Liverpool court case to expose finances
By Harry Harris, Football Correspondent
October 11, 2010
Comment
Email
Print
Liverpool's High Court showdown with Tom Hicks and George Gillett begins on Tuesday and the American duo might find it an uncomfortable ride with questions about how they ran their financial affairs.
PA Photos
Martin Broughton: Chairman says he expects to win court case against Hicks and Gillett
ESPNsoccernet can reveal that prospective new owners New England Sports Ventures (NESV) are unhappy about some issues following their financial inspection of the club's books.
The owners of Boston Red Sox are not directly involved in the litigation, which centres around the legality of the board to sell the club without the co-owners' consent, and are naturally guarded about precisely what cropped up in due diligence that raised eyebrows.
Royal Bank of Scotland, the club's major creditors after lending Hicks and Gillett the money to buy the club back in March 2007, have submitted an application to the court.
Proceedings for 'Royal Bank of Scotland PLC verses Hicks & others' will take place in Court 18 as one of a number of listings commencing at 10.30 BST. There is expected to be an army of Liverpool fans protesting outside.
The key courtroom issue is how the Liverpool board was constructed in agreements Hicks and Gillett were party to when the Americans were forced to seek a six-month extension with the RBS on their £237 million loan.
The deal with RBS incurred personal default payments of £60 million and included the reconstitution of the board, bringing in Martin Broughton as the independent chairman, with powers to sell the club.
As the issue of who has the necessary authority to agree a sale forms the crux of the legal argument, proof of the existence or not of those undertakings is likely to be pivotal. For that reason, it is RBS that has lodged the application and not the members of the board.
When Hicks and Gillett attempted their own refinancing deal in the summer - which would have mortgaged the players, stadium and training ground against the extra borrowing - Broughton's board vetoed it 3-2, and lawyers Slaughter and May ratified their power to do so.
The club plans to announce record turnover of £200 million for this year as Liverpool are a highly profitable concern, once they have rid themselves of the burden of the debt incurred by Hicks and Gillett's purchase with borrowed funds.
The new owners will save £24 million when Liverpool oust Hicks and Gillett as they will not need to continue servicing the debt repayments.