Monthly Archives: February 2014

Wilting Flowers Set to Succeed Only in Winding-Up Leeds Fans – by Rob Atkinson

Posted on 05/02/2014 | 30 comments

The battle for Leeds United

Probably the most significant recent development in the Leeds United Takeover Slapstick Farce is the winding up petition (WUP) served by Andrew Flowers, alleged fan of the club and disappointed member of the thwarted Sport Capital which failed to buy a controlling interest in United last month. Amid all of the speculation and rumours surrounding the moral probity of Massimo Cellino, it is interesting to examine the possible motivations of Flowers in the extremely drastic action he has taken.

This blog has come to the conclusion that Flowers is lashing out in a manner not dissimilar to a spoiled child’s tantrum. To run further with that analogy, the winding up petition is as much of an over-reaction as that of the wailing child who, denied the biggest share of the sweets, hurls a set of wooden blocks through the dining-room window. It’s an over-the-top reaction, the product of immature arrogance and spite. Somebody should perhaps shut Mr Flowers in his room with no toys, until he’s learned how to behave nicely.

A little research shows that it’s not unknown for a WUP to be issued as a tactical measure, designed to impede an unwelcome rival bid as it nears completion. The website “Company Rescue” states

“In the Leeds United case, it appears Flowers has issued the petition in order to settle the dispute over the bid, which can happen if creditors feel they are ignored.

This kind of action is likely to be dismissed by the Court, however , as a WUP should only be issued if the company is thought to be insolvent. As Flowers seems to be issuing one to settle a dispute, this could be deemed in the court as an abuse of process.”

Naturally, the courts tend to take a dim view of this sort of thing, as Leeds United in its current guise will be hoping happens in this case. Their statement last night referred to “abuse of process” and it has to be said that this will do absolutely nothing but harm to Mr Flowers’ reputation if it is shown to be the case. Another term for less-than-sincere legal action is “frivolous and vexatious”. Courts and judges just hate this sort of thing.

There is the effect on the fans (remember them?? Hang on, it’s US!) to be considered, too. Once the supporters cottoned on to the fact that the actions of Flowers pose a serious threat to the reputation or even continued existence of Leeds United – and that cottoning-on did not take long – then sympathy started to drain away from Mr Flowers and from Enterprise Insurance like pus from an open wound. The idea of being anywhere near the bottom of the league, and then incurring a ten point league penalty, is not a comfortable one for Leeds United fans, not comfortable at all. Minus fifteen is still a vivid memory and still a cause of bitter resentment. Ten points deducted right now would leave us a precarious 5 points clear of the relegation zone.

Neither will the fans appreciate the prospect of this ridiculous pantomime being dragged out for very much longer. And yet Flowers’ WUP is due to be considered by the High Court on March 17th – almost six weeks away. Six more weeks of anguish and uncertainty? No, thank you. Another factor evident today is the high incidence overnight of nocturnal emissions in many a South Yorkshire hovel, as desperate fans of smaller clubs dreamed moistly of the possible disappearance of Leeds United from the football landscape. The tweets today bear witness to this frankly sad level of excitement and anticipation among the inbred, chip-on-the-shoulder tendency. The attitude of other fans will be of little import to the suits as they go about their squabbling – heavens, they can hardly bother to think about the club’s own fans – but it’s a real enough part of the misery being imposed on us – and a particularly irritating one to the loyal Leeds United following out here, unable to do much but watch in horror and wait in apprehensive uncertainty while this humiliating tussle goes on. And on, and on…

Over the past few days, and particularly since the news of Flowers’ WUP gained some currency, the attitude of the Leeds United support has appeared to sway significantly in favour of the Italian Cellino, and away from the dubious methods being employed elsewhere. At first there was much doubt and virtuous rolling of the eyes at the thought of Cellino’s supposed criminality and wickedness – and yet, in the cold light of day, he appears little different to other mega-rich football club owners in this respect. It’s highly unlikely that his convictions – one apparently suspended, one seemingly quashed – will act so as to fail him under the League’s Fit and Proper Person (FAPP) test. He has an embezzlement charge hanging over him, but is rightly regarded as innocent until proved otherwise on that score. And are Cellini’s rivals so squeaky clean? The background of one Liverpool-based member of one of the consortia begs some critical evaluation, what with drive-by shootings and the like and – let’s not forget – Enterprise Insurance itself is unlikely to be based in Gibraltar simply for the lovely scenery afforded on the Rock.

