The British National Party faces an urgent winding up order should Nick Griffin and Simon Darby fail to lodge £45,000 with the appeal court within 14 days.
An urgent application heard this week in the Court of Appeal before Lord Justice Rix, brought by Messrs Griffin and Darby against the order of execution which led to the seizure of a vehicle last week.
The court ruled that the BNP leader must deposit the full amount under question (£45,000) within 14 days.
The court ordered that the £20,000 previously lodged by Mr Darby with the “solicitor’s” firm Charles Henry and Co be paid into the court within three days.
The outstanding balance of £25,000 must be paid into the court within 14 days, the court order continued.
Only once this was complete, would the court consider granting Mr Griffin leave to appeal. It is important to note that this relates only to leave to appeal, and not the appeal itself. What the court’s decision means is that it seeks from Mr Griffin an assurance that if it does grant an appeal, and such appeal fails, that the money will be available to pay the creditors.
Failure to produce the £45,000 will, BNP Ideas has been reliably informed, result in an immediate application to wind up the party, amongst other steps.
This would result in the party being placed into administration. No-one would be allowed to operate in its name or use any of its assets under those circumstances, and it would effectively cease to exist as a functioning organisation.
The registered officers of the party (those whose names appear on the Electoral Commission’s register—the chairman, Mr Griffin, and the national nominating officer and treasurer—both the latter offices held by Clive Jefferson) and Mr Darby would then face proceedings on personal property and possessions to meet outstanding debts.
This is an extremely serious predicament, especially for party manager Adam Walker, who has been given only a short time to come up with a further £21,000 for a court judgement against himself in favour of an ex-party employee, Mark Collett.
Rumours have already been circulating to the effect that Mr Walker and non-party controller Pat Harrington have demanded that any spare cash be turned over to pay off the £21,000 debt.
Today’s development makes it unlikely that this amount will now be paid from party funds, as even if it had the money spare (which it does not), the “more urgent” debt incurred by the latest court action will take precedence. Mr Walker has therefore, good reason to be concerned.
The “£45,000 case” is but the first of a number of actions which Mr Griffin and the BNP face in the coming weeks and months. Further orders include an additional action for £25,000 plus costs in favour of Michaela Mackenzie; £67,000 in favour of Royal Mail; at least £120,000 for additional court costs related to the “£45,000 case”; amongst numerous others.
The shocking state of affairs — which could well bring about the end of the BNP as a political party should Mr Griffin not produce the £45,000 to lodge with the court—has been caused exclusively by the leadership’s incompetence and nothing else.