Tag Archives: Philip W Brewer

Freeholds Reclaimed, Disbursements and Pension Fund top-ups promised as SPCK settle dispute with SSG

IT’S BEEN A SLOW TRAIN COMING, but SPCK have at long last drawn a line under their long-running legal dispute with SSG, the charity set up by Phil & Mark Brewer to run, but which ultimately ruined, the the former SPCK bookshops. In a news bulletin posted yesterday, Friday 14th September 2012 — just short of six years since the original handover of the shops to SSG was announced — SPCK declared that it had “finally concluded” the matter with “a predicated settlement involving the return of some shop freeholds or their realised value” and further anticipated “substantial disbursements – as yet unquantified – and legal costs which will be clarified in the coming months.”

Describing the settlement, Simon Kingston went on to say,

In particular, SPCK is committed to paying substantial sums into the fund relating to the pension which was operating in the days of the shops.

Congratulations must be made to Simon in particular for his quiet determination and persistence in pursuing this matter to a conclusion. The damage done by the Brewer brothers can never be undone but most of those who suffered at their hands should now be able to begin to look forward to a brighter future and, hopefully, some measure of restitution.

SPCK News: SPCK Legal Dispute Concluded

SPCK News: SPCK Legal Dispute Concluded

Full Statement: SPCK Legal Dispute Concluded

SPCK is pleased to announce that it has finally concluded its long legal dispute with Saint Stephen the Great Charitable Trust. Simon Kingston, CEO and General Secretary, says: “We are very glad to have brought this difficult matter to a conclusion at last. It has been painful for everybody, and particularly for the staff of our former shops. We therefore welcome the news that SSGCT is unlikely to continue as a charity.

“We are now in a better position to focus all our energies on our core aim of bringing knowledge of the Christian faith to the whole world.”

As part of the agreement, SPCK receives a predicated settlement involving the return of some shop freeholds or their realised value. This will be reflected in SPCK’s annual accounts. However, we anticipate substantial disbursements – as yet unquantified – and legal costs which will be clarified in the coming months.

“Funds from this settlement will be vital at a time that is so challenging financially,” said Mr Kingston. “In particular, SPCK is committed to paying substantial sums into the fund relating to the pension which was operating in the days of the shops.”

The Rt Revd John Pritchard, Bishop of Oxford, Chair of SPCK, also welcomed the announcement. “This is good news for SPCK and good news for the Church. Now that this is resolved, SPCK can look to the future with confidence.

“And there is plenty to celebrate. Last year, for example, SPCK gave away 12,000 International Study Guides to students training for ministry in some of the poorest parts of the world. Closer to home, the (free) Assemblies website had 37 million hits, and the charity sold over a third of a million books in the UK and another 300,000 overseas. There are more exciting developments in hand for 2012, including the launch of resources supporting literacy in prisons.”

 

Philip Brewer files for Chapter 7 Bankruptcy in California

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

PHILIP BREWER has filed for Chapter 7 Bankruptcy in California, Case No. 9:11-bk-14384-PC.

The Bankruptcy Notice states that a Meeting of Creditors is scheduled to take place at 10am, Oct 17, 2011, at 128 East Carillo St, Santa Barbara, CA 93101.

The deadline given for filing objections to Debtor’s Discharge or to Challenge Dischargeability of Certain Debts is Dec 16, 2011; and the deadline to Object to Exemptions is thirty days after the conclusion of the meeting of creditors.

Reverse of Notice: Explanations

Reverse of Notice: Explanations

The reverse of the notice provides important explanations including advice to creditors with foreign (ie non-USA) addresses, who should consult a lawyer familiar with United States bankruptcy law if they have any queries about their rights in this case. It also gives other important information about certain actions that creditors are prohibited from taking, such as contacting the debtor to demand payment or taking action to collect money/obtain property.


Disclaimer: This post is for information only and does not constitute any form of legal advice.

Durham Cathedral Staff Tribunal Starts

Our thanks to Valiant For Truth for bringing to our attention that in The Journal Newspaper yesterday there was an article of great import to those who frequent this site,

Durham Cathedral Bookshop Staff Launch Legal Fight

This in many ways marks the official start of Durham Staff in their fight for Justice against the Brewer Brothers and their tactics of playing fast and loose with employment law and the rights of workers to be treated fairly and dismissed in a right way.

