Litigation Writs 15/2/99

Housing association chairman, Jeannette York, is suing a former board member for damages for allegedly harassing her. In her writ, York, and the West Hampstead Housing Association – which she chairs – claim that Peter Rutherford sent her letters which contained veiled threats of violence, or other drastic action against her, and were vexatious, time wasting, and vituperative. Now, York and the West Hampstead Housing Association are claiming damages and seek injunctions restraining Rutherford from contacting, or addressing them, without court permission, and restraining him from harassing them. Rutherford was a co-opted member of the housing association board between January 1995 and January 1997.

Writ issued by Prince Evans, London W

Leeds Rugby Football Club are heading for a High Court showdown with the Rugby Football Union (RFU) and the English Rugby Partnership (ERP), over their decision to deduct Championship points from Leeds after they played Wendell Sailor before he was registered. Leeds RFC are seeking a declaration that the decision to deduct four Championship points was in breach of the Championship regulations, and was ultra vires. The club are also seeking an order restraining the RFU and the ERP from deducting the points – or alternatively payment of damages. The writ says that Leeds tried to register Sailor to play for them last October, certifying that both he and the club would not receive any payment, except for legitimate travel and other expenses.

However, the writ says that the RFC decided that only its chief executive should decide whether or not Sailor could be registered, and he refused to grant the application and register Sailor, or take further action until talks with a another RFC official. Leeds claims that all the requirements were satisfied and that there was no reason why Sailor should not be registered, or any basis for suspicion that he should not be. But they say RFU are in breach of the rules, and in breach of contract by failing to register him by 30 October. Sailor played for Leeds on 1 November, and in December the ERP resolved to penalise them four points. The club claims the non registered status of Sailor resulted from the breach by the RFU of its obligations to the club, and that the disciplinary sanction was inappropriate. The writ says the deduction of the points may prevent Leeds from being promoted to Premier Division One and that they will suffer considerable loss of additional profits which would be obtained after promotion.

Writ issued by Read Hind Stewart, Leeds

Contractors John Mowlem & Co and John Mowlem Construction are suing Newport-based Rowecord Engineering for nearly u900,000, over faulty metal beams provided for a building contract at Eland House in London SW1. The writ says that in breach of contract, Rowecord supplied beams which were defective, and that consequently, architects Ove Arup refused to accept them. It says that as a result, Mowlem's were faced with extra costs of u881,716.96, which included payments to other contractors because of the disruption to their construction programme.

Writ issued by Winward Fearon, London WC2