Disclaimer
This document contains responses and summaries generated with the assistance of AI tools and is intended purely for informational and discussion purposes. It is not legal advice. The steps and legal routes outlined are suggestions only, intended to help other members understand and consider potential avenues for action.
Due to being away on holiday and work commitments upon my return, I am unable to pursue this matter personally. I share this information to encourage others to follow up or escalate further if they believe it is appropriate to do so in defence of the Club’s democratic principles.
Please note: Every effort has been made to ensure dates and factual details are accurate. However, if there are any discrepancies or errors, I offer my sincere apologies. The proposed voting period, to the best of current understanding, is from 24 to 28 July 2025.
1. Overview
This document sets out the legal and procedural concerns raised in response to the proposed sale of Lewes FC Women, as communicated by the Club Board on 10 July 2025. It also outlines the steps already taken and the legal basis for considering injunctive relief, including reference to applicable rules under the Financial Conduct Authority (FCA) and the Club’s own constitution as a Community Benefit Society (CBS).
The purpose of any injunction would be to force Lewes FC to subject any sale to a binding vote of owners, full transparency of the details of any sale and other stated options available and a proper consultation period.
2. Key Concerns
A. Breach of Club Constitution and FCA Governance Standards
- Lewes FC is a registered Community Benefit Society (CBS), subject to FCA regulation (Society No. 30988R).
- The Club is governed by its registered constitution filed with the FCA, which is based on the Supporters Direct model rules (now maintained by the FSA).
- Major asset disposals (such as the sale of the women’s team) require:
- Full disclosure to members
- A properly convened General Meeting
- A binding member vote with adequate notice and documentation (typically 28 days)
B. Inadequate and Non-Binding Consultation
- The Club issued an email on 10 July announcing the proposal, with a vote scheduled to begin on 24 July and conclude on 28 July.
- The vote is stated to be non-binding, with the Board indicating it may proceed regardless of the outcome.
- No meaningful consultation period or financial transparency has been provided.
C. Misrepresentation of Board Support
- The Club claims unanimous board support for the transaction.
- Since then, at least two directors have resigned in protest, suggesting this statement was false or misleading.
D. Contravention of Precedent
- In 2022, during the failed Mercury 13 takeover, the Board conducted full disclosure and a binding vote.
- The current approach lacks equivalent safeguards, which sets a dangerous precedent.
3. Legal Framework and Supporting Authority
FCA Rules and Guidance
- FCA Mutual Societies guidance (Section 3.3.1) requires CBSs to operate with democratic member control and in the interests of the wider community.
- The society must act transparently, fairly, and in line with its constitution.
Supporters Direct Model Rules (via FSA)
- Rule 14-18: Requires member voting rights and democratic governance.
- Rule 63: Requires binding member approval for disposal of significant assets.
- Rule 6-7: Affirms the community purpose and obligation to democratic control.
Lewes FC Registered Rules
- Confirmed via FCA Mutuals Register (FCA Society No. 30988R):
- The rules echo the above model requirements.
- Major decisions must be approved by resolution at a General Meeting with 14+ days’ notice and supporting documentation.
4. Legal Route Available to Members
Suggested Timescale for Action
Given the urgency of the situation, the following is a proposed timeline for members wishing to take legal action:
- By 23 July (12 noon): Deadline for response to pre-action letter from the Club Board.
- By evening of 23 July: Prepare and submit an application for an interim injunction to the County Court if no satisfactory response is received.
- 24 July: Begin urgent court hearing process (same-day or next-day hearings are possible in injunction cases).
- 24–28 July: Court may grant an emergency order halting the vote, depending on the evidence presented and judicial availability.
Time is of the essence. If no action is taken before the vote concludes on 28 July, the Board may move forward with the sale unchallenged.
If the Board fails to respond adequately or refuses to pause the process, members may seek an interim injunction from the County Court to halt the sale. This is a standard civil procedure open to individuals acting as “litigants in person” (without a solicitor).
What Is an Injunction?
An injunction is a court order that temporarily stops a party from taking an action—in this case, preventing the Board from proceeding with the proposed sale.
What Does It Require?
- Completion of a court form (N244)
- A witness statement explaining the situation and urgency
- A skeleton legal argument (can be short and factual)
- A draft court order outlining what is requested
- Court filing fee: £308
The application can be made without legal representation. However, assistance can be offered to guide members through preparing the paperwork, ensuring the strongest possible presentation.
If successful, the injunction would prevent the sale from progressing until full disclosure and a binding vote is conducted in line with the Club’s rules.
5. Final Note
The current process represents a clear and dangerous deviation from Lewes FC’s established values and obligations as a fan-owned club. Time is short: if the board does not respond by 23 July, legal action will be taken to preserve the club’s democratic integrity.
#Lewes #Lewes FC #Fan Ownership
The Rights of Fans. 