Soccer:The Texan judge whose temporary restraining order delayed the sale of Liverpool FC on Wednesday has said he will review the decision on Friday after the British High Court dismissed the injunction. A 90-minute hearing that took place today at the 160th Civil District Court in Dallas after the High Court's ruling will reconvene at 1pm (Irish time) .
Earlier this afternoon, Justice Floyd of the High Court looked to have moved the sale of the club to New England Sports Ventures (NESV) a step closer when he effectively ordered co-owners Tom Hicks and George Gillett to withdraw the restraining order by 4pm tomorrow.
It was the second High Court victory in 24 hours for the club’s independent directors - chairman Martin Broughton, managing director Christian Purslow and commercial director Ian Ayre – who were yesterday given the go-ahead by Justice Floyd to complete a €341 million deal with New England Sports Ventures (NESV).
"The independent directors of Liverpool Football Club are delighted with the verdict of Mr Justice Floyd in the High Court this afternoon (Thursday) which now requires Mr Hicks and Mr Gillett to withdraw their Texas restraining order by 4pm tomorrow," a statement on their behalf said. "We are glad to have taken another important step towards completing the sale process."
Last night’s hastily-convened board meeting to complete John W Henry’s purchase of the club came after the initial High Court order reinstating Purlsow and Ayres to the Liverpool board, but was scuppered when Hicks informed the England-based directors of a temporary restraining order on the process.
However, Justice Floyd said today the case “has nothing to do with Texas” and described the involvement of the Dallas court in the process as “unconscionable conduct” on behalf of Hicks and Gillett.
He added his mandatory orders were aimed at the owners, not the Texas court, to stop them taking further action there and to nullify any orders obtained in Dallas.
Broughton has this evening told Sky Sports Newshe believes the deal will go through tomorrow and hopes the new owner will attend the Merseyside derby between Liverpool and Everton at Goodison Park on Sunday.
Chairman Martin Broughton and managing director Christian Purslow both said tonight the saga was edging towards a conclusion.
“We’re nearly there. We’ve still got to take away the restraining order,” said Broughton. “Mr Henry is very committed. My guess is we’ll have it done and he’ll be there (Goodison) - but we’ve got to get rid of this order first.”
Purslow was also optimistic the restraining order would be lifted.
“I hope so, I hope so. Good day in court today,” he said.
Legal representatives for Kop Holdings Ltd (Hicks and Gillett) and NESV were both present at the Texan Court today. If Judge Jim Jordan rescinds his order tomorrow it would clear the way for €341 million purchase of the club and repayment of €227 million acquisition debt, owed mainly to the Royal Bank of Scotland (RBS) in the late afternoon.
The 4pm deadline was imposed on the co-owners after David Chivers QC asked the judge for a speedy serving of his orders so the deal with NESV can be completed and money transferred from the US. He said NESV already already considered themselves the new owners of Liverpool.
He said if the deal was not completed tomorrow, then Hicks and Gillett had succeeded in stopping the sale of Liverpool before repayment of the debt to RBS became due.
Chivers described Hicks and Gillett as “the owners from beyond the grave who are seeking to exercise with their dead hand a continuing grip on this company. That is simply not acceptable.”
Mr Justice Floyd gave Hicks and Gillett until 4pm tomorrow to comply with his orders, making his decision today rather than tomorrow morning because there “is a degree of urgency to allow the club’s board to control its own affairs”.
Earlier, Liverpool's QC Lord Grabiner had said the actions brought in Dallas were "abusive, vexatious and oppressive".
He said claims made to the Texas court suggesting a conspiracy involving board members and RBS were a "grotesque parody of the truth".
Richard Snowden QC, for RBS, said there were no legal representatives for Hicks and Gillett in court even though they had been informed of the latest move.
"The proceedings in Texas are plainly inappropriate," Snowden told the court. "This dispute involves an English football club and three English companies and has no connection with Texas other than that Hicks and Gillett may reside there.
"It is a plain attempt to frustrate and impede the proceedings."
He said the American owners had made "scurrilous allegations" against RBS in the Texas court which had no basis in fact. Mr Snowden said granting anti-suit injunctions always ran the risk of an affront to a foreign court.
"But it is apparent the US judge himself was aware that what he was being asked to do might cause some ruffling of feathers in this jurisdiction."