Source: Team_Talk
Former Foxes director gets damages
Gilbert Kinch, 65, of Kinchley Lane, Rothley, Leicestershire, was awarded damages against David Rosling, 70, of Hammerwood, East Grinstead, Sussex, who was struck off in 2006 for dishonest conduct.[LNB]Mr Justice Tugendhat, sitting in London, who had been asked to assess the sum to be awarded against Mr Rosling, gave judgment in the sum of £2,243,240.86p, inclusive of interest.[LNB]The judge heard how Mr Kinch was "a respected and successful Leicestershire businessman" and had been a non-executive director of Leicester until he resigned in 1999.[LNB]His QC, Jeremy Stuart-Smith, said the club was "one of his great delights and passions" and "in and from 2000" he attempted to take it over, believing that it was "not being well managed".[LNB]At first he was a member of a consortium, but from the end of 2000 he went ahead on his own.[LNB]Mr Stuart-Smith said that over a protracted period from late 2000 to 2002 Mr Kinch thought he was in negotiations with an organisation which agreed to make available the funds he would require.[LNB]Mr Rosling, whose company was based in London, was the solicitor acting for the organisation. On the strength of his "representations and assurances" on the availabilty of funds Mr Kinch "committed himself to substantial expenditure".[LNB]But the QC said that those representations and assurances were "utterly untrue" and the consequences for Mr Kinch were "catastrophic".[LNB]He was unable to meet his debts as they fell due and his shareholding in the club became worthless, at a loss to him of nearly £1million.[LNB]Mr Kinch was made bankrupt in 2003, suffering the "humiliation" which that brought. He has now been discharged from bankruptcy.[LNB]Mr Stuart-Smith told the court: "Mr Kinch and his family have suffered intense humiliation, distress and anxiety as a consequence of Mr Rosling's deceit.[LNB]"As a result of Mr Rosling's fraudulent conduct, Mr Kinch has gone from being a well-respected local businessman to a social pariah.[LNB]"He has been forced to endure the indignity of personal bankruptcy and has had the constant threat hanging over him of repossession of his family home."[LNB]After the ruling, Mr Kinch, who was present in court, declined to comment.[LNB][LNB]
