Florence1898
New Member
Clearly it may not be a coincidence that Mr Thorn the CT Editor or do we assume Mr Reid is now the Editor, that in recent weeks the very paper representing the people of Coventry has so vividly joined the ranks of SISU. What's more alarming is the CT's Politically Journalist seems incapable of piecing together the facts presented in public, and Reid now seems to have become the papers Sports Journalist.
The Facts as per public documents
1/ On 21 March 2013 Arvo appointed David Rubin & Co & Stephenson Harwood as Joint Administrators in the Administration of Coventry City Football Club Limited 03056875
2/ According to the papers leaked by Mr Ainsworth earlier this week, on 22 March 2013 Speechly Bircham the Lawyers instructed on behalf of Sky Blue Sports & Leisure Limited, wrote to the Football League stating," whilst it is unfortunate that the legal relationship between the League and Coventry City Football Club Holdings Limited (0094305) (CHH) and Coventry City Football Club Limited (03056875) (CCFC) is so poorly documented an examination of the dealings between the parties quickly clarifies the truth".
3/ The Speechly Bircham letter went on to state, that the, "Football League have advised that in 1995 CHH informed the League that it intended to transfer/sell a significant portion of its assets to CCFC and that pursuant to that notification CCFC was registered as the owner of the League share". However the following paragraph explicitly states," Whatever the intention, there is no documentation which our client can find after a diligent search that records any legal transfer of assets, contracts or other obligations in 1995 or indeed at any other time between CCH and CCFC. We cannot at present throw any light on what was intended or why the transfer was recorded as it was in the list of members in October 1995".
4/ The letter goes on to state," Whatever the intention, nothing actually changed and CHH and the League continued to do business with one another as they had always done. We conclude that whilst some form of re-organisation was or may have been anticipated, it whatever it was) was not completed and the contractual rights between CCH and the League remained unaltered". The leaked documents clearly prove otherwise, although probably too complex for a Political Journalist.
5/ On 25 May 2013 after weeks of investigation into the ownership of the FL share, Paul Appleton released the following statement," Since my appointment as Joint Administrator of Coventry City FC Limited, there has been a huge amount of interest surrounding the ownership of the Football League’s ‘Golden Share’. Following information I have received from various stakeholders, I now believe the registration of the Golden Share lies with Limited". - Again clearly contradicting the comments made by the Club and their Lawyers.
6/ On 28 June 2013 Paul Appleton of David Rubin & Co released the following statement," I can confirm that the asset sale by Coventry City FC Limited to Otium Entertainment Group Limited has been completed … I stress that I have only been able to sell such right and title to these as Limited possesses, because CCFC Holdings Ltd asserts beneficial ownership over them". - Clearly again untrue given the contents of the documents released by Mr Ainsworth, ironically Mr Appleton the man who could have repatriated both Club and Ground given the evidence contained in the asset sale document of 31 May 1995, had missed another opportunity due to the depth of his investigation, although he was appointed by Arvo.
7/ Coventry City Football Club (Holdings) Accounts for year ending 31 May 1996 signed off the Bryan Richardson state in the Business Review Commentary," In order to provide a more orderly structure to the business, on 1 June 1995 the company transferred all of its playing activities of the football club, including assets, management executives, players and certain other employees to its wholly owned subsidiary, Coventry City Football Club Limited".
8/ The Board minutes of March 2008 leaked in late summer and confirmed at the time by two ex Directors Joe Elliot and Gary Hoffman as correct, confirmed that the Joint Board Minutes of Coventry City Football Club (Holdings) and Coventry City Football Club (Limited), attended by Directors of both Companies and SISU Management, explicitly recorded Limited (03056875) as responsible for:
Football operations both on and off the field
Shareholder relationships with the FA/FL (usually the Chairman or Secretary of the Club)
Relationship with the FA/FL etc
Current Land use issues: Ryton, Ricoh
Football media management
Holding of "golden share"
Employment of all football staff (players, football management)
Player wages
Fan issues
Community liaison (e.g. CIP,JSB etc)
Transfer activities
Player registrations
Advice on commercial activities of the Club: sponsorship, ticket pricing, stadium zones, hospitality packages, access policies, Daily cash management of commercial operations of the business
9/ Ironically on 21 March 2013, Coventry City Football Club (Holdings) Limited released the following statement," It is important to stress that the football club itself is not under threat. This is merely a property subsidiary which owns no material assets and has no employees, on or off the pitch"
10/ On 16 August 2013 the Coventry Telegraph released, "Under repeated questioning from the Telegraph, the League has confirmed publicly for the first time that it made an “administrative oversight” in registering Sky Blues players to Coventry City Football Club (Holdings) Ltd. The League admitted the players’ contracts ought to have been registered with another company - Coventry City Football Club Limited - because it held the League’s “golden share” which allowed it to play in the league as the club. We can also reveal the League is writing to sports minister Hugh Robertson to admit the errors. It says the mistakes in allowing players to reside in CCFC Holdings were also made by the FA.
