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Post by RD on Aug 26, 2014 14:27:51 GMT
A fair try oldie but I'm not satisfied. All reasons given so far highlight shortfalls in other areas. Valid though they may be they are not proving to me that Higgs is at fault for anything that scuppered the UWE. On the interview. Those are not lies. Those are statements made in honesty. Higgs position is exactly what he says, he knows of no reason why tge UWE should not proceed. He has it seems even hired lawyers to argue exactly that! Anything else he omitted would be in the interests of the case to be taken to court. Why weaken your position? I'm asking all. Show me one good reason why Higgs is to blame for THE STADIUM ISSUE. As far as compensation is concerned if the extended delivery hours appeal fails it seems to me Sainsbury's can, legally, just walk away from the deal. So much for that being "water tight"! I must say, I've no idea how you've come to this conclusion? Don't get me wrong, you may well prove to be correct; but at present there isn't - as far as I am aware - any information to back this up or lead you to this assessment.
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Post by Gas-Ed on Aug 26, 2014 14:34:12 GMT
A fair try oldie but I'm not satisfied. All reasons given so far highlight shortfalls in other areas. Valid though they may be they are not proving to me that Higgs is at fault for anything that scuppered the UWE. On the interview. Those are not lies. Those are statements made in honesty. Higgs position is exactly what he says, he knows of no reason why tge UWE should not proceed. He has it seems even hired lawyers to argue exactly that! Anything else he omitted would be in the interests of the case to be taken to court. Why weaken your position? I'm asking all. Show me one good reason why Higgs is to blame for THE STADIUM ISSUE. When asked a direct question by 20men on Saturday NH clearly indicated there were not any issues with the Mem sale etc going ahead, but at the same time he was in the process of issuing proceedings against Sainsbury's due to the fact they don't want to proceed. It beggars belief fans can stand by them him, when it's Whaddon Rd all over again. Why couldn't NH just explain to 20men the issues on Saturday, to continue to hide behind confidentiality clauses is, in my view, ludicrous when the writ is now in the public domain. Problem now is if NH steps down as Chairman is he effectively conceding defeat to Sainsbury's? As far as compensation is concerned if the extended delivery hours appeal fails it seems to me Sainsbury's can, legally, just walk away from the deal. So much for that being "water tight"! Nick Higgs strikes me as someone who is desperate to save face. Taking Sainsburys to court is, I believe, biting off more than we can chew. Higgs' rein has been a disaster, with UWE the only saving grace. I don't know where we, or Higgs will go from here.
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Post by Henbury Gas on Aug 26, 2014 14:40:06 GMT
When asked a direct question by 20men on Saturday NH clearly indicated there were not any issues with the Mem sale etc going ahead, but at the same time he was in the process of issuing proceedings against Sainsbury's due to the fact they don't want to proceed. It beggars belief fans can stand by them him, when it's Whaddon Rd all over again. Why couldn't NH just explain to 20men the issues on Saturday, to continue to hide behind confidentiality clauses is, in my view, ludicrous when the writ is now in the public domain. Problem now is if NH steps down as Chairman is he effectively conceding defeat to Sainsbury's? As far as compensation is concerned if the extended delivery hours appeal fails it seems to me Sainsbury's can, legally, just walk away from the deal. So much for that being "water tight"! Nick Higgs strikes me as someone who is desperate to save face. Taking Sainsburys to court is, I believe, biting off more than we can chew. Higgs' rein has been a disaster, with UWE the only saving grace. I don't know where we, or Higgs will go from here. Administration because he will just walk away
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Post by Topper Gas on Aug 26, 2014 14:46:22 GMT
Administration would at least give us a new start, as long as BB didn't remain on the scene.
Sent from my Nexus 7 using Tapatalk
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Post by Gas-Ed on Aug 26, 2014 14:47:15 GMT
Nick Higgs strikes me as someone who is desperate to save face. Taking Sainsburys to court is, I believe, biting off more than we can chew. Higgs' rein has been a disaster, with UWE the only saving grace. I don't know where we, or Higgs will go from here. Administration because he will just walk away Probably right. As far as I can see, talk of the compensation being enough to redevelop the Mem or build a smaller ground elsewhere is pie in the sky stuff. It will be enough to cover what Higgs and co have put in and they will be happy to walk away. I don't think it is any coincidence that GD has chosen this particular time to walk away. He knew full well that sh it was about to hit the fan, especially if/when the contract isn't quite as watertight as we were told. Desperate times for our club.