The sad and frustrating fact is that Mr Flowers has taken a sledgehammer here to crack a peanut. He filed his application the day after his consortium’s bid collapsed – on the rebound, as it were. It has all the hallmarks of a fit of pique. Given the statement from Leeds United last night – and even though that was swiftly watered-down, it’s still out there for people to see due to various assiduous bloggers – it seems inconceivable that Flowers and GFH could sit down around a table and discuss amicably any proposed business over the ownership of a football club which in any event actually belongs in a very real sense to the fans out here. So what has Flowers to gain? Read here and here to see what a very serious step a WUP is. Why would he do that to a club he allegedly has close to his heart?

It will be interesting to see how the feelings of the Leeds United support continue to drift as the next few days go by – but already there has been a significant shift away from Flowers & Co and towards the “King of Corn”. If Flowers is planning a long game, he risks completely exhausting the patience of the fans, patience that is already wearing dangerously thin. And he might just find that any support or sympathy he ever had will have completely evaporated long before he ever gets his day in court.

30 Comments

Posted in Football, Leeds United

Tagged David Haigh, Eleonora Sports Ltd, Enterprise Insurance, fans, FAPP Test, fit of pique, gfh, Gibraltar, Leeds United, LUST, Massimo Cellino, takeover, tantrum, TOMA

Despite All the Wrangling – Doesn’t Cellino Own Leeds Utd Already? – by Rob Atkinson

Posted on 04/02/2014 | 39 comments

Cellino – Signor Leeds United in a very real and legally-binding sense

Since the turmoil of last weekend, when low farce threatened to proceed via melodrama to real tragedy – before turning into a rip-roaring epic with a hat-trick hero – things have settled down, battle lines have been drawn and it’s situation normal at Elland Road. In other words, the football is all but forgotten, various big egos are competing to see who can wee highest up the wall and the fans are relegated to mushroom status; kept in the dark and fed a load of crap.

But what is the reality of the situation? Despite all the fighting and fratching, all of the writs and wrangles – isn’t it actually quite simple? If you strip away all of the extraneous nonsense, then doesn’t it all boil down to an elementary matter of whether or not a contract now exists between GFH and Eleonora Sports Ltd? If that contract does exist, then it’s difficult to see how it can now be argued that negotiations can properly continue between GFH and any other party. People will point to the fact that, when Cellino’s solicitor arrived at Elland Road to “complete” the deal, he was ushered off the premises, the papers left unsigned. So: no deal, right? But it’s not really as cut and dried as that, not when we look at the basic elements of what constitutes a contract.

Basically, a contract exists where one party makes an offer accepted by another party, with a “consideration” – i.e. money changing hands. No signatures needed, no paperwork – a contract is technically binding without all that. Offer, plus acceptance, plus consideration = a contract, with all the enforcing power of contract law behind it.

So if Cellino had his offer to buy 75% of the club accepted by GFH – as it seems they have acknowledged – and if, as he says, he has paid for those shares – even if those funds are actually held in an escrow account and not yet paid to GFH; then it’s difficult to see how GFH can, at this stage, repudiate the contract and enter into discussions with a different party. So it does look to me as though Cellino owns Leeds Utd, subject only to official ratification under the FAPP Test, which he would almost certainly pass due to spent convictions which cannot, under English law, be prejudicial to his status as a “fit and proper person”. Cellino himself appears ready to go to law in order to defend his contractual position. Worryingly, it appears that the other parties in this whole sorry mess appear equally determined to have their day in court.

Can anyone make a serious alternative case, for the enlightenment and edification of this blog, to the conclusion that Cellino is the de facto owner of Leeds United? I’m still trying to sort out for myself whether I actually want this for Leeds, or not. So I’ve no interest in being right for being right’s sake; if anyone can tell me why all of the above contract theory is not true, then I’ll be happy to be convinced accordingly.

If the contract issue is as straightforward as it currently appears – and admittedly, these things rarely actually are – then Cellino only really needs the green light from the relevant authorities to move in and start putting his mark on the club. What that would mean in practice is the subject of a whole separate article, and there are as many opinions as to his positive/negative effect on Leeds United as there were fans in the stadium when Leeds mauled Huddersfield last Saturday, or so it might appear.

In the meantime, all of the kerfuffle which currently occupies us all to the exclusion of anything to do with the actual football business of the club, could just be sound and fury, signifying nothing. Just an almighty, annoying waste of time. If it really is such a simple question as “Is there a contract, or isn’t there?” – then for God’s sake, let’s get it sorted out, and swiftly. The one real voice of calm and sanity in all of this, Brian McDermott, has said himself that the ownership issue needs sorting out fast. Elsewhere, there have been quotes from David Haigh to the effect that talks might go on for “days, weeks, months”. God forbid – we just do not need that.

