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Wednesday 8 January 2014

NICK GRIFFIN’S BANKRUPTCY AND THE EFFECT ON THE BRITISH NATIONAL PARTY’S (BNP) PROSPECTS


NICK GRIFFIN’S BANKRUPTCY AND THE EFFECT ON THE BRITISH NATIONAL PARTY’S (BNP) PROSPECTS

My first reaction on hearing about anybody’s financial ruin, even if I disagree with them politically, is to be willing to lend a sympathetic ear to the reasons why it has happened. In the case of Nick Griffin that initial sympathetic response was reduced when I read his bizarre comments about how helpful bankruptcy was going to be in freeing him up for standing in the EU elections.

This suggests a level of ignorance or silliness beyond what anyone would expect of somebody who studied Law at Cambridge University.

I then also heard stories of how he had run up an enormous bill with his solicitor fighting various, by the sound of it, hopeless cases and then it was being claimed on his behalf by spokesman (Simon Darby) that he had a claim for negligence against these solicitors.

As someone who deals regularly with bankruptcy cases I can assure anyone that it is highly unlikely that a court would have allowed a bankruptcy order to be made if any credible evidence of an even remotely arguable claim against the solicitors was put forward. No, the only conclusion from what is being said is that Nick Griffin has been behaving in a financially irresponsible and downright silly way.

The effect of the bankruptcy should however prove interesting. The first point to note is that I am told that this is Nick Griffin’s second bankruptcy. If so, he will remain bankrupt probably for his whole life as there is no automatic discharge from bankruptcy on your second bankruptcy.

Second, I am told that large sums have been hidden away in accounts and property in amongst other places, Croatia. If that is true and he does not disclose then he could well go to prison because failure to cooperate with your Trustee in Bankruptcy is a serious criminal offence. Whilst he is not automatically disqualified from office or for re-standing for the position of a Member of the European Parliament as a result of his bankruptcy, if he is sentenced to an even suspended term of imprisonment of more than a year, then that does deprive him of office and disqualify him for five years.

Even more interestingly and politically significant is the effect on Nick Griffin’s position as Chairman and Leader of the BNP. The BNP constitution is now quite an enormous morass of strange terms like “final determinator” and runs to over 90 pages.

The general law is that membership of a political party is, in legal terms, equivalent to membership of, for example, a golf club, and the same rules and principles apply to both. It follows that membership of a political party is a “proprietary interest” which along with all other proprietary interests are automatically transferred on bankruptcy from the bankrupt to initially the Official Receiver and then after the creditors have had their meeting to whoever has been appointed as the bankrupt’s Trustee in Bankruptcy.

The job of the Trustee in Bankruptcy is, of course, to gather in as much money as possible for the bankrupt’s estate, sell any properties that he has got and pay himself and the creditors as much as possible.

So one of the “assets” that the Trustee in Bankruptcy will hold is Nick Griffin’s membership of the British National Party. This means that as of this moment Nick Griffin is not a member of the British National Party. He cannot resume his old membership except by buying it from the Trustee in Bankruptcy and unlike most clubs the BNP’s constitution does not expressly provide that membership is either personal to the individual or automatically terminates on bankruptcy. Office within the British National Party would appear to be personal, but is restricted to only those who have long-standing and continuous memberships. It follows from this that Nick Griffin is legally no longer either the Chairman or Leader or the holder of any office whatsoever in the British National Party.

You may ask what Nick Griffin could do to get himself back into the position of legally being Chairman or Leader. The answer to this is that it would be difficult because the BNP has a rule against new members having office. The Chairman has the power to waive the rule, but obviously there is no Chairman at present. It follows from this that the rule would have to be applied and that imposes a probationary period on any new member before they are allowed to become an office holder.

If anybody from the BNP who is reading this has any interest in becoming Leader and/or Chairman of the Party, then the way is wide open. The present situation is that Nick Griffin cannot properly stand for re-election. It will be interesting to see in the coming weeks whether anyone in the BNP takes up this opportunity to take-over the Party!

I have also noticed that on Facebook and generally over the internet there are comments from Adrian Davies who I understand has been involved in some of the cases against Nick Griffin and the BNP that have led to Nick Griffin’s current situation. As a solicitor practicing this area of law I would say that I do thoroughly agree with Adrian Davies’ analysis.

