RE: The Risks4 Oct 2021 07:22
Porky9 - 19:01 last evening:
"Moving forwards, the good news is that David is joining 18.10 I have every confidence he can turn this around. Once the Dispute is resolved frankly it will be like a massive weight is lifted from our neck and we can march into 2022 driving this forward."
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Just because the Novacyt team have a new batsman (DA), it does not mean the dispute changes.
The DHSC team sheet might change occasionally but their cause has not been lost - yet.
1 IMO the ADR process should have ended by now, but NCYT is trading with DHSC despite non-repayment of the disputed funds. As ADR has possibly finished, both parties are living with the standoff - for now, -
and possibly for a while yet.
2 IF ADR has ended, what are the options:
a NCYT write off the losses, - ending their interest in being paid what DHSC owe.
b NCYT preparing to take DHSC to court
c One or both parties interested in some other form of settlement, that could already be the basis for the company recommencing trading with DHSC.
3 DHSC may be lumping NCYT dispute in with other suppliers disputes, - so resolution for everyone eventually.
4 DHSC may be lumping NCYT dispute in with other supplier disputes, - who might later decide to collectively take DHSC to court.
5 NCYT could take DHSC to court, because the dispute is not similar to other suppliers disputes with DHSC.
- But the timing is not right for whatever reason.
6 DHSC takes NCYT to court over as yet unspecified contractual issues.
Of course other options are available.
If the new CEO's view on the dispute differs from the Chairman's view, and/or Nick Plummer's view, (General Counsel and Company Secretary) how does that affect the way forward?
- Only the chairman was in the company when the dispute occurred.
All we know is "the Company has taken legal advice and believes it has strong grounds to assert its contractual rights."
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Porky, - as you know, a lot of what can be done to end this dispute is not wholly in the gift of the new CEO.
A fresh CEO (with no experience) will not necessarily herald the end of the dispute.
If I were AD I would leave the dispute with the Chairman and Nick Plummer, and accept whatever will be will be, because there are so many global trading opportunities available, (which definitely are the CEO's direct responsibility), and urgently need immediate attention.
But you knew all this.
You just want to encourage new investment on this bb, by encouraging others to believe resolution must come soon, and hoping AD's appointment goes a long way to solving the dispute.
The dispute will be done when it's done.
Option 2c allows for dispute closure being in process.