The High Court has issued a bench warrant against the man who used to oversee player recruitment at Newcastle United in a long-running legal battle with Mike Ashley.
Tony Jimenez, also the co-owner of Charlton Athletic, was sued by former Newcastle United owner and retail giant Mike Ashley in 2017.
Ashley accused Jimenez of luring him into a fraudulent £3m investment to acquire a shareholding in Les Bordes, a French golf course.
The claim alleged that Jimenez received the funds, but no shares were acquired, leading to a lawsuit asserting, amongst other matters, fraudulent misrepresentation, deceit and breach of trust.
However, as Judge Klein noted, there is an “unfortunate history of this claim,” including Jimenez asserting the English court had no jurisdiction.
In support of his application, Jimenez put forward a letter that stated on oath that Ashley signed it.
This letter in question was later established to have been a forgery.
Chief Master Marsh, who heard the application, found that the letter was not genuine and dismissed his jurisdiction challenge. He also ruled in favour of Ashley in the sum of £3m.
Since that judgment in 2019, Jimenez has sought to oppose every effort to enforce it, but he failed.
Despite that, he has made no payment toward the judgment debt or the cost orders against him.
As Judge Klein noted last Friday, the “claimants and their lawyers have been trying over the last six years to enforce the judgments against the defendant”.
That £3m sum and the interim costs order of £200,000 remain unpaid.
Together with interest, Ashley and his company, St James Holdings, are now apparently owed between about £5m and over £6m.
Ashley’s legal representative issued an application in 2021 to require Jimenez to attend court to be orally examined by a judge.
However, his failure to comply with orders to attend court and produce documents resulted in Jimenez’s committal.
On 20 December 2021, Mr Justice Mellor found Jimenez in contempt of court and ordered his imprisonment for 60 days. However, the order was suspended, provided that Jimenez attended a hearing and provided documents as ordered by the court.
Jimenez did not attend court, citing he was too unwell.
His claim of ill health continued for three years.
The case went back to court earlier this month, and last Friday, Judge Klein concluded that he had no medical evidence to support his position and that his failure to disclose documents amounted to a breach of the suspension of the committal.
The judge went on to issue a warrant for the arrest of him while also ordering him to pay Ashley’s costs in the sum of £240,000.
Jimenez’s lawyers tried to suspend the warrant, but the judge refused this request.