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.’