Bury AFC v Bury FC

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With the current,are we the old or the new club,the situation in Bury is pretty much identical to ours.Bury FC were dissolved nearly three years ago.There has been talks of consortiums reforming Bury FC but as yet,no reformed club three years later.Some supporters of the old club decide to form a new one,Bury AFC who,in their first full season win the Northwest Counties Div One and win promotion to Level nine.Meanwhile various rumours of Bury FC coming back seem to be blocked because they cannot use the name unless they pay off the debts or,the consortium want to enter the pyramid higher than the leagues will allow.This means that fans of the old club are holding back on supporting AFC because they are waiting for the old one to reform and fans of the new are in a dilemma about should they stay with the new if the old come back.Fortunately with us,David Hando buying the name of the old club meant that talk of the old club coming back was never a possibility.Will Bury FC ever come back,who knows but if they don’t,I can see fans of AFC saying in 20 years time,” This has always been the same club as far as I am concerned “.Isn’t it strange how the mind forgets over time.

Re: Bury AFC v Bury FC

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Let's hope we never see the resurrection of Bury FC. Their last act as a going concern (of sorts) was to gain promotion at the expense of whichever team finished fifth that season. This was done by paying players more than they could afford (Telford included) and eventually ended up in the complete circus of playing the sympathy card when it all went down the pan.

Re: Bury AFC v Bury FC

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I feel what I think must be Percy’s frustration at being told (on another thread) that something he knows perfectly well is objectively the case is merely his own subjective opinion; that his opinion is neither true nor false, and that his attempt ‘to make a definitive argument’ to prove what he knows to be true, can’t possibly work. So, let’s test the idea that Percy can’t prove that Newport County and Newport County AFC are two different clubs, by reminding ourselves of a few simple truths.
The first truth is that although football clubs are ‘social constructs’ (they wouldn’t exist without human beings bringing them into existence) they are nevertheless objectively existing social constructs. Try telling someone that it is purely a matter of individual, subjective opinion that Manchester United exists; that saying MU does exist is neither true nor false. And we all know that it is objectively true that football clubs can be distinguished from one another. Try telling someone that it is neither true nor false, but is merely a matter of individual subjective opinion, that Man Utd and Man City are different clubs. In addition, we all know that football clubs are brought into existence, and cease to exist, by means of legally binding agreements between people. Percy knows what the objective nature of the agreement to bring Newport AFC into existence was, because he was there. Percy tells us that the intention of the people who gave birth to Newport AFC was to replace the defunct Newport County with a different club, and that is what objectively came to pass. As I understand it (I wasn’t there) the people involved had to make the new club a different one from the old club because if they had declared it to be the same it would have inherited the old club’s debts. Admittedly it was a collectively subjective decision to bring a completely new club into existence, but it is an objective, historical, legally endorsed, fact that that is exactly what happened.
It is true, of course, that many of us, including me, like to think of Newport County AFC and Newport County as the same club. In my less analytical moments, I will continue to think that way and will continue to tell anybody who will listen that the Great Len Weare holds the appearance record for the club. But, as we all find out eventually, what we would prefer to be the case and what is the case are very often completely different from one another. As Percy points out, the fact that were Jerry Sherman to have got his way there would have been TWO clubs is the clincher. This means that it is not a matter of subjective opinion that the two clubs were and are different from one another; on the contrary, it is a matter of logical necessity that they are different, since two separate entities cannot have a single identity. And it makes no difference that Sherman did not get his way; the fact that it would have been logically possible for him to have got his way is all that is required to prove Percy’s case.

