Let us make it clear how Mr Pembertons actions helped to save the club.
- Mr Pemberton made the Gutermangate tapes, these were recordings of conversations between the 2 men.
- Guterman then served an injunction on Mr Pemberton to suppress the publication of these tapes.
- Alex Hamilton, believing that the tapes contained information that would help him in his case against Guterman , attached himself to Guterman v Pemberton as an intervening party.
- To do this Hamilton had to prove that he had a genuine interest in the case and was not just a timewaster. In order to do this he had to disclose to Mr Pemberton all the papers relating to the Hamilton v Guterman case.
- These papers showed very clearly that Hamilton and Guterman had contracts in place relating to the development of the Racecourse. Furthermore the argument that Hamilton was using in his case against Guterman was a direct contradiction of what he was arguing in his case against the football club. Both arguments could not be right.
- The significance of this information was not lost on Mr Pemberton who promptly handed it over to a very grateful Begbies Traynor.
- Begbies were planning for a court case which would have taken place at some point in the Autumn. Using the information provided by Mr Pemberton they were able to apply to the court for a summary judgement which in laymans terms is saying "look your honour, the evidence in this case is so clear and one sided it would be a waste of public money to pursue this to a full trial." As we all now know Judge Norris agreed with them and gave judgement in favour of the club. "I regard this as a straightforward case in which a fiduciary position in the Club has been misused for the benefit of those interested in the exploitation of its property assets, and they must account for the Club for the benefit they have obtained.
- David Acland later commented,"There is no doubt that our case was significantly enhanced by the disclosure of certain documents in other legal proceedings. We had already commenced proceedings (trial date fixed) and had a strong case, but it almost certainly would have proceeded to full trial and summary judgement would have been an impossibility."
Without the information obtained by Ken Pemberton it is possible that we would still be in administration.
This is why it is so important for every Wrexham fan to support Ken Pemberton Day.