Dead and buried: judge crushes H&G to clear way for NESV
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Poignant
Dead and buried: High Court judge crushes Hicks and Gillett to clear way for Red Sox takeover
Liverpool's discredited owners Tom Hicks and George Gillett were on the receiving end of a crushing and humiliating condemnation in the High Court on Thursday as a buy-out by John W Henry edged closer.
Attempts by Hicks and Gillett to use a Texas court to block the sale of Liverpool to the Boston Red Sox owner were witheringly dismissed by Mr Justice Floyd.
The club should now be sold to Henry’s New England Sports Ventures for £300million either on Friday or after the weekend, depending on when Hicks and Gillett respond to Thursday’s judgement. On Thursday night they were accused of clinging to power on Merseyside by any means possible.
Second date: Liverpool returned to the High Court on Thursday as the takeover rumbles on
David Chivers QC, acting for NESV , said: 'We are the owners now. The (old) owners are, from beyond the grave, seeking to exercise with their dead hand a continuing grip on this company. That is simply not acceptable.’
Victory for now: Lord Grabiner QC (left) won an injunction for RBS
Details of Judge Floyd’s decision effectively to dismiss a restraining order imposed on the takeover by a Dallas court on Wednesday were emailed to Hicks and Gillett’s lawyers on Thursday night.
They have until 4pm Friday to agree and back down. If they do not, they will be held in contempt of court and arrested if they enter the country. If the duo leave it until close to the deadline, however, the takeover will not go through until after the weekend.
The latest NESV feel they could transfer the money pledged to secure the deal is 3pm. On Thursday night, Liverpool sources suggested the case could be resolved by 2pm, even though that would require a breakfast court sitting in Texas.
Asked if the takeover could yet take place on Friday, Liverpool chairman Martin Broughton said: ‘I hope so.’
Hicks and Gillett were not represented during a four-hour hearing that saw them vilified from all sides.
Central to the case was a suggestion that, in applying to the court in Texas, the Americans failed properly to disclose that they had already had a similar case thrown out in London the day before.
Who's laughing now? George Gillett and Tom Hicks finally appear to be losing their grip on Liverpool
High hopes: John Henry left his lawyer's office late on Thursday
Counsel for Liverpool, NESV and creditors RBS also ridiculed suggestions that members of the club’s board had connections to the Lone Star State.
‘They concealed this from the Texas judge because they were determined to get a second bite of the cherry,’ said Lord Grabiner QC, acting for Liverpool. ‘It is all poppycock.’
On Thursday night, legal opinion seemed to side with Liverpool. Thomas Kruse, head of complex commercial litigation at the Houston, Texas, offices of USA -wide law firm Baker Hostetler, said: ‘A ruling from the High Court is one that the judge here would respect.’
The deadline to repay £237m owed by Liverpool to RBS passes on Friday but the bank are not expected to call the debt in and place the club in administration.
Meanwhile, NES V chief John Henry may be at Goodison Park for Sunday’s derby against Everton.
Fernando Torres will be fit after recovering from a groin injury. Manager Roy Hodgson said: ‘Fernando has made a good recovery, as has Paul Konchesky.’
Hodgson was frustrated by Daniel Agger’s latest injury, for Denmark against Cyprus. The centre-back will miss the derby and Hodgson said: ‘Agger made a miraculous recovery to play for Denmark, where he got injured again. I don’t know what the state of play is for him yet.’
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ASKL!
Long time no see bro ;)
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TTFU
Deal already settle liao. hope they can start afresh and catch up
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ASKL!
It really pleases me to see H&G losing money.