Wigan Fans again :)

That's what bothers me. Phillips may have to take the case, but you can't imagine he's told an administrator that there's no case, and the administrator has chosen to spend the money anyway.

 

He can advise (and will have done so), but ultimately it's not his choice. There are a few reasons why the administrators might want to push ahead - it makes the club more attractive to potential purchasers in the short term, or it might even be that the loss of income that results from relegation would be so catastrophic that they don't really have an option other than to chance it.

 

Barristers, Solicitors, Queens Council are all whores! They will take anyone’s money, provided they are being paid for their services. Win or lose the case they don’t care, it doesn’t effect them, it’s a job and and losing a case it part and parcel of their profession. However I’m sure upon appointment they will have given their client a realistic expectation of the anticipated outcome. Their administrator Mr Kressner is known as a BS merchant, he’s trying to get an investor to buy the club quickly, probably before their PAYE tax is due because once they don’t pay the inland revenue on time, there’s no further negotiations. He’s going to be bullish blowing smoke up people, when in reality everyone knows it’s for show.

the basics of this case are simple, The owner “person of Significant control” of Wigan Athletic as a company Took it upon themselves to place “Wigan Athletic” as a company into Administration. The penalty for that by the EFL is automatic 12 points deduction. It was during the 2019/20 playing season although extended, every club will have signed up to those conditions.

Why place them into administration? simply the didn’t have the cash flow to carry on. Wages were deferred to players, they had a bucket collection from fans to enable them to complete the season. They obviously have big liabilities due in the coming months which their owners distanced and dropped their responsibilities quickly before they became actually due, as once the hidden debts became common knowledge, it would have become impossible to do a moonlight flit the way they have.


The change of ownership etc is completely irrelevant and under company rules they have not broken the law. it’s immoral for them to Suddenly stop bankrolling the football club with no formal warning, but that’s their right of being the owner and that clearly what happened. They were the owners of the club at that time, not the fans or the community of Wigan. No different to Portsmouth, Bolton etc - The people who eventually took over the club have had to deal with mess created by the previous owners.

 

The big freeze started at Christmas 1962 after an anticyclone formed over Scandinavia on 22 December - the day my wife was born and her mother was stuck inside with her through January 1963 (the coldest month since 1814). That might explain a lot

That December was also the last London smog.

 

What a load of tosh. Says 30 years working in the Courts and 8 in a barristers Chambers. How can you assert that, and then say that on appointment he will have given realistic expectation of the outcome? In a case like this he will have been instructed by Wigan’s (or the administrator’s) solicitors to advise, and then if he identified merits in an appeal they would then formally instruct him to act. He is then duty bound to advise and represent throughout in relation to the appeal and law in issue. They get paid legal aid rates in legal aid granted cases and agree fees in advance with the client on privately paying cases based on their skill and experience in that field. The solicitor and their client decide whether that fee is ok or not. If it isn’t then they’ll negotiate a different one.

Let’s hope you never need one.

As an aside, it doesn’t mean anything that they’ve instructed that Q.C.- barristers advise all the time depending on which side they are asked to advise for, it doesn’t mean they are right in their interpretation of the relevant law or regulations/rules.

 

I bow to your better knowledge of the exact legal protocol. However point I was putting across, is their argument for appeal is weak and if your prepared to pay the costs the legal profession will represent! This is clearly not a legal aid case but effectively and I don’t know the correct terminology but I would say a “corporate appeal” of which if we are to believe the media has a total cost of 500k

 

I know it’s not a legal aid case, I was just saying how they get paid. It’ll be a privately paying instructed case (i.e. not funded from public funds).

The load of tosh referred to your first 6 lines. After reading that I didn’t bother reading anything else.

 

Anyway, I’m after the BBS Flounce of the Year award

 

No worries. Anyways, my only worry on this is if there is some kind of “anomaly” in the paperwork from the EFL, that extended the season, which they are trying to exploit as a technicality. Although taking the whole situation into consideration, as understood in the media, their entire argument of force-majeure is weak to non existent.