Former Liverpool co-owner Tom Hicks has been given fresh hope of launching a legal bid for damages over the sale of the club.
Hicks had applied to London’s High Court to have orders barring him from suing the Royal Bank of Scotland (RBS) in his native United States lifted.
The judge dismissed that application, but varied the anti-suit orders to allow Hicks to make applications in the US in support of any proceedings in the United Kingdom providing he gives seven days notice to the parties he is suing.
Hicks claims Liverpool was sold against his wishes to New England Sports Ventures (NESV) for 300 million pounds in October, a deal he later described as an ‘epic swindle’.
Hicks, along with former co-owner George Gillett, pledged to get damages of at least US 1.6 billion dollars after privately valuing the club at over 800 million pounds; a figure that former chairman Sir Martin Broughton and the Liverpool board viewed as unrealistic.
NESV bought the club after repaying a 237-million-pound loan Hicks and Gillett had taken out with RBS, one they were reportedly unable to meet as the repayment date approached, prompting the board to accept NESV’s bid despite Hicks and Gillett’s protestations.
Of his decision not to scrap anti-suit orders against Hicks, Mr Justice Floyd noted: “The reality of the situation is that the former owners have already started two sets of proceedings and openly asserted their intention to start more.”
“They will undoubtedly start more proceedings if allowed to do so. There is a real threat that those proceedings will be in the United States.”
However, in a complicated ruling, the judge also dismissed a bid to have claims by Broughton struck out or stayed.
The judge also granted NESV the right to join Broughton in any legal action, meaning the new Liverpool owners, Broughton and RBS could collectively sue Hicks.
Liverpool expressed satisfaction with Thursday’s hearing in a statement released on the club’s website.
“We are delighted that Mr Justice Floyd has granted the applications requested by 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 (European Union) has been upheld and clarified,” the statement read.
“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.”
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