Liverpool FC Forum

Ciggy wrote:The bit in bold is worrying indeed.

Liverpool appoint lawyers in Dallas to overturn injunction


The Mirror understands Liverpool have already appointed lawyers in Dallas this morning to file a counter claim in the Dallas court as soon as business begins there, moving to have the restraining order removed.

Their case will revolve around jurisdiction. Legal experts are lining up to suggest that the case Hicks filed yesterday is flimsy, and the question of the jurisdiction of the Texas court over proceedings that have already been considered by the High Court in London is key to dismissing it.

They will make a strong legal argument that the case should not be heard in Texas or anywhere else in the US.

They will also present evidence that Hicks and Gillett have offered written undertakings in contracts signed with the RBS that ensures the ‘legal forum’ of any dispute will be held in the English courts. That effectively means they can not sue in the US.

The judge who granted the TRO has already expressed his unease with jurisdiction over the case, and after reviewing documents, he made clear that the claims made by Hicks were not backed by any substantial evidence.

This suggests Judge Jim Jordan, who will be the first to consider Liverpool’s move to strike the TRO, could well reverse his decision as soon as the case is heard. If not, then it will be moved to a higher United States State Court, which would be expected to respect the decision of the High Court.

Yesterday, Broughton and RBS won a ruling in the High Court allowing them to proceed with the sale, and Hicks was warned that it would be “inappropriate” to appeal.

If, as seems likely, the TRO is lifted this afternoon when the Texas District Court sits, then Broughton will act quickly to see the sale through to New England Sports Ventures, the owners of the Boston Red Sox.

The main shareholder of NESV, John W Henry, has confirmed this morning that he will not walk away from the deal, despite these desperate delaying tactics from Hicks.

He is ready to wait for the TRO to be lifted, even if the process takes longer than expected, and the RBS have indicated they too are ready to wait, to ensure that the £300million sale goes through.

Sources close to the club suggest that the sale should still be completed by this evening, but even if there are yet more delays by the increasingly desperate Hicks, the sale will go through.

There is a fear though, that the Texan has something else up his sleeve. He has been in talks with Dwight Schar, the owner of Mill Financial who now have a stake in Liverpool after Gillett had defaulted on loans to them.

The worry is that Hicks will borrow money from Mill Financial to repay the more than £200million loans to RBS that are due to be repaid on Friday. If the bank recalls those loans then Hicks, with help from Schar – the co-owner of Washington Redskins - can repay them and reclaim jurisdiction over the club.

The Mirror understands though, that RBS will wait before calling in the loans, to give time for the TRO to be lifted in the Texan court, allowing the sale to NESV to be ushered through.



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worcester_red wrote:Surely no one will give Hicks £200 million, talk about throwing good money after a remtard!! 

So basically the TRO has zero jurisdiction and is just a cheap scare tactic against RBS and NESV. If I was RBS, which I guess technically we all are, then I would say to Texas. If they want to be so petty then screw them and do business with the other American states. In reality I can't imagine Texas would take Hicks side over doing business with RBS anyway.

worcester_red wrote:Surely no one will give Hicks £200 million, talk about throwing good money after a remtard!! 

So basically the TRO has zero jurisdiction and is just a cheap scare tactic against RBS and NESV. If I was RBS, which I guess technically we all are, then I would say to Texas. If they want to be so petty then screw them and do business with the other American states. In reality I can't imagine Texas would take Hicks side over doing business with RBS anyway.

look i dont wish to any american fans off but..........americans always feel they are better than the rest of us, so right now hicks dont give a what happend in the high court as an american court is on his side and he thinks thats better, there are american banks that will still give him the money BOA HAVE ALWAYS SAID THEY WOULD GIVE HIM A LOAN WHEN HE WAS WITH THEM.

worcester_red wrote:Surely no one will give Hicks £200 million, talk about throwing good money after a remtard!! 

If Hicks some how manages to retain control after all this then I seriously worry for his life. That is not a threat but he will have so many people furious with him who may see it as the only way to get rid of him.

worcester_red wrote:Surely no one will give Hicks £200 million, talk about throwing good money after a remtard!! 

Ciggy wrote:

worcester_red wrote:Surely no one will give Hicks £200 million, talk about throwing good money after a remtard!! 

If Hicks some how manages to retain control after all this then I seriously worry for his life. That is not a threat but he will have so many people furious with him who may see it as the only way to get rid of him.

Mill can buy Hicks share they own half the club already, they could then pay RBS the 200 million tommorrow then pile all the debt back onto the club, with Hicks remaining in charge.

If this happens there will be riots all over the shop this would be the absolute worst thing to happen.

All RBS want is their money back by tommorrow.