i was 100% sure an agreement had been made yesterday after the days adjournment...so was running possible numbers through my head on what the settlement could be...and the resulting sp.
was expecting to be out today with an amount worthwhile of the wait..prob not break even but something
Kam - i suspect the damage was done by the experts agreeing.
i remember saying when it first became a serious issue ..that i thought a settlement on letting ncyt keep their cash and gov not paying the rest would be a good result.
2 years or whatever it is down the line however it is super disappointing
Wilson - i think it is difficult to think of it in pure terms of winning if a settlement occurs.
it will either be full court case or settlement today in my view.
if there is a settlement it is for both sides to avoid the full court case - time and expense and fear of losing. etc
a settlement means that both sides have to compromise and offer the other party better terms than they could get if they outright lost.
as i said i might be wrong but i cant see ncyt compromising on the £130m of the original claim. bearing in mind how they have said all along that they had a strong case an ctda approval etc etc.
BUT they could negotiate on the £80m that they are counterclaiming and still have a moral victory.
this would save the gov money if they thought they could lose plus the expense of a trial etc.
they would need to get something back in order to stop the proceedings.
the issue wold then be on the numbers. how much ncyt would be willing to reduce and how much the gov would be willing to pay. i suspect in a sense it will be easier for ncyt to cut down than to get approval within the gov to raise the offer. this would need to be signed off and who knows how laborious a process that is.
ncyt need to be careful that they dont close the window in my opinion.
if there is no benefit then the gov could proceed and even of they think they are going to lose go for an immediate appeal. we really don't want that
we would be back to square 1 of waiting an eternity.
in addition the gov might say valuable time has been lost on adjournment and that a new trial date is needed.
the election has prob affected things quite a bit.
personally i hope a deal has been done late last night or this morning.
we won't get the full whack but it puts and end to it and the risk of a loss
a deal could also potentially salvage the relationship between both parties - something ncyt will be mindfl of in terms of future business
Sounds to me like they are close -just thrashing numbers. the lawyers will have to do their best then run it through ncyt and gov. the gov thing might take time - getting someone to make a decision.
the fact it is listed tmrw does not mean it can't be cancelled first thing or be adjourned again.
If it had been an adjournment for an hour - possibly
But not a loss of a day.
they would have a tight schedule to fit it in the timescale provided- and the judge and or lawyers would prob/poss be booked for another case straight after.
i doubt theJudge would also take kindly to a delay that should have been sorted pre trial
smells like settlement to me now - a day adjournment is a biggie