Re: Bury AFC v Bury FC

16
Stan A. Einstein wrote: June 16th, 2022, 9:05 am 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.
Hi Brendan. The two answer solution will work for those of a certain persuasion. No amount of legalese, rational thinking or logic will convince me that the team I first supported as a nipper that represents the City of Newport in the football league, play in black and amber and are called the County are anything other than the team I first saw at Somerton Park in 1964. As I said previously, emotion trumps logic. Same club.

Re: Bury AFC v Bury FC

17
pembsexile wrote: June 16th, 2022, 6:33 pm
Stan A. Einstein wrote: June 16th, 2022, 9:05 am 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.
Hi Brendan. The two answer solution will work for those of a certain persuasion. No amount of legalese, rational thinking or logic will convince me that the team I first supported as a nipper that represents the City of Newport in the football league, play in black and amber and are called the County are anything other than the team I first saw at Somerton Park in 1964. As I said previously, emotion trumps logic. Same club.
Substitute 64 for 58 and this encapsulates it for me also.

Re: Bury AFC v Bury FC

18
OLDCROMWELLIAN wrote: June 16th, 2022, 6:56 pm
pembsexile wrote: June 16th, 2022, 6:33 pm
Stan A. Einstein wrote: June 16th, 2022, 9:05 am 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.
Hi Brendan. The two answer solution will work for those of a certain persuasion. No amount of legalese, rational thinking or logic will convince me that the team I first supported as a nipper that represents the City of Newport in the football league, play in black and amber and are called the County are anything other than the team I first saw at Somerton Park in 1964. As I said previously, emotion trumps logic. Same club.
Substitute 64 for 58 and this encapsulates it for me also.
Same for me, but substitute 58 & 64 with 83

Re: Bury AFC v Bury FC

19
Exile 1976 wrote: June 16th, 2022, 7:01 pm
OLDCROMWELLIAN wrote: June 16th, 2022, 6:56 pm
pembsexile wrote: June 16th, 2022, 6:33 pm
Stan A. Einstein wrote: June 16th, 2022, 9:05 am 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.
Hi Brendan. The two answer solution will work for those of a certain persuasion. No amount of legalese, rational thinking or logic will convince me that the team I first supported as a nipper that represents the City of Newport in the football league, play in black and amber and are called the County are anything other than the team I first saw at Somerton Park in 1964. As I said previously, emotion trumps logic. Same club.
Substitute 64 for 58 and this encapsulates it for me also.
Same for me, but substitute 58 & 64 with 83
Kids. :roll:

Re: Bury AFC v Bury FC

24
When David Hando writes: 'It is important to distinguish between Newport County (The Ironsides) a club of the past, and Newport County AFC (The Exiles) the club of the present and future' what he is saying, if you take all the evidence into account is, as LowandHard expresses it, irrefutable. It seems to me that no amount of emotionally driven denial can make what Hando says false. But in the same piece David Hando says something that encompasses the contrary positions of both Stan and Percy on this matter, when he adds (what was true at the time he was writing) that the current club 'is 28 years old, but has a 105 year history.' What a wonderful way to put it.

Re: Bury AFC v Bury FC

26
DorsetExile wrote: June 17th, 2022, 6:51 am When David Hando writes: 'It is important to distinguish between Newport County (The Ironsides) a club of the past, and Newport County AFC (The Exiles) the club of the present and future' what he is saying, if you take all the evidence into account is, as LowandHard expresses it, irrefutable. It seems to me that no amount of emotionally driven denial can make what Hando says false. But in the same piece David Hando says something that encompasses the contrary positions of both Stan and Percy on this matter, when he adds (what was true at the time he was writing) that the current club 'is 28 years old, but has a 105 year history.' What a wonderful way to put it.
That is what David Hando believes. It is what you believe. I have no problem with that. It is not what I believe. If you have a problem that, that's your problem not mine. :grin:

Re: Bury AFC v Bury FC

28
Stan A. Einstein wrote: June 17th, 2022, 10:42 am
DorsetExile wrote: June 17th, 2022, 6:51 am When David Hando writes: 'It is important to distinguish between Newport County (The Ironsides) a club of the past, and Newport County AFC (The Exiles) the club of the present and future' what he is saying, if you take all the evidence into account is, as LowandHard expresses it, irrefutable. It seems to me that no amount of emotionally driven denial can make what Hando says false. But in the same piece David Hando says something that encompasses the contrary positions of both Stan and Percy on this matter, when he adds (what was true at the time he was writing) that the current club 'is 28 years old, but has a 105 year history.' What a wonderful way to put it.
That is what David Hando believes. It is what you believe. I have no problem with that. It is not what I believe. If you have a problem that, that's your problem not mine. :grin:
Exactly. Likewise.

Re: Bury AFC v Bury FC

29
I see that The Drifters are currently on a World Tour.It says that they were formed in 1953,that means that the four guys on stage are all about 95 years old but,the photo shows them to be half that age.One singer says to the audience “ This is a song that you put in the charts for us in 1965 “,how can that be correct as none of the guys on the stage were even born in 1965.The answer,the daughter of the original manager now owns the trade name of The Drifters,she knows that calling these singers The Drifters means that they get prestigious venues where she can charge top ticket prices.They are in fact a tribute act but,if she called them The Plunketts,a sensational tribute to The Drifters,the venues and ticket prices would be much lower,even though it would be the exact same singers on the stage.Now,if someone in the audience wants to believe that they have just seen The Drifters then so be it but,they haven’t.If fans of ours want to think that this football club is the old County then,as long as they keep supporting us then so be it but,we are not the old County.

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