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Post by Henbury Gas on Aug 26, 2014 14:52:37 GMT
Administration would at least give us a new start, as long as BB didn't remain on the scene. Sent from my Nexus 7 using Tapatalk and where do we play our games ?? Nick has the ground as collateral for his loans so he can dispose of it to recoup his money and live happy ever after in Italy...
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Post by Deleted on Aug 26, 2014 14:54:36 GMT
As far as compensation is concerned if the extended delivery hours appeal fails it seems to me Sainsbury's can, legally, just walk away from the deal. So much for that being "water tight"! I must say, I've no idea how you've come to this conclusion? Don't get me wrong, you may well prove to be correct; but at present there isn't - as far as I am aware - any information to back this up or lead you to this assessment. That conclusion can be determined from the wording of the writ issued by 1883 ltd. They are claiming that Sainsburys has not made best efforts to resolve the outstanding planning issues even though a) 1883 ltd have a procured a noise and traffic study and paid for it b) 1883 ltd have offered to fund the appeal
This desperation suggests that that Sainsburys have a clause in the contract that allows them to walk away, ie "Subject to Planning", in this case extended delivery hours as Toppergas states. Its tough on Higgs because he might, not being a retailer and have almost zero operational experience previously, have not anticipated this detail and get out. It appears to me that he may well have be in a checkmate position.
Its not watertight, but worse, he may not have even known it.
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Post by Deleted on Aug 26, 2014 14:55:41 GMT
Administration because he will just walk away Probably right. As far as I can see, talk of the compensation being enough to redevelop the Mem or build a smaller ground elsewhere is pie in the sky stuff. It will be enough to cover what Higgs and co have put in and they will be happy to walk away. I don't think it is any coincidence that GD has chosen this particular time to walk away. He knew full well that sh it was about to hit the fan, especially if/when the contract isn't quite as watertight as we were told. Desperate times for our club. Totally agree, didn't want to be associated with it. I also believe new investment is on its way and as a prerequisite GD had to step down. May have only finally agreed to because he knew what was coming. They have no choice but to accept new money now So we may finally see someone new at the top. I cant imagine it is possible that they could do a worse job then Higgs and his mates.
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Post by Gas-Ed on Aug 26, 2014 14:57:19 GMT
Administration would at least give us a new start, as long as BB didn't remain on the scene. Sent from my Nexus 7 using Tapatalk and where do we play our games ?? Nick has the ground as collateral for his loans so he can dispose of it to recoup his money and live happy ever after in Italy... But he's a Gashead, isn't he?
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Post by RD on Aug 26, 2014 14:58:18 GMT
I must say, I've no idea how you've come to this conclusion? Don't get me wrong, you may well prove to be correct; but at present there isn't - as far as I am aware - any information to back this up or lead you to this assessment. That conclusion can be determined from the wording of the writ issued by 1883 ltd. They are claiming that Sainsburys has not made best efforts to resolve the outstanding planning issues even though a) 1883 ltd have a procured a noise and traffic study and paid for it b) 1883 ltd have offered to fund the appeal
This desperation suggests that that Sainsburys have a clause in the contract that allows them to walk away, ie "Subject to Planning", in this case extended delivery hours as Toppergas states. Its tough on Higgs because he might, not being a retailer and have almost zero operational experience previously, have not anticipated this detail and get out. It appears to me that he may well have be in a checkmate position.
Its not watertight, but worse, he may not have even known it.
Fair enough. IMO though as both points refer to specific clauses in the contract, one assumes that they are in breach of terms of the contract and therefore are liable. However, you could well be correct.
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Post by Deleted on Aug 26, 2014 14:58:36 GMT
Administration would at least give us a new start, as long as BB didn't remain on the scene. Sent from my Nexus 7 using Tapatalk and where do we play our games ?? Nick has the ground as collateral for his loans so he can dispose of it to recoup his money and live happy ever after in Italy... That's dead right and who would blame him? The issue is why fans, along the road, choose to blind trust.
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Post by Henbury Gas on Aug 26, 2014 15:01:49 GMT
and where do we play our games ?? Nick has the ground as collateral for his loans so he can dispose of it to recoup his money and live happy ever after in Italy... That's dead right and who would blame him? The issue is why fans, along the road, choose to blind trust.
because Les, like God he offered the promised land.
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Post by Deleted on Aug 26, 2014 15:04:12 GMT
That's dead right and who would blame him? The issue is why fans, along the road, choose to blind trust.
because Les, like God he offered the promised land. Because hope is nicer then fear ? He simply needs to go, £7m of debt and two relegations.
