Hicks Loses Court Appeal but Allowed to Pursue Case

Liverpool’s former co-owner with George Gillett, Tom Hicks has suffered a setback in his battle to claim financial damages over the sale of the English soccer club after a High Court judge ruled that he must bring any claims he has in the UK rather than his home country, the United States.

It wasannounced in October that New England Sports Ventures (NESV), now the Fenway Sports Group – had bought Liverpool for US$486.5m against the wishes of the controversial co-owners, in what Hicks claimed at the time was an “epic swindle”. He wanted Mr Justice Floyd to lift anti-suit orders that prevented him from pursuing action in the Texas courts to halt the deal.

However, the judge dismissed the application, although he did alter the injunction to allow Hicks to make applications in the US in support of any proceedings in the UK.

A statement released by Liverpool read: “We are delighted that Mr Justice Floyd has granted the applications requested by Sir Martin Broughton, RBS (Royal Bank of Scotland) and NESV and that the anti-suit injunction prohibiting the former owners from commencing legal actions against these parties outside the EU has been upheld and clarified.

“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,” the statement added.

Mr Justice Floyd also dismissed an application to strike out or stay claims by Broughton seeking damages against Hicks for his actions during his time as co-owner.