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Bluebirds in court over £24m loan Cardiff in court over £24m loan
(about 10 hours later)
Cardiff City Football Club is due in the High Court in London later as its main financial backer seeks immediate repayment on a £24m loan package. A Swiss bank has asked the High Court to order Cardiff City football club to repay a £24m loan.
The Langston Corporation says the club failed to make repayments on the loan which was arranged when Sam Hammam was the club chairman in 2004. The Langston Corporation said the club failed to make payments on the loan which was arranged when Sam Hammam was Cardiff City's chairman in 2004.
But Cardiff say a variation to the agreement in 2006 means the loan is not repayable until 2016. The bankers want the court to make a judgement in the case, arguing there is no need for a trial.
If it loses, Cardiff has said a large pay out could threaten its future. The club claims the loan is not repayable until 2016 and could face an uncertain future if it loses the case.
Langston, a Swiss-based company and Cardiff's biggest creditor, has applied for summary judgement which means a High Court judge could decide whether to rule in Langston's favour without the need for a full trial. At the start of the two day hearing, Langston's counsel, Michael Driscoll QC said: "It is common ground that the claimant loaned £24m to the club in 2004 and is yet to be repaid.
The hearing is set to last one or two days. "The club says that nothing is to be repaid at this time, and the question is whether there is enough in what the club says to justify this case going to trial.
"The claimant says that there is nothing in what the club has said."
Cardiff claims a variation to the loan agreement in 2006 means the loan is not repayable for another eight years.
The judge, Mr Justice Michael Briggs, must decide whether he is able to issue a summary judgement ordering the immediate repayment of the £24m, or if the case should go to a full trial.
The judge is expected to reserve his decision before ruling in writing at a later date.
If we were to lose we would go straight into administration - it's a straightforward situation Peter Ridsdale, chairman Cardiff City FCIf we were to lose we would go straight into administration - it's a straightforward situation Peter Ridsdale, chairman Cardiff City FC
The Championship club is due to play Barnsley in Wembley stadium in April as FA Cup semi-finalists, but its chairman Peter Ridsdale has said administration would be a realistic scenario should it fail to win the case.The Championship club is due to play Barnsley in Wembley stadium in April as FA Cup semi-finalists, but its chairman Peter Ridsdale has said administration would be a realistic scenario should it fail to win the case.
This could result in an automatic points deduction and damage their hopes of building a new stadium on the outskirts of Cardiff.This could result in an automatic points deduction and damage their hopes of building a new stadium on the outskirts of Cardiff.
"If we were to lose we would go straight into administration - it's a straightforward situation," said Mr Ridsdale Speaking before the hearing, Mr Ridsdale said: "If we were to lose we would go straight into administration - it's a straightforward situation.
"The club's Championship status would be determined by the amount of points we collect come the end of the season, minus 10."The club's Championship status would be determined by the amount of points we collect come the end of the season, minus 10.
"In terms of the stadium, it would depend who buys the football club and whether they prove to be an acceptable partner for the council and whether they have got enough money to finish the stadium off, which would probably be about £20m.""In terms of the stadium, it would depend who buys the football club and whether they prove to be an acceptable partner for the council and whether they have got enough money to finish the stadium off, which would probably be about £20m."
BBC Wales' Dragon's Eye programme obtained the court case papers, which revealed that clauses and waivers on both sides are alleged not to have been met.
The hearing may not produce a clear winner.
Professor Robert Lee from Cardiff University Law School said much will depend on the "particular language" of the loan agreements between Langston and the club.
This could be enough to prompt a trial at a later date, he said.