A Summons For Joy Seppala

THE JIMMY HILL WAY CAMPAIGN

 

 

 

A Summons for Joy Seppala

 

Today sees the start of yet another legal battle launched by Sisu Capital, owners of Coventry City FC against Coventry City Council. Permission to obtain a second Judicial Review, this time regarding the sale of the Ricoh Arena to Wasps Rugby Club, is sought in the Birmingham Law Courts. Although Sisu are not actually named in the petition – the case is formally brought by Otium Entertainment (aka Coventry City FC), its parent company Sky Blue Sports & Leisure and Arvo Master Fund, an investment vehicle of Sisu which has provided loan funding to the football club – it is apparent that Sisu and its boss, Joy Seppala, are the driving force behind this action.

 

As well as targeting Coventry City Council, the application also names Wasps Holdings, Arena Coventry Limited and the Alan Edward Higgs Charity under the category of “Interested Parties”. Essentially, in the construction of this litigation and despite protestations to the contrary from Tim Fisher (CCFC Chairman), Sisu have placed CCFC in a dispute with their landlords at the Ricoh Arena.

 

Sisu and Ms Seppala are hardly strangers to the Courts, having resorted to the legal system on several occasions in connection with Coventry City and other matters. It could be concluded that legal action is a preferred business tactic for Joy, to the extent that one wonders if her company should be re-named “She Sues”.

 

While Joy Seppala is certainly entitled to pursue legal remedies on behalf of her investors, this perhaps conflicts with her duties as steward of Coventry City, since it potentially harms the relationship between the club and its landlords. 

 

It would not be appropriate to comment on the merits of this latest legal case, that is a matter for the judiciary. However, as there is scope for Ms Seppala to require Coventry City Council to defend itself repeatedly in the law courts, surely there is a case for Joy and her close associates to answer concerning the appalling record under their ownership and control of the Sky Blues?

 

Therefore, on behalf of those Supporters of Coventry City FC who share our concerns about the conduct of Sisu and its fellow participants in the CCFC saga over the past 10 years, a “Summons” has today been served on Joy Seppala. A copy of this document accompanies this briefing. This affords the opportunity to Ms Seppala to attend a hearing in Coventry, one month from today, to answer for the actions and decisions taking during the period of her control that have reduced Coventry City to its current parlous state.

 

The case against Joy and her associates is set out in the “Particulars of Claim” section. This comprises 10 points that, in the opinion of the Plaintiffs, demonstrate that Ms Seppala is not a fit and proper person to be engaged in the ownership or control of Coventry City, or indeed any football club.

 

While the “Summons” is a spoof and has not a shred of legal validity, the intent to offer Ms Seppala an opportunity to defend her record, including that of her colleagues, is absolutely genuine. Fans would be particularly keen to hear why she considers that Sisu should retain ownership of our beloved Sky Blues, when historical evidence suggests a complete lack of competence and care on their part.

 

Unlike Ms Seppala herself, we would not actually inflict the indignity of dragging anybody into a Court Room. If she is willing to attend an Open Meeting of Coventry City Supporters at which she would be enabled to answer for the performance of the club owners and directors over the past decade, Joy can be assured of a fair hearing, though it is certain to be largely a critical one. At least she would get credit for facing up to her critics.

 

Alternatively, Joy can ignore our Summons and the very serious charges that it contains. In which case, Supporters of Coventry City FC must surely conclude that Ms Seppala is guilty as charged.

 

 

David Johnson

Spokesperson

The Jimmy Hill Way Campaign

 

Footnote:

 

The Summons names the EFL and FA as Interested Parties. These regulatory bodies should not be let off lightly in relation to the saga of Coventry City, or the several other current “Crisis Clubs” throughout the country. Intensive parliamentary scrutiny is urgently needed into the regulatory failings that have let down fans at:

Blackburn Rovers

Blackpool

Charlton Athletic

Coventry City

Leeds United

Leyton Orient

Nottingham Forest

and others.

 

 

 

SUMMONS

Case No: CC/16051987

IN THE COURT OF PUBLIC OPINION

FOOTBALL SUPPORTERS’ DIVISION

CITY OF COVENTRY & SURROUNDING DISTRICTS

Date of Issue: 14th July 2017

                                                                                                                    Hearing Venue:

                                                                                                              The Prince’s Chamber or alternative

Within the Historic City of Coventry

Listings to be published by 31st July 2017                                                                                                                                         

Between:

PLAINTIFFS

THE PEOPLE on behalf of

SUPPORTERS OF COVENTRY CITY FOOTBALL CLUB (“CCFC”)

- and -

DEFENDANT

MS. JOY SEPPALA

- and -

INTERESTED PARTIES

1. MR TIMOTHY FISHER

2. MR DERMOTT COLEMAN

3. MS LAURA DEERING

4. MR ONYE IGWE

5. SISU CAPITAL LIMITED

6. ARVO MASTER FUND

7. OTHER FORMER DIRECTORS OF CCFC

8. THE FOOTBALL LEAGUE (“EFL”) and THE FOOTBALL ASSOCIATION (“FA”)

Hearing date: 14th August 2017

                                             - - - - - - - - - - - - - - - - - - - - - - -

                                      

                                                                                         

                                            PARTICULARS OF CLAIM

All references to CCFC within these particulars include as appropriate, the operating company Otium Entertainment Limited and its parent Sky Blue Sports & Leisure Limited, together with former entities (in liquidation) Coventry City Football Club Limited and Coventry City Football Club Holdings Limited.