Re: Bury AFC v Bury FC

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DorsetExile wrote: June 15th, 2022, 11:46 am I feel what I think must be Percy’s frustration at being told (on another thread) that something he knows perfectly well is objectively the case is merely his own subjective opinion; that his opinion is neither true nor false, and that his attempt ‘to make a definitive argument’ to prove what he knows to be true, can’t possibly work. So, let’s test the idea that Percy can’t prove that Newport County and Newport County AFC are two different clubs, by reminding ourselves of a few simple truths.
The first truth is that although football clubs are ‘social constructs’ (they wouldn’t exist without human beings bringing them into existence) they are nevertheless objectively existing social constructs. Try telling someone that it is purely a matter of individual, subjective opinion that Manchester United exists; that saying MU does exist is neither true nor false. And we all know that it is objectively true that football clubs can be distinguished from one another. Try telling someone that it is neither true nor false, but is merely a matter of individual subjective opinion, that Man Utd and Man City are different clubs. In addition, we all know that football clubs are brought into existence, and cease to exist, by means of legally binding agreements between people. Percy knows what the objective nature of the agreement to bring Newport AFC into existence was, because he was there. Percy tells us that the intention of the people who gave birth to Newport AFC was to replace the defunct Newport County with a different club, and that is what objectively came to pass. As I understand it (I wasn’t there) the people involved had to make the new club a different one from the old club because if they had declared it to be the same it would have inherited the old club’s debts. Admittedly it was a collectively subjective decision to bring a completely new club into existence, but it is an objective, historical, legally endorsed, fact that that is exactly what happened.
It is true, of course, that many of us, including me, like to think of Newport County AFC and Newport County as the same club. In my less analytical moments, I will continue to think that way and will continue to tell anybody who will listen that the Great Len Weare holds the appearance record for the club. But, as we all find out eventually, what we would prefer to be the case and what is the case are very often completely different from one another. As Percy points out, the fact that were Jerry Sherman to have got his way there would have been TWO clubs is the clincher. This means that it is not a matter of subjective opinion that the two clubs were and are different from one another; on the contrary, it is a matter of logical necessity that they are different, since two separate entities cannot have a single identity. And it makes no difference that Sherman did not get his way; the fact that it would have been logically possible for him to have got his way is all that is required to prove Percy’s case.
Are Rangers two clubs? Celtic fans love telling their supporters they are. How about Bristol City? Chester? Wimbledon? Their fans don't think so.

Re: Bury AFC v Bury FC

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Finally some input 👍

My thought on this subject is that you have a logic side and an emotional side. When we played Manchester City and it was just before the end of the game the logic part of me said Man City are world class we don't have a hope. However my emotional side said **** me, we have just scored, we can get a draw.

Likewise my logic side says its two clubs, but I go to watch for the emotional side, so that wins, and it's therefore one club.

Re: Bury AFC v Bury FC

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Bangitintrnet wrote: June 15th, 2022, 2:34 pm Finally some input 👍

My thought on this subject is that you have a logic side and an emotional side. When we played Manchester City and it was just before the end of the game the logic part of me said Man City are world class we don't have a hope. However my emotional side said **** me, we have just scored, we can get a draw.

Likewise my logic side says its two clubs, but I go to watch for the emotional side, so that wins, and it's therefore one club.
As I have said many times, for some of us a football club is more than a legal identity. For many of us Newport County have represented the town of Newport since 1912. Even when we went under the slightly ridiculous name of Newport AFC we were still County.
Now frankly if Percy or Dorset Exile or yourself wish to believe that there are two separate clubs then you are at liberty so to to. If I tried to tell you it was only one club then whilst it would be a subjective truth for me that wouldn't make it a subjective truth for you or an objective view for anyone.
And using the same logic, neither can the subjective view of others make a belief subjectively true for me or objectively for anyone.
An example of an objective truth would be that I hold the view it is one club. Another would be that Percy holds the view that thete are two.

Re: Bury AFC v Bury FC

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Well I hold the opinion that Dorset Exile’s and PP’s views are irrefutable despite my feelings of County continuity. Even emotionally it was telling that I was far happier when A.F.C. became County again, why so pleased if they were in fact the same?
Which brings me to the FAW case. I’m glad the judge ruled in our favour in the “ restraint of trade “ ruling but it does make you give your head a wobble to think that the FAW may have thought “ hold on, this isn’t really Newport County, they’re dead and gone so why shouldn’t they join us? “

Re: Bury AFC v Bury FC

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When Newport AFC were 10 years old, the then chairman John Williams decided to have a vote as to what name the club would use going forward, as 10 years had elapsed, and Newport County AFC could be re registered.