However Durham Cathedral itself via their trading arm are also in the dock as it were, again something that may not come as any great surprise to readers of this blog who have at times been dismayed, upset and hurt by some of the Cathedrals inactions and actions throughout the saga.

The article begins by saying:

CATHEDRAL bosses could become embroiled in a complex legal fight after bookshop staff launched tribunal proceedings.

Six workers at Durham Cathedral’s bookshop are seeking compensation after their employment was allegedly terminated when the shop unexpectedly closed on January 22 this year.

But confusion has arisen over who is potentially liable for any payouts and proceedings have been listed against several different companies, including the cathedral’s trading arm, Durham Cathedral Trading Ltd.

The article then goes on to say:

Miss Jeram, representing the Trust, (inserted clarification for blog readers – that’s SSGCT) said: “There are a number of uncertainties. There has been a great deal of confusion right from the beginning over their employer.

“The only issues can be who the employer was immediately prior to the closing of the bookshop and who the employer was at any time after that, in the period between January 22 and March 1.

“We’ve got to consider whether the claims should be struck out against the first respondent. At some point after June 2007 and before July 2008 it is my understanding that the Brewers attempted to wind up SSG LLC in Houston. After that time their employer could not have been SSG so it would have become the Durham Cathedral Shop Management Company.”

Claims against employers involve redundancy pay, unfair dismissal, breach of contract and unpaid work.

Sara Brody, representing the staff on behalf of shop workers union Usdaw at the hearing, argued the Trust should remain on the list of potential employers.

She said: “The claimants believe the Trust was their employer throughout, so their primary claim is against the Trust.”

Last year Durham cathedral bosses served SSG notice to vacate the shop, the last in the UK to be involved with the Trust, by May of this year.

Again these issues as raised are nothing new to anyone aquainted with this situation, previous tribunal actions and this blog.

So again we would ask that anyone who has any information, paperwork or correspondence of any sort that could help USDAW and the Durham staff to clear up the issue of employers please do get in touch with them directly.  Anything that demonstrates who people believed they were doing business with or indeed were doing business with during the time frames mentioned can all help in proving who the employers were and give credence to the staffs perception of employer, so please do get in touch with USDAW and offer your help to them in making sure justice is again done.

As always our thoughts are with those involved in this action and we hope for a swift and just outcome for the Staff at Durham.

A Tangled Web for Creditors as Durham Cathedral announces plans to Re-Open Shop under its own Management

Phil Groom writes:

Update, Feb 17, 2010

The original news item this report relates to has vanished from the Cathedral website. Now copied into a comment below for reference.

Following last week’s announcement that the Brewer brothers had pulled out of Durham Cathedral ahead of schedule, the Cathedral have now announced a date, 1st March 2010, for the shop to re-open under its own management: The Cathedral Shop – A New Beginning

Due to problems with the roof of the Great Kitchen, where the former SPCK bookshop was situated, the shop will initially open in the entrance area of the original shop with a “focus on the needs of visitors to the Cathedral”. Those who have raised concerns about the need for a good theological bookshop are offered some reassurance, however, as the announcement continues, “As soon as arrangements can be made, a larger shop will open with a wide range of theology books and church supplies.” The new shop is eventually expected to be located in the Undercroft, opposite the restaurant.

Parts of yesterday’s announcement, however, could almost have been written by Philip W Brewer himself and will no doubt leave creditors scratching their heads in bemusement:

From yesterday’s announcement:

The Cathedral cannot deal with any inquiries relating to the former shop which should be directed to St Stephen the Great Trust. …

Organisations will need to establish new accounts since this is a completely new business…

From Philip W Brewer’s instructions to staff when ‘Durham Cathedral Shop Management Company’ was established in March 2008:

Please work with your suppliers as a new entity. Ignore whatever was and whoever was in the past. We are now a new company, with no relationship to the old going forward. So, contact your suppliers, tell them the drill, that you are a new company and that you would like to begin trading. When and if asked about billing, tell them they should process that at vendor-accounts, as you are not aware of how they are paying old invoices, etc. they will need to chase Saint Stephen the Great Trust as they have been doing.

Last year I and several others contacted Peter Gotham, Interim Manager of the St Stephen the Great Trust, urging him to seize control of the Durham shop as he had with others. He responded by insisting that the Durham shop did not come under his remit and refused to take responsibility or comment further on the matter.

