So where do we stand after this afternoon's events before Judge Pearce? Confused?
Yesterday (Tusday) he refused an application from Lex Dominus (Elliott) for an injunction prohibiting Panorama Magic from selling the club. His justification for this was on the grounds of the balance of convenience - i.e he reasoned that there was greater danger to the club's existence by granting the injunction than there was to Lex Dominus's interests by not granting one. His reasoning will have been influenced by the fact that court time wouldn't be available until late November at the earliest by which time CAFC might have been expelled from the EFL. If court time had been available next week he might have granted the injunction.
Lex Dominus today appealed to him to overturn his decision of yesterday which, not surprisingly, he declined to do. This is because they failed to persuade him that his decision yesterday was "irrational, unreasonable or wrong".
They therefore announced that they would take their case to the Court of Appeal and asked him for a seven day injunction while they applied to the Court of Appeal for permission to appeal. He agreed to this and granted an injunction until 4pm on Wednesday September 9th. So, as it stands, the club can't be sold before next Wednesday.
So what happens now?
Lex Dominus have to lodge their grounds for appeal explaining why they should be granted permission to appeal. Permission will only be granted if the Court of Appeal thinks their appeal has a realistic chance of success, or there is some other good reason that an appeal should be heard. This is usually determined by the Court of Appeal on paper, but it can order a hearing. Panorama Magic will have the opportunity to contest this if a hearing is listed.
If Lex Dominus are granted leave to appeal they are likely to want to then apply for the injunction to be extended while the appeal is heard because otherwise the club could be sold before the appeal is heard.
This is a totally separate decision which might be decided by the Court of Appeal or they might refer it back to Judge Pearce. The balance of convenience would then come into play again. If a further two weeks’ (for example) delay was reckoned to threaten the club's existence then an extension would be unlikely to be granted.
CAST would be surprised if the Court of Appeal granted permission to appeal, let alone granted any eventual appeal. To do so it would have to take the view that Judge Pearce was "irrational, unreasonable or wrong" in refusing the injunction yesterday. However, as Charlton fans we know nothing is 100% certain in football or - it would seem - law.
In the meantime, Lex Dominus’s original application for an interim injunction remains refused, and Panorama has been awarded its costs, to be paid by Lex Dominus, such payment to be stayed pending resolution of its application for permission to appeal.