11/ The documentation released by Mr Ainsworth relating to the Transfer/Sale from Coventry City Football Club (Holdings) (094305) to Coventry City Football Club (Limited) (03056875), of playing activities of the Club, in particular the Sale Agreement dated 31 May 1995, explicitly provides evidence that rejects the claims made by the Solicitors representing Sky Blue Sports and Leisure and those repeated claims made by the Directors of Holdings, that the assets were not sold or transferred to "the Company" in Administration now liquidation, namely Coventry City Football Club Limited.
12/ Do we know whether Mr Appleton was or is in receipt of the Sale Agreement of 1995, and if he is why did he ignore the 1995 asset sale, as clearly the evidence questions the Administration process and asks why the Administrator Paul Appleton rushed his investigation and subsequent sale resulting in a missed opportunity to reunite the Football Club with the Football Stadium in Coventry.
13/ There are two very poignant clauses from the Sale Agreement which are worth review, for example the Agreement relating to transfer of Assets dated 31 May 1995, more especially clause 2.1, which states:
2.1 Agreement for Sale
The Transferor (0094305 Holdings) hereby sells or transfers as beneficial owner and the Transferee (03056875Limited), purchases or acquires as a going concern, with effect from the start date of the business on Effective Date, the Business including all of the Transferor's rights, title and interests in and to the following:-
(a) the Assets and all engagements, contracts and obligations relating to the Assets
(b) the Business including the exclusive right to operate the Business as from the Effective Date
(c) the Goodwill, defined as the Business together with the exclusive right of the Transferee (Holdings) to represent itself as carrying on the Business in succession to the Transferor and to carry on the Business under the name of "The Coventry City Football Club" or any variants or derivatives thereof.
(d) the Employees, being the Management Executives referred to in part 1 of Schedule1, the Players referred to in Part 2 of Schedule 1 and the other employees referred to in part 3 of Schedule 1, including the right to the player registrations and registrations and player contracts of the Players registered with the Premier League and the Football Association;
(e) the right in succession to the Transferor to become a member of the Football Association and the Premier League;
(f) the right to receive the Gate Money, the Club Sponsorship Money, the Broadcasting Money, the Sponsorship Money all transfer fees in respect of the Players and all other Television and Radio fees receivable by the Club in each case by reference to the period starting on the Effective Date;
Well Mr Reid and Thorne just a flavour of the art of the possible if you put your mind to it. I am sure the people of Coventry who buy your Newspaper look forward to the day, when you can afford the time to review the evidence in front of you, then report the facts, or if fiction is your preference, then your probably in good company!!
The Facts as per public documents
1/ On 21 March 2013 Arvo appointed David Rubin & Co & Stephenson Harwood as Joint Administrators in the Administration of Coventry City Football Club Limited 03056875
2/ According to the papers leaked by Mr Ainsworth earlier this week, on 22 March 2013 Speechly Bircham the Lawyers instructed on behalf of Sky Blue Sports & Leisure Limited, wrote to the Football League stating," whilst it is unfortunate that the legal relationship between the League and Coventry City Football Club Holdings Limited (0094305) (CHH) and Coventry City Football Club Limited (03056875) (CCFC) is so poorly documented an examination of the dealings between the parties quickly clarifies the truth".
3/ The Speechly Bircham letter went on to state, that the, "Football League have advised that in 1995 CHH informed the League that it intended to transfer/sell a significant portion of its assets to CCFC and that pursuant to that notification CCFC was registered as the owner of the League share". However the following paragraph explicitly states," Whatever the intention, there is no documentation which our client can find after a diligent search that records any legal transfer of assets, contracts or other obligations in 1995 or indeed at any other time between CCH and CCFC. We cannot at present throw any light on what was intended or why the transfer was recorded as it was in the list of members in October 1995".
4/ The letter goes on to state," Whatever the intention, nothing actually changed and CHH and the League continued to do business with one another as they had always done. We conclude that whilst some form of re-organisation was or may have been anticipated, it whatever it was) was not completed and the contractual rights between CCH and the League remained unaltered". The leaked documents clearly prove otherwise, although probably too complex for a Political Journalist.
5/ On 25 May 2013 after weeks of investigation into the ownership of the FL share, Paul Appleton released the following statement," Since my appointment as Joint Administrator of Coventry City FC Limited, there has been a huge amount of interest surrounding the ownership of the Football League’s ‘Golden Share’. Following information I have received from various stakeholders, I now believe the registration of the Golden Share lies with Limited". - Again clearly contradicting the comments made by the Club and their Lawyers.
