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Re: Kettering Town

Posted: Tue Feb 09, 2021 8:09 am
by lo36789
spen666 wrote:
Tue Feb 09, 2021 7:58 am
2. Ask Brad Groves or Spennymoor Town about that. I do not have the information to confirm or deny that. I am not privy to the details of arrangements between the two parties, so would suggest you ask one or both of the two relevant parties who will be able to give you first hand information.
You do. It is on public record. Just a reminder.

https://spennymoortownfc.co.uk/2017/09/ ... -momentum/

"Club Chief Executive Bradley Groves has guided Spennymoor to the sixth tier of English football since taking over in July 2009 and has funded this development with a seven-figure personal investment."

Still don't have the information?

Re: Kettering Town

Posted: Tue Feb 09, 2021 1:47 pm
by jjljks
Wonder why Kettering v Leamington is one of only 2 games in NLN (other being Farsley v Guiseley) not postponed Tuesday 9th?

Re: Kettering Town

Posted: Tue Feb 09, 2021 4:25 pm
by theoriginalfatcat
jjljks wrote:
Tue Feb 09, 2021 1:47 pm
Wonder why Kettering v Leamington is one of only 2 games in NLN (other being Farsley v Guiseley) not postponed Tuesday 9th?
Every game in the league is off now.

Re: Kettering Town

Posted: Tue Feb 09, 2021 6:31 pm
by Richie_darlo
spen666 wrote:
Tue Feb 09, 2021 7:54 am
Richie_darlo wrote:
Tue Feb 09, 2021 2:24 am
spen666 wrote:
Mon Feb 08, 2021 4:53 pm
lo36789 wrote:
Mon Feb 08, 2021 4:13 pm
spen666 wrote:
Mon Feb 08, 2021 4:07 pm
A club like York that want the season to carry on, would have a very good claim to take ot court that the voting is invalid, because after some clubs voted, the NL moved the goalposts ( re the testing).
I would think such an argument had a good chance of succeeding.
Not sure this would be much of a claim.

Who is the claim against? The National League for applying their rules at the time they were applicable or all the clubs who York dispute that they voted in the 'right' way?

The resolutions mention nothing of testing / funding. They are absolute decisions "what do you want to do"?

As I understand it any time the league can ask it's members that question if they are prompted to do so by a member (that will be in the league rules somewhere). In fact the stronger case would be if the resolutions werent put to members as that would likely be against the organisations rules.

That sounds like a very thin claim to me.
The claim would be a strong claim, because the league asked clubs to vote on something, then halfway through voting changed the position.

The claim would be against the NL Management Board.

The claim would almost certainly be bound to succeed on its merits. York could rightly argue that the provision of testing was one of main objections of clubs, and it now being available would affect how clubs voted. The NL should have made the announcement before the voting started.

The remedy would be for the voting to be re run. The voting is a farce when half the clubs vote on one basis of facts, then the facts are changed by the poll organiser

It cannot be a fair poll when the poll organiser changes the facts halfway through voting after clubs have started voting

The problem is to re run the voting takes time and if clubs in re run vote decided to carry on season, the clubs have very little time to finish season unless playing 3-4 games a week.

Its a stupid action by the NL Management and one that opens up a legal challenge that would not have existed if they hadn't made the announcement part of the way through voting
This is fascinating. We're so lucky to have somebody who is able to provide such a detailed and accurate legal analysis.

"The claim would almost certainly be bound to succeed on its merits."

What claim, exactly? What is the cause of action? Breach of contract? Tort?

"The remedy would be for the voting to be re run."

So now we're into the realms of asking a court to order declaratory relief or some sort of specific performance against the National League for having enforced its own rules? By all means explain to me how that would work: I'm all ears. I also assume that, given your clear statements, you know the details of all of the relevant contractual dispute resolution procedures, but do correct me if I'm wrong.

We can, I think, all agree that the NL has been a joke in how they have handled this. What we don't need is a conniving arsehole from Spennymoor claiming that he understands the legalities of the position better than anybody else.

That is all the more so when that very same conniving arsehole was, until very recently, claiming that the NLN clubs (and, by implication, DFC) were actually responsible themselves for the current situation.

"Spen666", two questions:

1. Do you now accept that you were utterly wrong when you repeatedly claimed that the NLN clubs had voted for the situation in which they currently find themselves;

2. Do you accept that Brad Groves has already funded Spennymoor Town in a seven figure sum, and that his funding as a benefactor is ongoing?
Oh Richie, it must be do wonderful living in a world where no matter what they do you and football clubs have no responsibility for your actions.


So in answer to your questions

1. No

2. Ask Brad Groves or Spennymoor Town about that. I do not have the information to confirm or deny that. I am not privy to the details of arrangements between the two parties.
That's great, thanks. Maybe you could now explain, using the benefit of your legal expertise:

(i) the cause of action for the legal claim you say "would almost certainly be bound to succeed on its merits";
(ii) how, as a matter of law, "the remedy would be for the voting to be re run [sic]";
(iii) what the forum is in which this legal claim should be made.

These are very important issues, and you clearly have firm opinions on the matter; so no doubt you will be keen to clarify all of this.

Re: Kettering Town

Posted: Tue Feb 09, 2021 6:58 pm
by Vodka_Vic
theoriginalfatcat wrote:
Mon Feb 08, 2021 11:30 pm
theoriginalfatcat wrote:
Mon Feb 08, 2021 10:01 pm
“I am in particular disagreement that the executive appears to be encouraging clubs to take large loans to complete the season, as I have said twice at board meetings I believe that the competition rules are being broken by allowing the proposed loans, let alone encouraging them. (Page 155 Appendices 08 of the rule book).

It's all interesting - but the above bit intrigues me the most and I reckon Spen will love it.

A League threatening to take out sanctions and impose fines for clubs not agreeing to break competition rules, so Jim reckons - and he knows his stuff.
It's more lo who'll disagree with Jim.

Re: Kettering Town

Posted: Tue Feb 09, 2021 7:59 pm
by lo36789
Vodka_Vic wrote:
Tue Feb 09, 2021 6:58 pm
It's more lo who'll disagree with Jim
It's still the clubs who would be breaking the competition rules...encourage to or not.

Surely you remember at school "if so and so told you to jump of a cliff..." well imagine this as being a financial and legal cliff and the league is so and so.

The league would however ironically have to sanction for breaking the rules otherwise they would be breaking their rules.

Basically if you don't play you get sanctioned. If you take a loan you should be sanctioned.

Sanctions all round.

Re: Kettering Town

Posted: Tue Feb 09, 2021 9:32 pm
by Darlo Dodger
Dulwich Hamlet provide their take on the rules

https://twitter.com/dulwichhamletfc/sta ... 94179?s=21

Re: Kettering Town

Posted: Tue Feb 09, 2021 9:51 pm
by theoriginalfatcat
Where is Brian Barwick? Anyone seen him? Has he fallen asleep? Lost his voice? Drunk too much Harvey’s Bristol Cream?