If not the Interim Manager, to whom should those with enquiries about the former shop address those enquiries? Perhaps the Cathedral Chapter, whom one hopes has a little more integrity than Philip W Brewer, will post contact details for the division of the St Stephen the Great Trust towards which they are directing enquirers?

Finding Phil Brewer

Phil Groom writes:

A number of suppliers and other creditors have been in touch to say that Phil Brewer is not responding to emails or other business correspondence. That’s his prerogative, of course, and hardly surprising given his shameful record of business practice here in the UK. I remain completely astonished that despite knowing the facts about his abusive treatment of his employees and the utter contempt he has shown towards his business partners, the powers-that-be at Durham Cathedral continue to provide him with a foothold and safe haven from which to operate: he should be summarily evicted.

Be that as it may, however, here’s a summary of the contact information that I have for him. All of this is drawn from publicly available sources, largely from a simple Google search for Philip W Brewer. A search for his brother, J Mark Brewer, is similarly rewarding, but for today, let’s focus on finding Phil:

You’ll find more info, as well as a round up of creditors already paid, here:

So no more excuses: send the man a Christmas card today; and why not drop the powers-that-be at Durham Cathedral a line as well to tell them what you think of the ongoing situation there? A Christmas card for the beleaguered staff at the Cathedral bookshop might go down well too, come to think of it…

Official Usdaw Press Release: Victory for workers sacked by email

Download Full Press Release (pdf, 224kb)

Download Full Press Release (pdf, 224kb)

Phil Groom writes:

Usdaw released the Press Release (html | pdf, 224kb) copied below today, Wednesday 19 August 2009. The Notes to Editors appended to the press release give a superb summary of the whole Brewer debacle to date, so be sure to click through to read that; and don’t miss this BBC report: Sacked bookshop staff win payout!

The story is, of course, far from over yet, with Philip W ‘Slippery Fingers’ Brewer apparently still in personal control of the Chichester and Durham shops. Reports emerging indicate that the Charity Commission are closing in, however…

Victory for workers sacked by email

32 sacked Christian bookshop workers have finally won a substantial payout with the help of shopworkers’ union Usdaw.

The workers were employed by the long-established SPCK chain of Christian bookshops until they were transferred to a charity called Saint Stephen the Great Charitable Trust (SSG) in November 2006, controlled by two American brothers, Mark and Philip Brewer.

The Brewers tried to force the staff to sign new contracts which gave them longer hours, fewer holidays and poorer pension rights.

Between February and June 2008 the 32 workers were sacked by the Brewer brothers, with many getting the news by e-mail, breaking UK employment law.

Usdaw launched a legal fight to help the workers get justice and the money they were owed when they were sacked, lodging claims in the Employment Tribunal.

Heather Leather, one of the sacked workers, said:

“We were so pleased to have Usdaw behind us when all this happened. At the shop where I worked the staff had a total of more than 100 years’ service between us. We simply didn’t know what was happening when the Brewers started all this, and we never expected to be treated this way, when we had done nothing wrong. But Usdaw was behind us from the start and guided us round all the legal hurdles the Brewers tried to put in our way.”

John Hannett, Usdaw General Secretary, added:

“We are delighted that these long-serving and dedicated members have finally won the compensation they deserve. We believe they have been treated appallingly, with no regard for British law or for the loyalty of the staff.

“Usdaw’s Legal Department has worked hard to ensure that justice was achieved for these workers. Because the case was so complex, affecting people in shops across the country, they would never have been able to get such a great result without the backing of a union, and Usdaw is proud to have been able to help them.”

Philip Brewer files for Chapter 13 Personal Reorganization

Phil Groom writes:

The excerpt copied below is from a notice posted at AzBiz.com under Daily Territorial > Bankruptcies > bank 8/3/9 and bank 7/30/9 (h/t asingleblog). Keep reading: there’s more

Comparing Notes: What a Bookshop Shouldn’t Look Like, and What It Should

Phil Groom writes:

Thanks to asingleblog for permission to repost these pictures from the Durham Cathedral Shop:

Holy Week in Durham Cathedral Shop, 1 and 2 Durham Cathedral Shop, Holy Week 2009, 3 and 4

This, then, is how the shelves were looking during Holy Week this year in what was once described as one of the UK’s finest theological bookshops; and these “are just a few photos,” says asingleblog. “Some shelves are entirely empty.” 

