• You may have to login or register before you can post and view our exclusive members only forums.
    To start viewing messages, select the forum that you want to visit from the selection below.

Hicks and Gillett win right to sue...but only in the UK

Status
Not open for further replies.

Sunny

6CM Addict
Honorary Member
http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2011/02/17/liverpool-fc-delighted-high-court-ruled-in-their-favour-preventing-hicks-and-gillett-suing-in-usa-100252-28187898/

LIVERPOOL FC today told the ECHO they are delighted the High Court had ruled in their favour, preventing Hicks and Gillett from suing in America.

The High Court refused Tom Hicks and George Gillett’s request to dismiss an anti-suit injunction which stops them suing outside the UK or European Union.

Any claim for damages will, as it stands, still have to be carried out through the British courts system.

But Mr Justice Floyd, in a ruling highly critical of the pair, varied the anti-suit injunction to allow Hicks and Gillett to make applications in the US in support of any proceedings in this country if they give seven days notice to the parties they are suing.

The "anti-suit" injunction was taken out when Hicks launched a $1.6bn lawsuit in Dallas trying to halt the £300m sale of the club last October claiming he was the subject of an "epic swindle".


The pair wanted to be able to sue in the USA because they were seeking "exemplary damages".

They have never accepted the sale which saw them lose £140m


With comprehensive judgements in their favour during the stormy ownership battle since October, Liverpool remain confident they are on a solid legal footing.

A statement for the club said: "Last week a further hearing took place as part of the ongoing litigation following the successful sale of the Club in October 2010 to NESV (now Fenway Sports Group).

"We are delighted that Mr Justice Floyd has granted the applications requested by [former chairman] Sir Martin Broughton, RBS and NESV and that the anti-suit injunction prohibiting the former owners from commencing legal actions against these parties outside the EU has been upheld and clarified.

"Sir Martin, RBS and NESV continue to maintain that there is no basis to challenge the propriety or validity of any actions by them or any of those involved on their behalf in the sale of the club.

"They will continue to take all steps necessary to defend vigorously any litigation threatened or commenced by the club’s former owners."


Sir Martin, RBS, and NESV have won the right to have a court case seeking a declaration they acted honourably and to claim for damages against Hicks and Gillett.



Read More http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2011/02/17/liverpool-fc-delighted-high-court-ruled-in-their-favour-preventing-hicks-and-gillett-suing-in-usa-100252-28187898/2/#ixzz1EDobjBtj
 
Hicks to file for damages

Ex-Liverpool Owner Wins Right To Seek Damages Share Comments (10)

Liverpool FC's former co-owner, Texan Tom Hicks, has won the right to start pursuing massive damages claims over the sale of the club.

US businessman Tom Hicks, together with George Gillett, bought Liverpool in 2007



Mr Hicks believes he was the victim of an "epic swindle" when Liverpool was sold against his wishes to New England Sports Ventures (NESV) for £300m.

He and his former partner George Gillett have been seeking to make a claim against their creditor RBS following the takeover.

The sale went ahead in October after a High Court judge ruled that Tom Hicks could not take action in the Texas courts to halt the deal.

Mr Hicks applied to the same judge last week to lift the anti-suit orders.

That application was dismissed, but Mr Justice Floyd changed the injunction to allow Mr Hicks to make applications in the US in support of any UK action if he gives seven days notice to the parties he is suing.

Sports lawyer Richard Cramer said the start of any legal action by Mr Hicks was not likely to cause any day-to-day disruption to the running of the club.

"Liverpool have been striving for stability on and off the field, and now for the first time in a long time they have stability off the field," he told Sky News.

"What it will do is mean the dirty linen that hovered over the club during the Hicks and Gillett era will now be aired and the true extent of the turmoil will be revealed."



Liverpool was laoded with debt following the takeover by Mr Hicks and Mr Gillett



In his ruling, Mr Justice Floyd said the sale of Liverpool came about because of Mr Hicks and Mr Gillett's indebtedness.

As the repayment date for the loan approached, then chairman Sir Martin Broughton arranged a board meeting to consider two offers, both of which were opposed by the former owners, and went on to accept the offer from NESV.

The judge said the former owners then sought a temporary restraining order in Texas "expressly aimed at stopping the sale".

It was then that he said he allowed an injunction to prevent litigation in the US "on the basis of what appeared to me to be the unconscionable conduct of the former owners in seeking to undermine the English proceedings".

Buyers NESV are headed by sports tycoon John W Henry, who is credited with turning around the performance of baseball team the Boston Red Sox.
 
Re: Hicks to file for damages

reading some other report broughton is seeking damages from hicks and gillette and John Henry has sought to join broughton seeking of damages in some way or other!

Sounds like some serious litigation is a foot
 
I'm sure (a) his lawyers are top-notch and (b) think the same as you, or he wouldn't have done this.

BTW it's Sir Martin. We wouldn't ever say "Sir [+ surname]".
 
Status
Not open for further replies.
Back
Top Bottom