Looking yet further down the food chain, our one-time main sponsor figurehead, Andrew Flowers – thwarted member of the Sport Capital consortium who started all of this nonsense by reneging on a done deal and submitting a “revised offer” for the club – is now issuing a winding-up order against the club whose best interests he ostensibly has at heart. Apparently, this winding-up order is no wind-up – this guy means business. It’s a pity he didn’t have the integrity to see the original deal through and save us all a lot of grief. Now, it would seem he’s having to join forces with yet another consortium to match Cellino’s bid. But little has been heard of what financial muscle this “super-consortium” would have to take the club forward post-purchase. And this is a vital issue – after all, it’s not just the initial cost – it’s the upkeep. Could we have any faith in future investment for the club, the team and the stadium if Flowers & Co did get their way? And isn’t Flowers himself open to a charge of being vindictive in trying to stretch this matter out by such drastic means?

The next match is just a few days away, in the public glare, via the unsympathetic and mischievous medium of Sky TV. Can we hope for matters to be sorted by then? Who knows? But surely, that would be in everybody’s best interests – not least the team, the fans and the patient but long-suffering Brian McDermott.

Comments invited, it’s your club, not theirs. Please – make your feelings known.

39 Comments

Posted in Football, Leeds United

Tagged Brian McDermott, Eleonora Sports Ltd, gfh, Leeds United, legal action, Massimo Cellino, TOMA

How Leeds Fans Can Influence Football League to Stop Cellino – by Rob Atkinson

Posted on 03/02/2014 | 45 comments

The Football League – screwing Leeds United and Leeds City since 1905

It’s simple, guys. A little reverse psychology is needed, along with a knowledge – based on historical precedent – of how the Football League and the FA think, concerning matters Leeds United.

Firstly, write to the Football League, emphasising that you are a Leeds United fan who is sick to death of what has been happening to our club since the financial meltdown of the early years of this century. Tell them that there hasn’t been a penny to spend at the club for well over a decade and that a continuation of this will see the club haemorrhage support and spiral downwards towards yet another administration.

Then tell them that Cellino is promising to invest millions into the club, that he intends to re-purchase and develop Elland Road into a modern state-of-the-art stadium as well as ploughing megabucks into the improvement of the squad. Tell them that, if Cellino is approved, a run to the play-offs this season is likely and Leeds might be back challenging for honours as early as next season. Mention that, even if the club failed to go up this season, then with Cellino’s backing they will certainly romp home to win the Championship next season. Beyond that, the sky would be the limit – but tell them that you see a Cellino-owned Leeds United back at the very forefront of the English game, busting the current Champions League cartel wide open.

Tell them, in conclusion, that this is a pivotal moment in Leeds United history, that the club is at a crossroads and that we are depending on their swift and unequivocal approval of Cellino to save us from a bleak future of despair and failure – and to propel us instead onwards and upwards to a new glory era. Emphasise how we are depending on them for our very existence as a club with a future in the English game.

It’s that simple. Tell them all that – then just sit back. You won’t have to wait for long. If they get enough feedback of that nature, it will take them approximately five minutes to reject Cellino’s purchase of Leeds United out of hand, with assurances that Leeds are part of the football family etc etc. We can rely on them for this, it’s all happened before. Once they’re certain of what’s worst for Leeds, then that’s what they will decree.

So if you want to block Cellino – beg for him to be accepted. In the perverted, perverse world of the Football League and the other authorities in the game with regard to their relationship with Leeds United, such a contrary approach is the only one guaranteed to succeed.

On the other hand – if you want Cellino in, then ignore everything I’ve just put, and write in damning him as a malign influence who would be certain to have the club wound up and Elland Road burned down within six months. You see how it works?

You pays your money, you takes your choice. Whatever you want for Leeds United – just ask the Football League for the opposite. ‘Twas ever thus.

