18 December 2020
Chairman’s Christmas Message
First and foremost, on behalf of the Club Committee, I wish you as joyous a Christmas as your bubbles will allow. We all hope to get the vaccine and start to get back to some normality. For me it will be going back to the pubs and restaurants whilst at home and on holiday.
Obviously staying at home for Christmas is safer. The Canary Islands have so many restrictions and the virus is on the increase everywhere. Like so many I have given up moving around this year and concentrated on saving myself for 2021.
Secondly, I can now give an update on Club Los Claveles legal issues in Spain.
Some of you will remember that at the end of 2016, as a result of a Legal Order in Scotland, WimPen was instructed to pay the Club €125,000 from Club funds (that WimPen controlled in a joint account – Escritura and Club). This was a contribution towards legal fees. At that time, I was in Scotland appearing in an Arbitration representing the interests of the Club and was in regular contact with lawyers acting for WimPen Onagrup. It was some time after that I found out that Jane Oliphant, an Onagrup employee had issued a claim against WimPen in the Spanish Court of Arona, Tenerife. Ms Oliphant claimed to represent two companies, Eurosec S.L. and Construction Financial Services Limited.
Ms Oliphant’s action was to prevent WimPen returning €125,000 of the Club’s own money on the basis that it was in a joint account and therefore permission would be required from Escritura owners in order for funds to be released.
Not unsurprisingly, WimPen capitulated out of court. The court was notified of the agreement between WimPen and Ms Oliphant and gave its approval. The Court did raise concern as to why the Club was not represented. WimPen informed the Court that it was representing the Club as the Chairman, Mr Fletcher, could not be found.
A copy of the Spanish Court judgement was sent to me via WimPen’s Scottish lawyers, over a month later. It was in Spanish and WimPen’s Scottish Lawyers said that they had no idea what it was. The document was quickly translated. The important aspect of this was that we were out of time to appeal. The intention of WimPen and Ms Oliphant?
The next step was to advise the Club’s Spanish lawyer. We put in a request to appeal out of time on the basis that we had no knowledge of the case being brought and had we known we would have opposed the action. To cut a very long story short, and after several court appearances, we were allowed to appeal. The appeal judgement has been translated and is published along with this communication.
The Club’s Appeal was upheld and therefore has the effect of Ms Oliphant’s case against WimPen being NULL AND VOID. In simple terms it means that the restriction imposed by this case has been removed and we can now continue to enforce the Arbitration and retrieve the Club’s money. (Post Script: This means all of the Club’s money held in the joint account, not the €125,000 from an early order made by the arbitrator which was superceded by his final order for all of the Club’s money to be returned.)
This information is a good result for the Club and gives us energy to continue to work for a resolution to outstanding matters in 2021, Covid allowing.
Have a Very Happy Christmas,
Chairman, Club Los Claveles
on behalf of the Club Committee