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Bigbangs- Then if they are out of there depth isn't that negligent then.
And also the dates in the contract dont add up, the published long stop date of the 1st April 2021, but the committed commissioning schedule was the end of May 2021?
So surely the must have extended the long stop date but when was it?
Something really doesn’t add up
Computer, once they sort a legal opinion they were bound to follow it or put themselves in jeopardy. They are weak and inexperienced controlled by nominated advisor who has virtually total control over what is released in a RNS who would have insisted that they had to report the legal advice - quite right the error was not in reporting it but seeking it in the first place or certainly when they did.. We seem to agree that the DHSC had no need to cancel the contract and I certainly don’t believe they have.
Calderkate there is zero evidence to suggest negligence and you would be unable to prove it although as I have now suggested many times they have not acted with criminal intent, nor with negligence they are just out of their depth and do not have strong leadership or guidance within the company or it’s advisers although it is available to them should they seek it out - Lansdown would be a very good start.
@Bigbangs: looking at everything that is available in the public domain i have to agree with you, i cant see that anything has changed , and whilst yes by the letter of the contract without the DHSC specifically extending the long stop date then the contract would expire, and i can see why a contracts solicitor would issue that guidance, but it makes no sense what so ever for the DHSC to allow it to expire, it wasn’t costing them anything and the capacity was there on standby if needed, and why did ODX feel they needed to clarify the situation now, also why have DHSC representatives only recently answered written questions to parliament regarding the contract and not stated that the contract had expired.
Surely ODX cant have screwed up that much though could they?
Bigbangs- It doesn't have to of been criminal just negligent
This pcr requirement is ONLY for travellers but lft still needed for workplaces, events, travellers etc.
I can’t explain it to even my satisfaction from this viewpoint but tweets are not legally binding, they believed it was true at the time. Things changed.
Bigbangs:
Can you then please explain to me how ODX put out 2 Tweets in Feb/March this year that said: "We will deliver 2m LFT per week in April."
This was also BEFORE the contract with DHSC had been signed! I think that is absolutely wrong for them to have done.
No.
Have they been negligent when misleading shareholders in RNSs ?
No forget any sort of legal attack which you could almost certainly not afford and would certainly loose. This is just basic incompetence to a large degree and not criminal. You do yourself no favours by hanging onto the thought that ODX BoD have conspired to defraud you, they are not clever enough.
Have shareholders been misled negligently?
Thanks Computer for the actual extract from the contract. CK did mention the April date although did not comment on why they (ODX) had waited so long to pick this up or why they sought legal advise about this now 7 months later. My own view after giving myself time to calm down is nothing has actually changed. The DHSC have not terminated the contract they have simply overlooked the need to exercise an option to extend. When put on the spot they could do no more than say we don’t know what the future plans are for the contract - we have accepted that it was always a back up but after the time and trouble they, and we, went to setting everything up we were justified in believing it would be used. When faced with legal advice that the contact, as not extended as required, was no longer current ODX had backed themselves into a corner where they had no choice but to announce it. In frustration at not having any commitment was DHSC CK indicates that he thinks it is over when in fact it was no more over than it had been for the last 7 months or, again in my own view, not over at all just still not currently needed. Make of that what you will.
There was an extended stop date but know one can answer what the date was , which I find it highly unlikely it was the day before the interim results , CK needs to communicate ASAP about why we are all of a sudden in this position . The only up side I can read from the contract is that the pre production payment does not need to be paid back unless we went into phase 2 , but again Collin should clarify this as a matter of urgency ?
I'd rather the vaccines work tho,don't want deaths going up again
@CaptainSwag: i cant find any reference to any extension , do you have any links?
computer - i thought there was one extension and that was the issue as colin had assumed it would be extended again but there were only one extension allowed?
A few things to think about here
1. ODX can not legally sell a POC test in the uk at the moment any way until desk top approval (expected soon) so hopefully in 3 weeks time when the gov reassess hopefully go back to LFTs
2. If PCR only that will take 24/48hours before a result ? Why can’t they say LFT test as soon as arrival from any country ?
3. If this new variant is as bad as thought this bodes well for odx going forward and just maybe gives them more time to pull there fingers out ?
4
remember the first day we had a confirmed outbreak in the uk of covid , look where we ended up . Not saying this will happen with the new variant but if it is half as bad and the vaccines don’t work as well then going forward things should get interesting for omega ???
Having had time to look at the DHSC contract in detail, i’m in utter disbelief as to how poorly the company have managed this contract
The clause in play is 13.1
“The Contract takes effect on the Effective Date and ends on the End Date. Unless the Authority gives notice to the Supplier that it is proceeding to Phase 2, the Contract shall expire on the Long Stop Date. If the Supplier completes the requirements set out in this Agreement to be completed during Phase 1 to the Authority’s satisfaction, the Authority may exercise an option to continue the Contract by giving written notice to the Supplier during Phase 1 whereupon the Contract shall continue until the end of the Initial Contract Period.”
Now the notified long stop date is 1st April 2021, so in reality this contract expired on that date, as the company had not received a notification of any extension,
How could Colin have been in regular dialogue with the DHSC and this not have been addressed, something is very fishy here, in what ODX have been telling us for months
Sorry as a final thought on this, lab based PCR test will not be able to cope with the volume of tests required with such few Red areas - we have been here before and PCR testing turned into a complete debacle with there was limited travel - now or whilst the travel market is open PCR testing will quickly fall into chaos again.
Cheers Dave
Dave certain not disagreeing with you on the poor logic of the situation just stating my belief that for now you must get both but this might change.
3 weeks the next review. Sure the PCR test is from now, they never set a date in the future. Have a great trip, I was there earlier in the year, the pictures don't do it justice.
Off to the Maldives on Friday(maybe who knows:-). )already paid for my lft dam health Newcastle under Lyme.
I personally thInk they will leave the lft in place until they make a decision on the new variant over the next couple of weeks who knows I just need a break :-))))
Big bangs they will be working on it now, he has only announced it, did we used to do lateral flow testing and PCR tests when travel first opened up. No. We just need to agree to disagree.