45 Comments

Posted in Football, Leeds United

Tagged Brian McDermott, Fit and Proper Persons Test, Football League, Leeds United, Massimo Cellino, perversity, reverse psychology

Huddersfield Suffer Cup Final Thrashing at Hands of Crisis Club Leeds – by Rob Atkinson

Posted on 01/02/2014 | 26 comments

Jimmy Kebe celebrates scoring for Leeds United

It was the worst of times – and then, suddenly it was the best of times. The Friday night had been pain and humiliation for every Leeds United fan, in the pitiless glare of the Murdoch media before the eyes of a hostile world. And yet, just a few hours later, everything had changed, unrecognisably for the better. The team started against Huddersfield looking understandably a little sorry for themselves. But they rode their luck, applied themselves when they went behind – and emerged 5-1 winners. And then we heard the manager was reinstated – in fact, contrary to the previous night’s version of reality, he was never sacked in the first place. On a personal note, I’d sustained a Twitter barrage from jubilant Millwall fans on transfer deadline night, they’d been gleefully delighted to see their least favourite Leeds fan reeling under the sheer weight of bad news. And yet on the Saturday they lost 0-3 to Reading and remain in and around the gutter of the relegation zone, where such vermin belong. Schadenfreude rarely felt so good – right, Ms Kate Murray, stroppy Miwwwaww tweeter? I am using the word correctly, I hope… And to put a tin lid on it, Man U got beaten at Stoke, despite a comical SEVEN minutes of stoppage time. Where are those penalties from the S’ralex days, eh?

Talk about Friday Night and Saturday Morning – Sillitoe never wrote such a dystopian/utopian contrast. It’s been said that a week is a long time in politics – clearly a day is the difference between epochs in the crazy world of football. These were not so much two different and contrasting days as two parallel universes. The speed with which things have turned around has been enough to leave anyone dizzy. For Leeds fans, the afterglow of the Derby Day slaughter is an oasis of happiness, paid for in full with Friday night’s pain and wretched suffering. And, in a particularly sweet twist, the club on the receiving end of this almighty volte-face was Huddersfield Town, bearers of the biggest anti-Leeds United chip on the shoulder you’re ever likely to see outside of Barnsley. Early on, they’d bossed it at Elland Road, but they were profligate; to some extent the authors of their own downfall. Nevertheless, they’d forged ahead, and then our captain McCormack missed a half-chance for Leeds. The glee in the away end was unconfined – “Ross McCormack, he don’t wanna play” they sang, innocently unaware of the tidal wave of Ross that was to engulf them, leaving them very sad and silent little Terriers by the end of the game.

Ross!!

For McCormack, it was a performance you just couldn’t have made up. A hat-trick, the day after the Sky Sports hacks had been doing their best to flog him to Premier League relegation candidates Cardiff. A tough game against determined derby opposition, for which the preparation had been as far away from ideal as it is possible to imagine, a fragmented miscellany of disasters large and small. A match day that had started with bleak pessimism seeping throughout the club, some of the staff turning up for work in tears, McCormack’s mentor apparently sacked. Seriously, who writes this talisman’s scripts? One hat-trick later, and Ross was on the radio, re-emphasising his commitment to Leeds United. Our captain and the top scorer in the league had stepped up to the plate and delivered, big time. We couldn’t possibly have asked for more.

And then, best of all, we heard those glad tidings that Brian McDermott is still our man. It’s true that there are still a lot of explanations needed for what has gone on in and around LS11 in that nightmare day or so – but for the time being, the warm fuzz of happiness is just too darned comfortable and I don’t want to shake it off. Leeds win, thrashing Huddersfield in what is always their Cup Final. Millwall gloated for a night and were then comically, karmically, abjectly beaten at home the next day. Man U lost at Stoke with their ineffectual manager bleating about deflections and worldies. My smile still feels as though it may require surgical removal. It’s all so different from the Friday night, and from Friday night’s nightmares. I woke up the next morning hoping I had just dreamed it all, only to realise despairingly that it was true. Never had I anticipated a home game with less appetite or enthusiasm. My get up and go had got up and gone.

And now – well, that Friday night reality, which got match day off to such a glum start, is simply not true any more. The team fought like lions (sorry, Millwall) for the badge, the shirts, the manager and the fans. Young Mowatt played beautifully and broke his goal-scoring duck. Stewart was tricky and creative out wide. Even fellow winger Jimmy Kebe played well and scored – these two are at last looking fit and sharp and promise to lend a whole new dimension to our play. The embattled team took an early, shattering blow, but then lashed back in a startling fashion, savaging the cocky Terriers in what turned out to be an epic mauling. So life is good, however temporarily. Whether it’s now a case of Marching On Together, or Forza Leeds – or maybe both – we can at least be content for the minute.

Friday was just plain horrible. But Saturday, matchday? It’s been bloody wonderful.