I don’t know, is it his job? They deal with facts and previous case law. Whether the judge likes football or their arthritis is playing up on the day won’t come into it. If there is some issue that Hilton doesn’t like I think the judge will say “don’t buy it then”.
The hearing will be to establish, in the absence of a commercial leasehold tenancy agreement issued by the freeholder and/or the permission of the freeholder to occupy the same, whether or not Scunthorpe United Football Club Ltd and Hilton have any legal right to remain there. That’s it.
Hilton agreed to purchase the freehold subject to conveyancing. If conveyancing has thrown up issues which Hilton is unhappy with, this doesn’t automatically mean that Swann has to rectify those issues or indeed issue the club/Hilton with a leasehold agreement to satisfy their immediate requirements.