The precedent for any financial loss that the Allams might incur was established months ago and likely before any NDA or CA was signed. In fact it happened eons ago as we all know. Future financial loss will be as a direct result of mismanagement of available funds and allowing the business to operate at a level which would allow it to thrive or have parity with other businesses. I'm no lawyer and others here obviously understand the implications better than I, but surely any court would laugh at the Allams whose advisors seem incapable of making a beneficial business decision. I hope the Americans come out and show them up.
Why "precisely"? Divulging sensitive information must have a downside to the one wanting to keep things secret, otherwise what's the point of agreeing to keep mouths shut? But all the same, if you and I agree to keep something secret, I can let it out with impunity unless there are legal reasons not to. And what reasons can there be in the case of Allams negotiating to sell? I'd say none. Secrecy in that case is part and parcel of doing a deal, nothing more.
Not that simple. There are issues that the law generally protects by statue or common law such as breach of privacy data and so on and there are potentially (probably) clauses between the buyer and seller of a business within their main terms protecting commercial information and third party sources etc. That is to allow the discussions to go on in safety and is the agreement I think people here imply. No side is able to disclose anything within the bounds of the specific agreement if they are defined or otherwise protected by law and will relate to commercial matters.....but once the negotiations end through breakdown then either side is otherwise free to state why that was or any bloody other thing, like they did not like the seller's attitude etc so long as not covered by legal protection or within the specific terms agreed. So the Americans can publicly state their side now and I hope they do, that's all - otherwise simmering resentment is built on this speculation (if it could get any worse)...
It'll come out one way or another that one side ****ed up the deal...and with their track record it won't take much for any interested party to figure out. Who's going to buy the club then? No one! If they do it'll be at a dramatically reduced price and in the Championship or even lower! It could take that long to get another buyer!
An alternative way of looking at things could be that as has been indicated in the media (BBC and SKY) the talks have been put on hold until after the transfer deadline, with both parties still looking to do a deal, in this case then with the confidentiality agreement would still apply as the `deal` is still `live`. We are taking as gospel those on here who are repeating third party info which is being fed to them, now unless they are in bed with either of the Allams or the potential purchasers, how do we know that what they are being fed is entirely accurate. I shall remain hopeful a deal can eventually be struck, albeit later then we would have all wanted. No doubt in the fullness of time details of the sticking points or potential downfalls shall be released by one or both parties.
My only comment to that is agreements involve the involved parties giving and taking things. As far as I know there is no legal retaliation if two people have agreed to keep something secret, then one blabs off about it ... unless divulging the secret hurts the other. And what harm is there in stating after the fact why negotiations failed? Blabbing off can be part of a negotiation. On the other hand, where is the benefit of making it public? Revenge? Is revenge a benefit?
A "memorandum of agreement" will set out the pathway and all main clauses to reach the end deal. And within that will be confi clauses etc
In other words a note to be taken into account when making the final, legally binding agreement. The only way this can be argued in court is if there was an understanding between the parties, and one of them disregarded it to the other's detriment. Then there could be a question of damages. But how would it be detrimental to the Allams if the others published why the negotiations failed?
Not revenge but carefully building momentum with the customer (fans) against the evil seller. Part PR, part tactics to drill down the idiot who fails to see the damage he is doing by holding out - which is why if Allam has ****ed this up I would hope to see the other side saying something either out of respect for us and the process generally, or to bring them back to the table and their senses by attritionally undermining the one asset they will need but might lose which is the goodwill of the supporter base. (Lose that and income is gone as tv money goes because no club can thrive in empty stadia. So they may state their case now. If not maybe they really did not cut it.)
That's really no different to hostile takeover bids where the ones wanting to takeover make their case in public. And I don't see how that is a wrongdoing unless the negotiating parties have agreed to keep things secret, then one blabs damaging the other. Is there any agreement between Allam and the Americans to keep it secret? If so, how does anyone know?
If negs are really ended they can say what they like so long as not unlawful - there is no law about secrecy apart from narrow commercial confidentiality. If they say or leak nothing I think the background negs are ongoing.
Agreed on the first sentence. I wouldn't like to speculate on your second, though I recall Allam Sr saying publicly he'd sell in 24 hours if the deal was right. What can be established is that Allam Sr was insincere saying his involvement was for the good of Hull City and the people of Hull. The club's situation right now encourages me to bet a straight five thousand quid that City will be relegated next May. You know what?, I think I will.
Evens is a bet of a lifetime.... As much as I would like to be proved wrong and defo don't have the 5k... a 100% return on a 9 month investment has to be great business..
Whoah, whoah, whoah....hang on there. Aren't you the same Driff Tiger who was one of the Allams' staunchest 'they can do no wrong for me' fans a few years back?
He or she is entitled to change his or her mind. You could always claim compensation if you can specify how Driff damaged you.