The idea that all of this is in anyway beneficial either for the British National Party or for Nick Griffin is a strange one. Here is what Adrian Davies has to say:-

''How will the creditors get paid? Here’s how. The party’s constitution gives the chairman an indemnity out of party funds for liabilities incurred qua chairman. Obviously the party’s assets cannot be seized to pay his private debts, but the debts due to Gilbert Davies were indisputably incurred while acting as chairman, not for Gri££o’s private purposes.

Upon the chairman’s bankruptcy, the trustee stands in his shoes and can pursue the indemnity whether the bankrupt likes it or not. The bankrupt probably won’t like it, but that is neither here nor there.

Even though an unincorporated association has no legal personality, and is not within any part of the Insolvency Act 1986, the High Court has an inherent power to wind up an unincorporated association; see Re Lead Company’s Workmen’s Fund Society [1904] 2 Ch. 196 and Blake v. Smither (1906) 22 TLR 698. The Court also has the power to appoint a receiver of the BNP’s assets to give effect to the trustee’s indemnity.

Because Gri££in doesn’t pay his own solicitors, he has trouble in obtaining legal advice, and generally relies on an unqualified crony and barrack room lawyer. As a result, he has not anticipated the consequences of his bankruptcy and does not understand them.

No doubt the trustee will exercise these powers. Any person operating “fronts” for the party would be at risk of contempt proceedings, and orders to account to the receiver or liquidator for monies received by them on the party’s behalf. Any person assisting the bankrupt in concealing assets or assisting the treasurer of the party in concealing or dissipating funds will be made personally liable.

The last part should be a warning to any of those who may be foolish enough to hide any assets which are sought after to pay debts owed.
More so as there are two other long running claims coming up, which may be as much as 175k."

28 comments:

  1. Excellent and clear headed analysis of the situation! It's nice to know some people in nationalism know what they're talking about.

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  2. Whatever else, one statement by Griffin sticks in my mind, namely that he said that mass immigration will lead to the slow genocide of the indigenous English people (no such thing according to the three main parties). He was immediately rubbished by the Archbishop of York who hails from the dark continent and the then Archbishop of Canterbury, a Welshman even though he sounds about as Welsh as Alex Salmond.
    You can't fault him for having spoken the truth.

    Today we are told by European Commissioner Vivian Reding that the British/English have created a myth that their country is being invaded by foreigners. I can't remember where he comes from , be it the Continent or Ireland but either way he probably doesn't give a jot about there always being an England. He is right, it is a myth as the invasion and colonisation by peoples from all over the world is now largely complete bar the shouting; another few thousand won't make much difference but it might save a few more green fields from being covered in concrete.

    I think I have just read that the EU is looking on the next euro-elections as the springboard to a United States of Europe. I remember an interview with Szarkozy's first wife on Russia Today, another cosmopolitan like our three party leaders with Russian and Spanish parents. She said that Europe must be like America where people can move around at will; but she admitted that the question of national identity was proving a bit of a stumbling block.

    The fact is that most Europeans never wanted their homogenous countries with their individual cultures being turned into the multicultural mish mash and cultural void that is the United States. 2,000 plus years of European culture are not to be sacrificied for junk food and dumbed down tv. One interesting comment I heard from an identitarian as those who want to preserve national identities are called - and Enoch was one - is that the rivalry between European nations led to Europe's creativity and advancement - and they are sacrificing all that for what?
    They are all as mad as hatters.

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  3. The sooner Nationalism get's rid of Gri££in the better.
    What a total disgrace not paying debts, he even got a Printer sent to prison because the Printer asked to be paid.
    The printer did work for Nationalism, thinking he would get paid after the job was completed, how wrong he was .
    His Family business run for years had to close, so much for" jobs for British workers".
    Gri££in is a total con man.

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    1. Puzzling how a Cambridge graduate with the supposed intelligence to promote nationalism would bring it to its knees. Are you sure he is not working for "them" rather than us?

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  4. I used to be a member of the BNP until the 2011 leadership election in which Mr Griffin was unfortunately re-elected. Also, before he went on Question Time, I had high hopes that the BNP would start to really challenge the political Establishment in this country with their disastrous anti-British policies. Certainly, they were doing that and this continued till the election in 2010 after which the BNP fell apart.


    I am not a member of any party at the moment but I believe that the new British Democratic Party may hold some hope for the future. Griffin should quietly go now as he damages not just the BNP but nationalism in Britain more generally and that is to be utterly deplored.