6/ On 28 June 2013 Paul Appleton of David Rubin & Co released the following statement," I can confirm that the asset sale by Coventry City FC Limited to Otium Entertainment Group Limited has been completed … I stress that I have only been able to sell such right and title to these as Limited possesses, because CCFC Holdings Ltd asserts beneficial ownership over them". - Clearly again untrue given the contents of the documents released by Mr Ainsworth, ironically Mr Appleton the man who could have repatriated both Club and Ground given the evidence contained in the asset sale document of 31 May 1995, had missed another opportunity due to the depth of his investigation, although he was appointed by Arvo.
7/ Coventry City Football Club (Holdings) Accounts for year ending 31 May 1996 signed off the Bryan Richardson state in the Business Review Commentary," In order to provide a more orderly structure to the business, on 1 June 1995 the company transferred all of its playing activities of the football club, including assets, management executives, players and certain other employees to its wholly owned subsidiary, Coventry City Football Club Limited".
8/ The Board minutes of March 2008 leaked in late summer and confirmed at the time by two ex Directors Joe Elliot and Gary Hoffman as correct, confirmed that the Joint Board Minutes of Coventry City Football Club (Holdings) and Coventry City Football Club (Limited), attended by Directors of both Companies and SISU Management, explicitly recorded Limited (03056875) as responsible for:
Football operations both on and off the field
Shareholder relationships with the FA/FL (usually the Chairman or Secretary of the Club)
Relationship with the FA/FL etc
Current Land use issues: Ryton, Ricoh
Football media management
Holding of "golden share"
Employment of all football staff (players, football management)
Player wages
Fan issues
Community liaison (e.g. CIP,JSB etc)
Transfer activities
Player registrations
Advice on commercial activities of the Club: sponsorship, ticket pricing, stadium zones, hospitality packages, access policies, Daily cash management of commercial operations of the business
9/ Ironically on 21 March 2013, Coventry City Football Club (Holdings) Limited released the following statement," It is important to stress that the football club itself is not under threat. This is merely a property subsidiary which owns no material assets and has no employees, on or off the pitch"
10/ On 16 August 2013 the Coventry Telegraph released, "Under repeated questioning from the Telegraph, the League has confirmed publicly for the first time that it made an “administrative oversight” in registering Sky Blues players to Coventry City Football Club (Holdings) Ltd. The League admitted the players’ contracts ought to have been registered with another company - Coventry City Football Club Limited - because it held the League’s “golden share” which allowed it to play in the league as the club. We can also reveal the League is writing to sports minister Hugh Robertson to admit the errors. It says the mistakes in allowing players to reside in CCFC Holdings were also made by the FA.
11/ The documentation released by Mr Ainsworth relating to the Transfer/Sale from Coventry City Football Club (Holdings) (094305) to Coventry City Football Club (Limited) (03056875), of playing activities of the Club, in particular the Sale Agreement dated 31 May 1995, explicitly provides evidence that rejects the claims made by the Solicitors representing Sky Blue Sports and Leisure and those repeated claims made by the Directors of Holdings, that the assets were not sold or transferred to "the Company" in Administration now liquidation, namely Coventry City Football Club Limited.
12/ Do we know whether Mr Appleton was or is in receipt of the Sale Agreement of 1995, and if he is why did he ignore the 1995 asset sale, as clearly the evidence questions the Administration process and asks why the Administrator Paul Appleton rushed his investigation and subsequent sale resulting in a missed opportunity to reunite the Football Club with the Football Stadium in Coventry.
13/ There are two very poignant clauses from the Sale Agreement which are worth review, for example the Agreement relating to transfer of Assets dated 31 May 1995, more especially clause 2.1, which states:
2.1 Agreement for Sale
The Transferor (0094305 Holdings) hereby sells or transfers as beneficial owner and the Transferee (03056875Limited), purchases or acquires as a going concern, with effect from the start date of the business on Effective Date, the Business including all of the Transferor's rights, title and interests in and to the following:-
(a) the Assets and all engagements, contracts and obligations relating to the Assets
(b) the Business including the exclusive right to operate the Business as from the Effective Date
(c) the Goodwill, defined as the Business together with the exclusive right of the Transferee (Holdings) to represent itself as carrying on the Business in succession to the Transferor and to carry on the Business under the name of "The Coventry City Football Club" or any variants or derivatives thereof.
(d) the Employees, being the Management Executives referred to in part 1 of Schedule1, the Players referred to in Part 2 of Schedule 1 and the other employees referred to in part 3 of Schedule 1, including the right to the player registrations and registrations and player contracts of the Players registered with the Premier League and the Football Association;
(e) the right in succession to the Transferor to become a member of the Football Association and the Premier League;
(f) the right to receive the Gate Money, the Club Sponsorship Money, the Broadcasting Money, the Sponsorship Money all transfer fees in respect of the Players and all other Television and Radio fees receivable by the Club in each case by reference to the period starting on the Effective Date;
Well Mr Reid and Thorne just a flavour of the art of the possible if you put your mind to it. I am sure the people of Coventry who buy your Newspaper look forward to the day, when you can afford the time to review the evidence in front of you, then report the facts, or if fiction is your preference, then your probably in good company!!
