Fenella Morris QC and Kelly Stricklin-Coutinho, with assistance from Professor Andrea Biondi, successfully represented Wasps in a claim against them by Sky Blue Sports & Leisure Limited and others (the owners of Coventry City Football Club) in respect of Wasps’ interest in the Ricoh Arena in Coventry. The claim alleged that Wasps had received State aid from Coventry City Council.
The claim concerned Coventry City Council’s decision to approve the sale of shares in Arena Coventry Limited to Wasps and the decision to approve the sale of a lease extension for the Ricoh Arena to Wasps. It alleged that the Council transferred those assets at an undervalue which amounted to an unnotified State aid. The Court of Appeal considered an appeal by the appellants from the order of Singh J (as he then was) refusing them permission to apply for judicial review.
In a judgment handed down on Friday 12th October 2018, the Court of Appeal held that there was no State aid because there was no undervalue of the public assets transferred. The Court of Appeal refused the appellants permission to proceed with judicial review, and upheld the order of Singh J of July 2017.
To view the full judgment, please click here.