|Chairman’s Update, 4th October 2018
|It has been somewhat quiet over the last month, mainly due to the courts and legal profession in Spain taking the whole of August off. I am due to speak with the Club’s lawyer and Administrator very soon and I will pass on whatever news is available.
WimPen/Onagrup have been threatening to take the Club to another arbitration for a few months. They put this into action and a preliminary hearing took place on 19 September 2018. The hearing set down a timescale for the proceedings. The lawyers acting for WimPen/Onagrup (different lawyers to last time as they dismissed their previous lawyer) have until 24 October to submit their claim. Until this date we cannot be sure as to what it is they are claiming. The Committee is of the opinion that they are trying to destabilise the Club by trying to get all the decisions made by General Meetings overturned since the last arbitration concluded. This does not come as a surprise as the Club agreed to a new Constitution which did not include a mention of WimPen. Although this new arbitration will involve a lot of work for the Committee and put the Club to further expense this can be seen positively. Ask yourself the question “Why would WimPen/Onagrup require a further arbitration if they were not concerned about their position in Spain?” Clutching at straws would be my definition. However, we cannot be complacent. We will fight this, on your behalf to the best of our abilities. It is my duty however to inform every member that the Club is liable for the costs of the arbitration both collectively and individually as laid down by the Constitution. As your Chairman I will be raising issues with the new Arbitrator regarding the failure of WimPen/Onagrup to comply with the orders made in the last arbitration. This was the return of the Member Register and the Club’s money and accounts. Detailed submission from the Club will be presented at the appropriate time. Unfortunately the law usually trumps common sense. Does it make sense for anyone to be allowed to go to arbitration when they have not complied with previous arbitration orders? I believe that this is breaking new ground and we may be used to set a precedent.
The Club will be undertaking this arbitration as cost effectively as possible with myself, as Chairman representing the Club at hearings.
The case against FNTC for refusing to hand over the Trust Deed as instructed by the members is due in court on 14 November 2018. This will be for legal arguments and to determine the conduct of the case.
I am sorry I am not able to inform you that the end is near. All I can say is that if you stay strong and committed to regaining your resort in the Club’s ownership then the end is closer than it was.
I take this opportunity to again thank all the Committee Members and active volunteers for their hard work on behalf of Club members. We all get tired but we continue to bounce back (no we are not rubber balls for those that remember the tune!). Achieving justice in both the Spanish and Scottish Courts is a long haul but we are getting there.
I hope you all have had a good summer and that you can now concentrate on those Christmas presents while the quiet and determined work to gain independent control of our resort goes on in the background.
Chairman, Club Los Claveles