As asingleblog asks, How bad does it have to get? Instructing staff to lie to suppliers about the company’s liability for its debts, trading without a valid Certificate of Employers’ Liability Insurance and failing to keep the shelves adequately stocked — not to mention the question of how much of this remaining stock is in real terms stolen property, belonging to unpaid suppliers! This is now Durham Cathedral’s heritage, this is what Durham Cathedral now offers to its visitors courtesy of J Mark and Philip W Brewer.

At the time of writing our petition calling upon the Dean and Chapter “to take decisive action now to rescue the shop from further decimation” runs to 364 signatures. Alan Parker, the 357th person to sign it, asks:

Is the North East going to be the forgotten region for access to vital Christian literature? This is in fact the cradle of Christianity in England!

For comparison, I offer you these pictures which I took at the beginning of Lent, during a visit to Sarum Books, Salisbury, a fine example of how a Christian bookshop ought to be stocked, making the most of every inch of shelf space:

Ready for Lent at Sarum Books, 1 and 2 Ready for Lent at Sarum Books 3 and 4

Pursuing the Brewers: Contact Info, Facts and Resources

Phil Groom writes:

An unpaid supplier has asked for contact information for the Brewers with a possible view to pursuing them through the courts: I’ve posted the info I have at the bottom of this post, which is all a matter of public record, but I’d like to run through a few points before we get to that.

Suppliers Discussion Group

At the end of last year we set up a private online Suppliers Discussion Group in the hope of facilitating the possibility of a joint action and/or coordinated response. That group still exists: if you’re a supplier and would like to join the group, please request an invitation. Whether or not it achieves anything is entirely your call, of course, but if you simply sit there on the sidelines moaning that nothing’s happening and no one’s doing anything, what do you expect? Ask not Who’s going to do something? but What can I do?

Today is Good Friday and yes, if you take a stand there’s always the risk that, like Jesus, you’ll end up crucified. That’s part of the deal when you follow Jesus and if you didn’t take that on board when you signed up, that’s either because some evangelist wasn’t telling you the truth or because you didn’t read the small print, even though it’s writ large on every page of the Gospels. Christianity isn’t a shortcut to health-and-wealth: charlatans like the Brewers who use Christianity as a way to pimp their own egos and empires are wolves in sheep’s clothing. Sermon over: if you haven’t got it by now, you probably never will.

Taking a Stand

So what, in practice, has happened when people take a stand against the Brewers? They’ve been paid. Every case we have on record of either an individual or an organisation/company tackling the Brewers head-to-head has resulted in settlement; and when J Mark Brewer attempted to take himself to court in his bogus bankruptcy filing, the only thing he demonstrated was his own incompetence, to the point where the court threw him out as a laughing stock. The only way he was able to get out the hole he’d dug for himself was to hire another attorney to haul him out: the man is, quite frankly, an oaf. As a friend of mine is fond of saying, the facts are friendly. 

Cases Resolved So Far

1. Via this blog:

2. Listed by Brewer himself in the official SSG Statement of Financial Affairs (pdf) filed June 19, 2008, with the US Bankruptcy Court, Texas:

  • TBS, The Book Service: Stratford upon Avon County Court, refs PJS/091710 and  8SV00246, p.7.
  • Nick Johnson, refs 1806366/2007 and 1806489/2007, p.6.
  • Kirsty Smith, ref 7QT61858. Listed as ‘Pending’, p.6, but since resolved.*
  • Melanie Carroll, ref 2600803/2007, p.6.
  • Miss A C Speddings, ref 2801875/2007. Listed as ‘Pending’, p.6, but since resolved.*
  • Mike Pickering, ref 1502210/2007, p.6.

* Information supplied in private correspondence.

Most of these have been out of court settlements. Why? Because, quite simply, the Brewers know they don’t have a leg to stand on. The bankruptcy filing scam and the transfer of company assets to other companies were nothing more than a ruse set up in an attempt to evade SSG’s creditors: any review of the evidence will almost certainly result in them being laughed out of the court.

