RE: The outcome will unlock the course26 Jun 2021 16:41
This is a superb thread and quality debate is what this board should be for. I have taken note of all feedback and will act on it.
Its an interesting perspective of possible eventualities that @Sword20 describes and obviously being a resident bull here I am obviously going to favour the posters best case scenario.
However, I would like to add a further situation into the mix and would value opinion.
During the last ten years I was involved in two different Alternative Dispute Resolution (ADR) situations, they were in the software industry not the same but principle the same.
In both cases, both parties were rigid in their position, and both were heading down the court path.
Now, as I understand it as a market average there is only about a 5% chance of a case NOT being resolved via ADR. In fact, a judge will not look favourably on a company that has not entered the spirits of negotiations without the intention to settle.
Further, both parties want to avoid drawn out expensive legal cases AND I would say more so in the case of the DHSC who are under enough flack as it is with a volume of disputes, and it really does not look great for government.
The following link details a JSM, its from the perspective of a compensation claim but again the principles are similar: -
https://www.devereuxchambers.co.uk/resources/blog/personal-injury/view/the-art-of-jsm-is-that-your-final-answer
In both cases I was involved with they were going right to the wire; alternative supply was not going to be accepted (it could in our case here as we do not know the demand from them this year). With court papers prepared it went down 100% to the financial amount in dispute. In the case here, now that numbers have been confirmed that equates to £ 129.1m + VAT over the two quarters.
In both cases I was involved with neither party was satisfied but they agreed to meet in the middle to close the matter and avoid the court stage which would likely result in the same conclusion OR could have gone against one party or the other. In this situation the mid point is £ 64.55m which would be the write off, if this went the same was as the two cases I was involved in.
In the event of a mid way settlement, the business and its share price would materially benefit.
GLA
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