The Plaintiffs do hereby allege that the Defendant is directly responsible in association with one or more of the Interested Parties for the matters listed at points (1) to (10) below:

1. Incompetent management of CCFC in the period commencing 14th December 2007 until the date of this writ, evidenced by its relegation from the Football League Championship in 2012 and from EFL League One in 2017, to the lowest position in the history of CCFC since its formation in 1883, plus two penalties of 10-point deductions by the EFL relating to financial conduct of CCFC.

2. Vacating the long-term Lease Arrangements held by CCFC at the Ricoh Arena in 2013 arising from non-payment of rent properly due in accordance with that Lease.

3. Causing CCFC to play “home” fixtures at Northampton Town’s Sixfields Ground between August 2013 and August 2014, consequent on point 2 above and the resulting dispute between CCFC and (a) Arena Coventry Limited (b) Coventry City Council and (c) The Alan Higgs Charity (collectively “The Landlords”).

4. Continued and protracted legal disputes pursued against the Landlords and latterly involving Wasps Rugby Club which are in conflict with the Defendant’s obligation as steward of CCFC, since the pursuit of such seemingly hopeless and arcane litigation places CCFC’s facility to play at the Ricoh Arena after May 2018 at severe risk.

5. In addition to risking CCFC’s ability to play its home fixtures in the City of Coventry after the end of the 2017/18 season, the following elements of CCFC’s infrastructure have also been put in jeopardy by actions and decisions taken:

1. The Academy Cat II status;

2. Ryton Training Ground;

3. Financial stability, evidenced by the “Emphasis of Matter – Going Concern” note by auditors, BDO, in the accounts to 31st May 2016.

Further, commitments made to build an alternative home ground for CCFC have not been met.

6. Bringing CCFC, the game of football and the City of Coventry into disrepute in the course of ownership and management of CCFC.

7. Alienating a large proportion of the Plaintiffs from CCFC, as evidenced by the reduction in attendances between 2007 and 2017 from around 20,000 fans to less than 10,000 in the latest season and a significant reduction in Season Ticket sales for 2017/18, attributed to supporters’ disillusionment and lack of confidence in the Defendant and the first-named of the Interested Parties, Mr Timothy Fisher.

8. Breakdown of relationships and trust with key organisations in the City of Coventry, including the Landlords, Wasps Rugby Club, the Coventry Telegraph and representatives of the Plaintiffs and the people of Coventry & Warwickshire generally, creating a general situation of distrust and distain that makes it difficult for CCFC to operate successfully;

9. Absence of proper channels for Supporter Engagement as required by EFL guidelines and/or regulations, resulting in inadequate communication and fan involvement in CCFC.

10. Failing to enter into constructive discussions with:

1. Mr Gary Hoffman and other members of his consortium regarding a sale of CCFC, based on a financial offer that is apparently very reasonable in relation to market conditions;

2. The Sky Blue Trust in connection with proposals to enable fan-based ownership of CCFC;

either of which dialogues could have enabled the early cessation of ownership by and orderly exit for Sisu Capital Limited, thereby bringing an end to the damage caused by that ownership and allowing decent stewardship to repair and rebuild the club.

The Plaintiffs consider that the record comprised in points (1) to (10) above clearly indicates that the Defendant is not a fit and proper person to be engaged in the ownership or control of any football club. She has demonstrated a history of failure, neglect, contempt, ignorance and mismanagement, while either:

1. acting in association with; and/or

2. appointing; and/or

3. directing, empowering or instructing;

some or all of the Interested Parties listed (1) to (7).

In prioritising the interests of the investors of Sisu Capital Limited as beneficial owners of CCFC, the Defendant has failed to give full and proper consideration to the interests of the most important stakeholders in CCFC, its Supporters.

That this state of affairs has been allowed to continue by the EFL and FA, regulators of the game of football in England, is also a disgrace in the view of the Plaintiffs and shows a failure to exercise the duty of care that should be owed to Supporters.

REMEDIES SOUGHT

The Plaintiffs desire that the Defendant and Interested Parties listed (1) to (7) be (as appropriate):

• Required to relinquish ownership, control and management of CCFC at the earliest opportunity in favour of suitable fit and proper owners;

• Barred from owning or holding positions of influence at any other football club or sports body;

• Sent From Coventry and not welcomed within 35 miles of the City Centre for the remainder of their lives.

Further, the Plaintiffs ask for a thorough investigation by the House of Commons Select Committee for Culture, Media & Sport into the role of the EFL and FA in this matter, with proposals for Parliament to legislate to prevent similar situations occurring in the future, either at CCFC or another club.

INSTRUCTIONS TO DEFENDANT

The Defendant is invited to make a Personal Attendance at the hearing, at the venue to be announced and on the date indicated above, for the purpose of submitting evidence to counter the Particulars of Claim set out in this Summons. The Defendant should notify an intention to attend by email to info@thejimmyhillway.com within 7 days of the date of this summons. As this is a personal hearing, no legal representation will be allowed to either the Plaintiffs or the Defendant. Interested Parties are not required to attend.

Alternatively, the Defendant may enter an Admission of the Particulars of Claim, in whole or in part, by email to info@thejimmyhillway.com at any time up to 24 hours before the date of the hearing.

In the absence of a Personal Attendance or an Admission by the Defendant, the Court will enter judgement for the Plaintiffs.

 

 

1. To Sisu Capital’s Offices in London
2. Handed to Ms Seppala’s PA, Laura Deering, at the start of the lunch adjornment at the Birmingham Law Courts (about 1 hour ago).