Certificate of Employers Liability Insurance

Certificate of Employers Liability Insurance

Furthermore, here in the UK, SSG has not gone into administration since the case was thrown out of the USA courts; and despite Philip W Brewer’s protestations that there was “no relationship going forward” between SSG and the Durham Cathedral Shop Management Co., we now have very clear evidence of precisely that continuing relationship in the form of the shop’s Certificate of Employers’ Liability Insurance issued in the name of St Stephen the Great Trust (Policy No. SB06000002/05ACI0125269) for the current period November 2008 – October 2009.

Whether a certificate issued in the name of one company to cover employees of what is ostensibly another company is valid is another matter, of course: I’ve asked Ecclesiastical for clarification. The point here, however, is that the Durham shop and, I’m told, the other shops are displaying this certificate: SSG accepts liability for the Durham shop employees. Any claims that the company has ceased trading and has no liability for other aspects of the shop’s business such as its debts are dubious at best if not complete codswallop. 

Thanks to Melanie Carroll for pointing out that the cost of starting a Small Claim through the Courts is relatively small — as little, in fact, as £25 for a claim up to £300 (Fees Leaflet [pdf]) if submitted via the Money Claim Online service, although this service requires an address in England or Wales where documents may be served. If you back up your claim with appropriate evidence — by visiting a shop and taking a photograph of an item you supplied but haven’t been paid for, for instance — you should be in with a good chance. See HMCS (Her Majesty’s Court Service) Making a Claim for practical guidance on submitting a claim or contact the HMCS Helpdesk.

Resources

Brewer Addresses

The Brewers’ addresses are a matter of public record:

1. From the SSG/SPCK Bankruptcy Filing documents:

J Mark & Philip W Brewer - addresses filed with the Texas Bankruptcy Courts

J Mark & Philip W Brewer - from the Texas Bankruptcy Court Documents

2. From Brewer & Pritchard PC, Contact Us page, which also includes a form for submitting messages directly online:

J Mark Brewer
Brewer & Pritchard, PC 
Three Riverway, 18th Floor
Houston, Texas 77056 
.
Phone: 713-209-2950
Fax: 713-659-5302
Email: brewer@bplaw.com
.

3. From Pima County Court Records, pdf | html (Links broken? Try a Google Search for P21-06-033)

Phil & Beth Brewer
2610 W Bountiful Lane
Tucson, AZ 85742
.

4. Phil Brewer’s Business Card, which he left lying around at asingleblog:

Brewer Enterprises

Brewer Enterprises

.

 

Disclaimer
For the avoidance of doubt: nothing included in this post (or any other post on this site) constitutes legal advice. Any action you may or may not take in response thereto and any consequences thereof are your own responsibility.

One Year On: Bristol, Cardiff and Carlisle

Phil Groom writes:

Today, March 27th 2009, marks exactly one year on from the day Dave Walker posted about the closure of the former SPCK bookshops in Bristol, Cardiff and Carlisle, courtesy of J Mark Brewer. I hear the sound of one hand clapping: J Mark Brewer, we applaud you; but we’ll leave it to your brother Phil to affirm you.

Of those three shops, only Cardiff has been saved, and that no thanks to Mr Brewer.

Dave’s full post reposted below, retrieved from ‘Cease and Desist‘:

THURSDAY, 27 MARCH 2008
Bristol, Cardiff and Carlisle SSG / SPCK shops to close
Several people have posted in the comment thread below about the closure of the Bristol and Cardiff SSG (former SPCK) bookshops.

This from Richard:

SPCK Bristol has closed for good. I walked past the shop this lunch time, went up to the door to read the sign and saw Mr Phil Brewer peering out at me. He waved heartily, I waved heartily and then I moved on. Rapidly. No point in having a conversation. Nothing really to say. Well, not that would be constructive. The shop was being packed up and that’s an end to it all in Bristol.

The keys were left with Wesley Owen over the weekend and when Mr Brewer went to pick them up I gather he mentioned that there was no intention to open up in Bristol again. That may or may not be true.

What a sad end to nearly 200 years of Christian bookselling by SPCK in Bristol.

I am told that the Cardiff shop is to close on Monday. Cardiff was the only SSG shop in Wales.

Update (Thursday 27th 9.30am) : The forthcoming closure of the Carlisle shop on Monday the 31st March has also been confirmed.

Update (Monday 31st) : News and Star: Cathedral bookshop to close