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ARTICLE · 25 MAY 2021

Blackpool Football Club V Cooper

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Blackpool Football Club (Properties) Ltd v Cooper & Anor [2021] EWHC 910 (Ch) deals with the circumstances in which the permission of the court is needed to bring proceedings against court...

United KingdomLitigation, Mediation & Arbitration
Edward Saunders
Edward Saunders

Blackpool Football Club (Properties) Ltd v Cooper & Anor [2021] EWHC 910 (Ch) deals with the circumstances in which the permission of the court is needed to bring proceedings against court appointed receivers. The question arose in proceedings by Blackpool Football Club (Properties) Limited against defendants who had been appointed as receivers over by way of equitable execution, the main allegation being that the receivers had been negligent in the performance of their functions  by selling assets at an undervalue.

In 2019, Marcus Smith J approved the receivers' proposal to sell shares in the football club to a purchaser who would acquire the majority of its shares. The sale left a sum outstanding. In December 2019 the relevant parties reached a confidential settlement with the claimant.  Immediately thereafter Marcus Smith J heard an application as a result of which he discharged the receivership order. The receivers also sought their discharge from liability which

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