Fenella Morris QC, Kelly Stricklin-Coutinho and Professor Andrea Biondi have successfully defended Wasps against an order sought that they had received illegal State aid, alleged to be in the region of £28 million.
The Supreme Court has today refused the Claimants permission to appeal in R (Sky Blues) v Coventry City Council & Ors on the basis that the application does not raise an arguable point of law.
The Claimants, (Sky Blue Sports & Leisure Limited, Arvo Master Fund Limited and Otium Entertainment Group) the owners of Coventry City Football Club challenged Coventry City Council’s decisions in respect of the sale of the shares in Arena Coventry Limited and in respect of a lease extension sold to Arena Coventry Limited. Amongst other things, they sought an order that the alleged undervalue be paid to the Council by Wasps. The alleged undervalue was claimed to be in the region of £28 million.
In the High Court, Singh J (as he then was) refused permission to apply for judicial review. That judgment was appealed to the Court of Appeal. The Court of Appeal held that there was no undervalue of the public assets transferred, dismissed the Claimants’ appeal and upheld the order of Singh J (as he then was) in the High Court.
As the Supreme Court has now refused the Claimants permission to appeal the Court of Appeal’s judgment, the Court of Appeal’s judgment is therefore the final determination of the matter.