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    1. This BDP seems like another nationalist party. We already have UKIP deemed to be nationalist and being steered by events in Scotland towards the idea of an English Parliament, the EDs, the BNP, the British Democratic Party now and Paul Weston's Liberty GB. I could be wrong but on the Continent and Scandinavia nationalist sentiments seem to be contained within a single party in each country. This fragmentation is leading nowhere.

      In fact, as I have said, it is time to pool all European nationalist parties if at all possible into a single entitiy,especially where the euro-elections are concerned, under the anti-globalist flag.
      Geert Wilders and Marine Le Pen have already met up but that is about it.

      On another tack, I have been reading the blurb in the Radio Times about the programme with Neil Oliver on the examination of the supposed remains of Alfred the Great retrieved from the site of Hyde Abbey where they were re-buried and then forgotten about after the dissolution of said abbey. The writer has said that, unlike with Richard the Third's remains, it would now be difficult to find a dna match in one of Alfred's descendants as after 1100 plus years, "we are all related to Alfred". I think it was a lady writing but presumably she could discount most Scots, Welsh and Irish in her search. As for those living in England she could also discount the new British. What a racist statement to suggest that the only people living in England are those of us descended from Alfred. I suppose she is going on the pretext that we used to say that we are all related to the Queen which the indigenous English probably all are. But to exclude those who have come to enrich our societies from far-flung corners of the globe and could not fit those criteria is very naughty and I think the women should be done on ground of incitement to racial hatred. Yes, I am writing tongue in cheek but this underlines how you go from unity to total disarray in 60 years. The results of the analysis of Alfred's remains is still being kept under wraps but if they do find Alfred then this could cause a bit of a panic in the pro-multicultural ranks as the re-mergence might just get the English a bit too conscience of their identity and how it is being obliterated. Come on Alfred, rise from your grave and set us free!!

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    2. continued confusion between English and British

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  5. If it were at some point to be revealed that he is state asset, then to hang around inorder for nationalism continue to be damaged by his presence is maintained would be the tactic!

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    1. Not sure if I understand that. If he goes then surely his deputy should take over. Is that Andrew Brons/ Personally, I am assuming that both Griffin and Brons will loose their euro-seats in the coming elections.

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    2. It is about 99% certain that both will lose their seats. Andrew Brons resigned from the BNP and is now involved with the new British Democratic Party (BDP) which will hopefully not make the same kind of massive mistakes the BNP did.

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    3. Hopefully the BDP will make the same mistakes as the BNP and leave the field clear for English nartionalism.

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    4. Why? Is that because you support the break-up of the United Kingdom?

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  6. We have already learnt from Russia Today that UKIP's Steven Woolfe has been in Lincolnshire drumming up support from the indigenous English (his own term for potential voters). Now I have learnt that UKIP are setting their sights on the West Country. Basically, as must the EDS do, they are targeting areas to which the English have fled to escape multiculturalism.

    They have worked out that potential voters will not only be those who have sought the comfort zones of their own kind after being forced out of areas where their family may have lived for generations by the arrival of the New British but also the locals who have had to deal with the influx of wealthy people who have upped the house prices and left them with no hope of being their own homes. The housing crisis is not confined to urban areas and the only ones benfiting are George and David's mates, the property developers and estate agents.

    There is another point. Many of those who have fled to such areas will be retired folk whose memories stretch back to a time when England was a homogeneous and unified nation with a very distinct national identity that they never thought would be eradicated and whose eradication they do not welcome.

    Eventually these areas will be full to bursting and there will be no more building land left as most are in National Parks or areas of outstanding natural beauty. Not that the latter is helping round here. As this point is reached we hope that the English will begin to turn the tide. The present position is unsustainable on the grounds of over-population and gross environmental damage and mass immigration is going to have to go into reverse. How our movers and shakers never reached that conclusion 60 years ago is a mystery to me. They undoubtedly did but hoped that they would either be dead or would jump ship before that day came. Indeed I view mass immigration and its accompanying genocide as a murder mystery. There are plenty of suspects but nobody has been able to put their finger on who is the ultimate genocidalist. It is to be hoped that the genocidal clique will ultimately reveal themselves in an act of hubris or over-confidence. For the moment they are determined to press on with further UN backed mass third world immigration into Europe and countries of European settlement. Just as Europe became over-populated thanks to the arrival of the humble potato and expanded so the Afro-Asians are doing the same in reverse, potato or not.

