Thread by @Geordie2302

#NUFCTakeover The most epic thread to date limited to some pictures because of Twitter's 25 tweet rule.
By the time I’ve finished this 🧵I reckon I’ll have enough for a scarf anyway…

A few things before we start off on this one and I’m putting it up front:

/1

What have we got today:

Rabbit holes, Arbitration, Owners & Directors Test, CAT, a few facts (F), some opinion(O), some guesswork(G) and some thoughts (T) and if you don’t like it you can GTFO.

/2

I genuinely have faith in the legal process. Whether it's Arbitration or CAT. Highly qualified individuals making intelligent arguments to reach a conclusion which will be robustly considered. Win or lose it will be a reasonable decision irrespective of whether I like it

/3

Arbitration
F1 We know the “expedited” arbitration hearing is in July and that it is on “separation”.
T1 Separation doesn’t really mean separation it means determining whether KSA is a “person” that has “control” over NUFC post takeover per A.1.147 and A.1.52 (F2).

/4

O2 KSA has control over PIF. Based on A.1.52. It would have the power to direct board changes at NUFC if it wished. It is quite literally written into “PIF Law” pif.gov.sa/en/GDP%20Attac…

Note (F3) the CEDA is one of two subcabinets of KSA and MBS is the chair of this and PIF.
/5

G1 Everyone and their Mam are aware of this so it doesn’t really make any difference.

/6

F6 (paraphrased a bit): A “body corporate” (is the same as a corporation and) include a body incorporated outside of the UK but not sole traders or partnerships.

/7

/8

O6 – there’s bound to be some back and forth during the arbitration hearing and (T5) I’m not sure who the onus is on to begin with. Is it the PL as they made the provisional decision? Or is it NUFC who have to defend it. T6 either way I reckon I’d rather be NUFC than the PL.

/9

CAT
Why are you talking about the CAT when you’re arbitration bit isn’t finished? I told you my brain was erratic, and you have to keep up (it’ll make sense in a bit).
F8. There will be a hearing and evidence on or before 11 June to see if the CAT will go ahead.

/10

If you’re still reading you might want to make a brew or something as this next bit might fuck you right off.

I certainly felt aggrieved as I was looking at the...

Owners and Directors Tests (ODT)

/11

I’m going to dispense with the numbering of GTFO as it’s doing my head in now and the majority of this next bit is just me ranting so, again, do your best to keep up. I also need to shoutout to Xander & Kirk for their help with this bit (Cheers Fellas)

/12

(F) The ODT has been changed (at least once) since we started this ordeal. Section F has a new section in the latest handbook (20/21) meet points F24-F27:

But even highlighting this I’ve jumped ahead of myself again – fucking brain.
/13

There seems to be a narrative that the ODT did not start. I’ve heard it repeatedly recently and apparently this is the reason why the PL offered arbitration. The tests hadn’t started because they couldn’t establish who to test. The judgement in January infers this as well.

/14

This makes sense in light of what the arbitration hearing is about.
F On the 14 April 2021 Andrew Musgrove wrote an article in the Chronicle. It was the one where the FoI request had borne fruit.

/15

In that article it stated that the email correspondence from the PL confirmed that the ODT started on the 21 April 2020. I have not seen this correspondence (didn’t do my own FoI) but that was what was reported.

Why is this important?!

/16

Several reasons (5 to be precise):

/17

So thinking about the CAT I have a timeline which says on the 21 April 2020 the PL confirmed to a third party the tests had started.
Remember way back when I said I’d done some investigations and pulled evidence together.

/18

Why?
Well on 12 June – the day the “decision” letter was sent / made, there is also correspondence between the PL and DCMS saying a decision isn’t imminent (that dreaded word).

Now if the PL have made a provisional decision, then surely that’s a decision in itself?
/19

On 21 June (9 days later) the PL are saying a decision may be made the following day…
Somebody somewhere is either lying or not being truthful and whether the CAT has to only catch the PL in a lie once or not is a matter for discussion it seems to me the PL are on thin ice.

/20

So arbitration won then?
I think so, but the PL have proven to be slippery pricks so far and I wouldn’t be surprised if there are some twists and turns. I genuinely hope to one day be able to read the judgement but doubt that we will be able to.
/21

I think the new sections of the test may have been added specifically with NUFC in mind, so it will be interesting to see if they apply (I don’t think they will).

What if we lose?
I don’t think we do (just like Mike) I think the CAT goes ahead as planned but..
/22

with as much a focus on the injunction on the decision as well as the loss Mike has suffered. Second bite at the cherry.

What if we lose both?
It’s Mike and Steve (sickening I know)

/23

How long?
A reasonable guesstimate would be that we find out if CAT will go ahead by 26 June and results of Arbitration in August (unless someone tweets “Yes!” for no other apparent reason)

/24

Are you still positive?

I am. The sun is shinning, were coming out of lockdown and it’s all on arbitration in the short term as far as I’m concerned and its around the corner. Fingers crossed.

Have a good weekend everyone!