Court victory stops Lithuanian Club being sold off

Jun 19 2008 by John Rowbotham, Hamilton Advertiser

PROTESTORS have won a court victory in their battle to save Mossend’s Lithuanian Club.

At Hamilton Sheriff Court last week, they were granted an interim interdict preventing the club’s committee from selling off any of the club’s assets, fixtures or fittings.

The order was granted to North Lanarkshire councillor for Bellshill, Harry Curran, and issued against the club’s trustees.

Councillor Curran said he was acting on behalf of 90 full and associate members of the club.

They made the legal moves after an extraordinary general meeting of club members, held on May 28, voted 41-35 in favour of its permanent closure.

Some members fear the club will be flattened and sold for housing.

Councillor Curran yesterday (Wednesday) argued that the vote was invalid and demanded that the trustees re-open the club. It was closed following a break-in on May 10.

In another development in the row, a second EGM, demanded by people fighting the closure, is due to be held at the club next Wednesday, starting at 6pm.

Councillor Curran, represented in court by lawyer Mark Lunny of Motherwell solicitors Ballantyne and Copland, applied for and was granted an interim interdict against the trustees on June 6.

A second hearing, before Sheriff Thomas Welsh QC, was held last Wednesday.

The trustees were not represented in court and Sheriff Welsh continued the interim interdict on the same terms granted at the first hearing.

The order prevents the club’s trustees, their employees or agents from “disposing of, transferring, demolishing or damaging any property... belonging to the club by sale or transfer, or otherwise acting in a manner consistent with the terms of the EGM”.

Mr Lunny said the order was now in place and added: “I have had no communication from any party to indicate that they are going to defend the action.”

About 60 people last Sunday night attended a Members Against Closure group meeting held in the Derby Inn, Bellshill.

They set up a fighting fund to pay for the costs of the legal action and 50 tickets have already been sold for a fund-raiser in Bellshill and Mossend Social Club on Saturday night.

Councillor Curran said: “The trustees should open the club again because the outcome of the EGM has effectively been vetoed by a sheriff.

“The trustees would be wrong to think that if this turns out to be a long war of attrition, we will go away.

“The club is a valuable cultural and community facility and should remain open for the benefit of the people of Mossend.”

Letters advising of the latest EGM were received by members on Tuesday.

Councillor Curran and his supporters had petitioned the trustees to call a fresh EGM because of a lack of confidence in the trustees and concern over the way the first EGM was conducted.

They will be hoping to reverse the decision to close the club and express disapproval at the way it has been managed.

Two of those against whom the interdict was issued are club president Alex Paton and vice-president Alan Poutney.

The Advertiser sought comment from both on the legal moves but neither returned our calls.

It’s believed they feel that the club should close because of a loss of cultural identity and dwindling membership.