    I happened to catch the end of Esther Rantzen on "Who do you think you are" on Yesterday last night standing in the Jewish cemetery in Warsaw; all that is left of Warsaw's Jewry after the Nazis razed the Warsaw Ghetto to the ground. It was truly terrible; but because of it Europeans have been unable to say no to mass non-european immigration. Two wrongs do not make a right; and there are more subtle ways of bringing about genocide.

    By the way has anybody picked up on the fact that the Left are beginning to realise that mass immigration might have been a mistake. If anybody has chapter and verse that might be interesting to know.
    Sadly, because they are so cerebrally challenged they never realised 50 years ago when the slogan was, "if you want an immigrant for a neighbour vote Labour" that it would all end in tears. Enoch tried to tell them but they hadn't got the intellect to follow his drift and just screamed the usual accusations.

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    1. The South West and the South East are always going to be UKIP's stronghold.
      The danger is that Ukip gets established in the North.
      The South is blue, the North is red. The Tory party hardly exists outside of North Yorkshire and the Lake District. The North should belong to the English Democrats. Ukip is the disillusioned right wing of the Tory Party. Only the EDs are neither right nor left, but English - England's only extant nationailst party.

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    2. Even the Lake District is no longer Tory. They lost the seat which comprises most of that area in 2005 and in 2010 the Lib Dem victor won it by a huge landslide. The Tory Party is becoming extinct even in the prosperous and rural parts of the North.

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    3. UKIP is a ultra-Thatcherite Tory Party which means its social appeal is fairly narrow. They have no chance of winning the by-election which is coming-up in Greater Manchester. They will probably come a good second but that will be their high water mark in the seat.

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  7. Hollywood is about to bring us another slave film, following Lincoln and Mandela. The aim seems to be now to further saturate Europeans in post-colonial and post- third Reich guilt. Still the programmes about the evils of Nazism ( despite the fact that for many muslims Hitler was a hero) are broadcast on some channel day in day out. We are now drowning in it and the mass non-European immigration that it has brought about will eventually obliterate Europeans, now only 8% of the world's population whereas Africans and Asians are numbered in billions.

    There is a strange irony in the fact that this latest offering could never have been made in Black Africa, nor could never have been made at all if it had not been for Europeans. Plus it was the Africans who sold their own into slavery, with a little help from David Cameron's anceestors. It would be nice to hear non-Europeans actually show gratititude for the level of civilisation and inventiveness we have given to them and the fact that we gave them independence when they demanded it. But independence was not enough, they wanted to come to Europe and countries of European settlement so we could still rule them as if the empires had followed them here, as well as them following the empires home. Eventually this guilt will completely overwhelm and destroy European civilisation. It is only a matter of a few decades now. And when this has been achieved, India, Africa and Pakistan will be unchanged and much as they were before the age of European colonialism took place. As difficult as it will be, it has to be time now for Europeans to say that, like the Roman and other empires before them, European empires were a mixture of good and bad and those affected by them have just got to accept this. As it is we are bombared with demands for money on tv to help them in their homelands whilst coping with their demands to settle in the First World as well. This cannot go on; land and money are not inexhaustible. And why is it only Europeans that are expected to help their countries of origin. Surely they could try doing something for themselves.

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  8. Griffin will doubtless find a way to carry on aimlessly no matter what.
    But what seems to prevail amongst a section of nationalist parties such as the BNP is their no compromise policy. The idea appears to be that if there is an adherence to a set of core fundamental principles for long enough the mass of people will eventually be won over. But I don't think there is much interest from the public to vote for parties which espouse an explicitly race based message and who advocate alliances with the Golden Dawn party. There also seems to be no acceptance by 'core' nationalists of the prevailing situation which they are in. The 'left liberal' media does have huge sway on public opinion and the situation is not going to change any time soon. This blog has already highlighted the kind of tricks the mainstream political parties will play, such as Labour's plan to deceive its voters into believing that they heed the public's concerns over immigration.
    Personally I don't have much time for UKIP the international business party, and also accept that much of their latent success has been due to the massive air time they receive on the BBC as the 'safety valve' option. But Farage does seem to accept that he will have to play the game and I thought his recent comment favouring Britain's acceptance of Syrian Refugees was an example of this. UKIP are seen (rightly or wrongly) as the 'anti-immigration' party so he was able to appear 'respectable' whilst the Tories were made to look like the intolerant ones.
    The BNP will never realise that as a result of the prevailing situation there isn't going to be some kind of realisation and acceptance to 'core' BNP principles at any point in the future. Unless a more pragmatic approach is taken then the any resonance of Britishness will be lost completely.