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Post by Topper Gas on Aug 26, 2014 15:07:40 GMT
I must say, I've no idea how you've come to this conclusion? Don't get me wrong, you may well prove to be correct; but at present there isn't - as far as I am aware - any information to back this up or lead you to this assessment. That conclusion can be determined from the wording of the writ issued by 1883 ltd. They are claiming that Sainsburys has not made best efforts to resolve the outstanding planning issues even though a) 1883 ltd have a procured a noise and traffic study and paid for it b) 1883 ltd have offered to fund the appeal
This desperation suggests that that Sainsburys have a clause in the contract that allows them to walk away, ie "Subject to Planning", in this case extended delivery hours as Toppergas states. Its tough on Higgs because he might, not being a retailer and have almost zero operational experience previously, have not anticipated this detail and get out. It appears to me that he may well have be in a checkmate position.
Its not watertight, but worse, he may not have even known it.
Oldie if you download the full writ from the Bristol Post website it explains in detail Sainsbury's can just walk away if there is restricted delivery hours. Sainsbury's have been trying to play this clever by not to issuing an Appeal, as without a successful one the deals dead. NH must have been aware of that hence why he's taken on the task of forcing Sainsbury's to enter an Appeal.
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Post by Deleted on Aug 26, 2014 15:08:52 GMT
That's dead right and who would blame him? The issue is why fans, along the road, choose to blind trust.
because Les, like God he offered the promised land. Well my friend, the lesson is Jude 1:12
Appropriate?
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Post by benjaminblue on Aug 26, 2014 15:09:35 GMT
What happens if BCC approve the planning appeal on delivery times? The would put the onus on Sainsburys to proceed so assume they would just drag their heels then for years like they are with Southend?
On the flip side (& 99.99% guaranteed) UWE collapses, how much could we get for The Mem for housing? £12M?? Would that still make a smaller UWE (say 12-15,000) viable?
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Post by Henbury Gas on Aug 26, 2014 15:11:49 GMT
because Les, like God he offered the promised land. Well my friend, the lesson is Jude 1:12
Appropriate? Not bad that Les
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Post by Deleted on Aug 26, 2014 15:13:44 GMT
That conclusion can be determined from the wording of the writ issued by 1883 ltd. They are claiming that Sainsburys has not made best efforts to resolve the outstanding planning issues even though a) 1883 ltd have a procured a noise and traffic study and paid for it b) 1883 ltd have offered to fund the appeal
This desperation suggests that that Sainsburys have a clause in the contract that allows them to walk away, ie "Subject to Planning", in this case extended delivery hours as Toppergas states. Its tough on Higgs because he might, not being a retailer and have almost zero operational experience previously, have not anticipated this detail and get out. It appears to me that he may well have be in a checkmate position.
Its not watertight, but worse, he may not have even known it.
Oldie if you download the full writ from the Bristol Post website it explains in detail Sainsbury's can just walk away if there is restricted delivery hours. Sainsbury's have been trying to play this clever by not to issuing an Appeal, as without a successful one the deals dead. NH must have been aware of that hence why he's taken on the task of forcing Sainsbury's to enter an Appeal. Yep I think we are agreeing. My issue is competence in that when he said the contract was watertight he actually believed it. It suggests he may not have understood the implications of the clauses in the contract he was signing which, if so, is "surprising" given that this was supposed to be the one area of expertise.
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Post by RD on Aug 26, 2014 15:18:55 GMT
What happens if BCC approve the planning appeal on delivery times? The would put the onus on Sainsburys to proceed so assume they would just drag their heels then for years like they are with Southend? On the flip side (& 99.99% guaranteed) UWE collapses, how much could we get for The Mem for housing? £12M?? Would that still make a smaller UWE (say 12-15,000) viable? Good question. On another note, it's not possible for UWE to in turn sue us is it? I.e. for our inability to fulfil the contract (due to Sainsburys butt ***g us). I'm sure there wouldn't be but everything has gone so horribly wrong, I can't help but wonder!
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Post by Deleted on Aug 26, 2014 15:25:06 GMT
What happens if BCC approve the planning appeal on delivery times? The would put the onus on Sainsburys to proceed so assume they would just drag their heels then for years like they are with Southend? On the flip side (& 99.99% guaranteed) UWE collapses, how much could we get for The Mem for housing? £12M?? Would that still make a smaller UWE (say 12-15,000) viable? If we changed plans for UWE it would require their agreement and new planning permission.
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