I nievely assumed that this would be a landside vote, so put forward Newport County Borough, on the basis that coal mines were shutting, and we could obtain jackets with NCB on the back for pennies.

Much to my supprise, the suggestion ended up on the ballot paper. The vote took place and was actually very close between Newport AFC and Newport County AFC, with NAFC just ahead.

I had voted for Newport County AFC, but a handful actually voted for Newport County Borough. John therefore added those votes to the Newport County AFC votes to produce a winner.

So unbelievably, I actually ended up playing a part in the naming of the club.

Re: Bury AFC v Bury FC

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If you all think Newport County are still the same club as the Newport County from the 27th of February 1989, they must still owe many businesses £330,000. All the shareholders should do the right thing. Let us say the companies are trading. Newport County should pay back all the money.

Re: Bury AFC v Bury FC

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Torquay Exile wrote: June 15th, 2022, 5:05 pm If you all think Newport County are still the same club as the Newport County from the 27th of February 1989, they must still owe many businesses £330,000. All the shareholders should do the right thing. Let us say the companies are trading. Newport County should pay back all the money.

Nah. You're alright. We're still the same club though

Re: Bury AFC v Bury FC

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Torquay Exile wrote: June 15th, 2022, 5:05 pm If you all think Newport County are still the same club as the Newport County from the 27th of February 1989, they must still owe many businesses £330,000. All the shareholders should do the right thing. Let us say the companies are trading. Newport County should pay back all the money.
I must be reading different threads than yourself. The one's I have been reading doesn't have all posters 'thinking Newport County are still the same club as the Newport County from the 27th of February 1989' and indeed even some of those, like myself, who view it as the same club in the sense that it is the club that represents Newport in the English football pyramid; accept that it is a different legal entity.

Notwithstanding of course that a Football club is IMO far more than just a legal entity. Perhaps you see it as such?

Re: Bury AFC v Bury FC

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Bangitintrnet wrote: June 15th, 2022, 5:02 pm When Newport AFC were 10 years old, the then chairman John Williams decided to have a vote as to what name the club would use going forward, as 10 years had elapsed, and Newport County AFC could be re registered.

I nievely assumed that this would be a landside vote, so put forward Newport County Borough, on the basis that coal mines were shutting, and we could obtain jackets with NCB on the back for pennies.

Much to my supprise, the suggestion ended up on the ballot paper. The vote took place and was actually very close between Newport AFC and Newport County AFC, with NAFC just ahead.

I had voted for Newport County AFC, but a handful actually voted for Newport County Borough. John therefore added those votes to the Newport County AFC votes to produce a winner.

So unbelievably, I actually ended up playing a part in the naming of the club.
I knew that we had actually won the vote but,the result was rigged as the new board wanted the name change.Can you remember what the real result was and how many fiddled votes were added on from NCB.

Re: Bury AFC v Bury FC

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If one takes the view that whether Newport County are one or two separate clubs then the argument can be resolved using the rule in Fosse v Harbottle. And those such as Percy and Bangitinthenet are right. The rule incidently is that the company is the proper plaintiff. Or put in simple terms a company has a separate legal identity.
However the courts have long appreciated that this is a nonsense. Therefore it is possible to 'peep behind the veil'. In terms seek out the controlling mind. Of course if you were to take this view, then the Newport County of today, is a different club, than it was 10 years ago. There being a new group of directors.
Then again if one is to follow one of these two lines then two points arise. Firstly MK Dons won the FA Cup in 1988. Why they recognized that AFC Wimbledon are the true owners of that title is any one's guess. Secondly on 20th Aprli 1982 a new club was formed. Less than three years after winning the European Cup Nottingham Forest ceased to exist. 97 years of history gone in the formation of a new club Nottingham Forest Limited. I don't recall hordes of Nottingham Forest fans crying in the streets at the loss of their beloved club. But on that date the old club which was Nottingham Forest ceased to exist as the new legal identity of a limited company was formed.
The easy solution? If you want to make Newport County one club, it's one club. If you want to make Newport County two clubs, it's two clubs.

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