Clapton FC chief executive Vince McBean’s attempt to take sole control of the Old Spotted Dog stadium lease was back before a judge in the Royal Courts of Justice today and there are some encouraging signs for fans who oppose to it.
The 20-minute hearing in court 10 of the Rolls Building was merely about how the case will progress. A timetable was agreed by all parties – Judge Sally Barber, Mr McBean’s solicitor, and the solicitor acting for some other members of the lease-holding charity, Newham Community Leisure Ltd, who say they do not approve of the liquidation.
However, in what could be a significant blow to Mr McBean, the liquidator ST Bennett & Co, who did not attend, is now believed to accept that the liquidation cannot be pushed through before the current court case is heard.
Until recently the liquidator is understood to have argued that a recent compulsory winding-up order – filed by struck-off solicitor Antoinette Olivia Taylor on behalf of Taylor Bridge Legal Services for an unspecified amount owed for legal services from 2008 – superseded the members’ voluntary liquidation process, so he should be allowed to disburse the assets and shut down the charity. There are significant reservations about the provenance of this debt which CFC News intends to investigate.
If you are confused by all this – so are we. However, basically it means the attempt to force through the liquidation through the back door, via a winding order from a third party, looks to have stalled. The current legal action will have to run its course.
Mr McBean hopes to liquidate the lease-holding charity and, it is understood, transfer its assets to a new company, Veercourt CIC, of which he is the only director. Other members of the charity are attempting to block this. Mr McBean disputes that the other charity members were ever members, despite him personally appointing some of them, and others preceding his own appointment. The judge declined to go into the rights and wrongs of those arguments, that will be for another day.
The next case management hearing is scheduled sometime in late August with a full trial perhaps as far away as 2019.
Incidentally, Mr McBean’s new company Veercourt CIC, is already in danger of being struck off, being two months overdue in filing a confirmation statement. This document is merely an annual statement of basic details, such as who a company’s shareholders are and how much capital the company owns. It is a criminal offence to not file this document every year. Mr McBean, believed to be the only director, now risks prosecution and Veercourt CIC being struck off.
In the meantime, campaigners have renewed their appeal for those who care about London’s oldest senior football ground to sign the Save the Old Spotted Dog petition, calling on Newham Council and the Charity Commission to act.