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  9. the English Democrats need to get their skates on for the Wythenshawe and Sale East by-election occasioned by the death of Labour's Paul Goggins. UKIP is already up and running and intend to use Wythenshawe as a bridgehead in the North. Wythenshawe, with its large working class population should be natural territory for the EDs. It is not natural territory for the anti-English pro-British UKIP which is essentially a party of the traditional Tory south.

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  10. Whatever the rights and wrongs of the current BNP leader it cannot be denied that he and the BNP were up against a brick wall. The MSM controls the media and it is they who decides which party wins the the next General Election or whatever. The BNP like the EDP are seen as enemies of the current ruling elites so smears and lies abound. Of course this inevitably leads to expensive defamation lawsuits which may or may not be won due to legal procedures such as payments into Court of whatever.

    Nick Griffin may go down, but someone else better will replace him. We saw this with the IRA/Sinn Fein - take out their leaders and another 10 more dedicated people replace them.

    The establishment is foolish - they are playing with fire and one day soon there will be bloodshed on our streets again but this time constantly.

    England's problems mirrors that of Ireland's 100 years ago and our leaders have never attempted to learn.

    I'm afraid there's going to be a major race war whether we like it or not. The BNP, EDP and others are probably the last hope we have before full scale hostilities.

    francis

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    1. Yesterday I was speaking to somebody who has friends in South Africa. From what he was saying they might be Afrikaaner farmers and I must check him out on that one and ask him if they are fearing for the future.

      However, he told me that the hotel that he stayed in is surrounding by a security fence and that he would never dare walk the streets at night. Is this what we will have to face when we have a white minority here as well? The remaining whites will be living in condominiums. The mystery is that those who began all this did not look to America, South Africa, Brazil, Kenya, Uganda etc and not realise that it never works anywhere. They must be barking mad.

      With everything else that has happened by way of the financialisation of the world and the takeover by banking cartels and the multinationals, including the EU and its successor the one world state, I can only think that white genocide was part of the plan. In a way you can subsitute Marxism for Nazism and the white race for the Jews. The only difference is that, as far as I am aware although I could be wrong, there were no Jews openly call for the disappearance of the the Jews in the belief that this would benefit mankind, whereas there are plenty of left-wing liberal whites who think that the day that the whites disappear there will be heaven on earth. This will not be the case, the difference will be that the whole world bar the far east will look like Africa, India and South America. The Chinese will be top dogs with the Japanese but lacking Europeans' inventiveness, which they freely admit, the world will just come to a grinding halt, if not go into reverse. But these people don't seem to have figured that one out so eaten up are they with hatred of their own race; they seem to be suffering from an extreme form of self-hatred.

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    2. The BNP is finished and UKIP is a flash in the pan which will not last much after the EU elections this year. The English Democrats are only genuinely English party.

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    3. Forget the Americans, South Africans, Brazilians, Kenyans, Ugandans and the rest. Concentrate on the survival of the English as a nation under threat of extinction by the UK's anti-English establishment

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    4. With regard to "12 years a slave" and its like, it is now becoming obvious that the process is taking place in the English-speaking world at least that was announced around 60 years ago, namely the promotion of non-Europeans at the expense of Europeans so as to encourage intermarriage and the disappearance of the former. With regard to Europeans, whites if you prefer, the aim is to so denigrate them and their achievements and so encourage white guilt that they will fall into the trap and go along with what is planned for them.

      It is becoming obvious that generations of our politicians have been bribed or blackmailed into going along with this plan whilst being promised an ultimate safe haven in some tax haven when the inevitable bloodshed ensues.

      It is my belief that Enoch Powell, with certain others, was privy to what was planned and in his naivete expressed his horror at the planned genocide and attack on European Christian Civilisation of which Russia is our last defender.
      With his logical brain he thought it imperitive to speak out and must have been genuinely shocked when he was silenced after speaking out against such an evil plan. The mystery is that the English on the whole have been so brainwashed and manipulated that many have not realised that what has happened was no accident but is a decade long plan to benefit a plutocratic few and confine the rest of us to history.

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  11. i have read the 1965 race relations bill and memo. all of the queens loyal subjects were protected from discrimination under the 1936 public order act. So why did we need race relations act? the bill talked about reverse discrimination but did not define it. This is the single biggest problem we face and until reverse discrimination is defined in legal terms we have no legal recourse

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  12. RB is himslf irresponsible and has no money.

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  13. What say you on the fact that NG is now President and has stepped down from Chairman?

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