Lawyers for Liverpool FC’s ousted American owners today said they were still intent on “gathering information” ahead of a potential multi-million pound lawsuit.
But Tom Hicks and George Gillett have refused to put a deadline or timescale on their threatened claim for a massive $1.6bn damages.
Today lead litigator Tom Melsheimer told the ECHO the departed Americans were “exploring all avenues to seek relief”.
Their case, it appears, will now be heard before an English court – although some proceedings may still take place in the US.
At present, Mr. Melsheimer said, no date has been listed.
In an interview with the ECHO the lawyer reaffirmed the view the Reds’ sale to New England Sports Venures was a “swindle”.
And he claimed last Friday’s deal undervalued Liverpool FC by hundreds of millions of dollars.
But Mr. Melsheimer was unable to detail:
The particulars of the last-gasp Mill Financial offer, broached by Hicks, specifically if that takeover was designed to give the Texan some retention of control at Anfield along with his 50% stake.
Why the other bidders, put forward by Hicks and Gillett and supposedly offering higher valuation for the Reds, only emerged at the 11th hour.
If those claimed bidders still intended to leave huge debts on Liverpool, extending the club’s crippling leveraged status.
The make-up of the alleged “better offers” or provide a comprehensive explanation of how they would have left Liverpool financially.
Hicks’s team suggested the reason for the late spate of supposed offers to buy Liverpool, a claim made by the co-owners legal team, was due to previous approaches crumbling because of a lack of proven funds.
Mr. Melsheimer said: “Selling a team like this is a complicated business.
“Initially they show interest but they can’t bring the finance.”
He also confirmed the battle for damages was “very much a joint action” despite suggestions Gillett’s influence as a co-owner was arguably eradicated after he defaulted on a £75m loan to Mill Financial in August.
The Canadian has been conspicuous by his low profile in recent weeks.
Although he was said to be in London last week discussing his position during the quickfire moves leading up to Friday’s NESV sale.
The $1.6bn figure claimed for damages, Hicks’ legal spokesman added, represented their valuation of “potential of loss of opportunity and loss of profits”.
Mr. Melsheimer said: “We don’t have interest doing anything to unwind the sale of the team and we wish it the very best and its fans.
“But the way things have been handled for the last month, we believe, was a conspiracy to violate our rights.
“We are looking at what are next options might be. We’re not saying anything definitive, but we are gathering information in Liverpool and elsewhere.
“We acknowledge people were unhappy about the ownership and we understand all that.
“But none of that is justification for what happened here.
“We think the fans of the club were hurt as the best price for the club was not obtained.
“We had other buyers who we believed were interested.”
Mr. Melsheimer was questioned on the wisdom of any action for damages bearing in mind High Court judge Mr. Justice Floyd’s central argument last week that the sale was approved by a five-strong legally-constituted board and appeared to be the crucial legal tenant of the dispute.
He replied: “Now the sale has taken place, there’s much less emotion and time pressure.
“The full facts about how our rights were violated will emerge.
“Once the dust has settled we will figure out how we were violated in terms of English law.
“We respect the English judicial system, one of the best in the world.
“All that said we are seeking avenues for relief.”
Mr. Melsheimer added: “The events of the last few weeks have been emotional. We duly pursued all real prospects to buy the team and we had better prospects that eventually consumated.
“These were not just phone calls in the last three days, but the last six months. I understand people saying ‘Where were they?’
“But it can’t be that owners don’t get to control who their team is sold to.”
Mr. Melsheimer was reminded that chairman Martin Broughton was introduced in April to lead the sale process, after long periods of unsuccessful touting of Liverpool by Hicks and Gillett to investors around the world.
He said: “Tom and George were selling the team, there was no plan to do anything under the table.
“We thought we were on the same page as the directors.
“We understand the animosity people have, but that cannot be a justification for these two gentlemen to see their interests reduce to zero.”
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