D&P blow their own argument to shreds in court

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The core essence of Duff and Phelps protests at the SFA judicial panel punishment handed out this week, as they state, is that: “in our opinion do the panel fail to have properly apportioned culpability between the Club and Craig Whyte”.

Yesterday we found out the truth about how Duff and Phelps really think about apportioning culpability between a company and a director.

The Lawyer magazine yesterday reported:

“The administrators are suing Collyer Bristow and Whyte’s takeover vehicle the Rangers FC Group for at least £25m in damages. The firm is accused of conspiracy, breach of undertaking, negligence and breach of trust, with Withey – who acted as the club’s company secretary – complicit in the allegations.”

The Lawyer goes on to say that Mark Phillips, QC, acting on behalf of Duff and Phelps, “told the court that there was no evidence anyone else at Collyer Bristow was involved, but that as Withey had authority to act for the firm, it was liable for the losses flowing from his “conspiracy”.

Get this clear; in the opinion of Duff and Phelps QC, as Withey had authority to act for Collyer Bristow, Collyer Bristow was liable.

Craig Whyte acted on behalf of Rangers after 6 May last year just as the old board acted on behalf of the club before then.  These people are using one argument to chase an enormous £25m but using the counter argument to subvert an SFA judicial panel.

The rules of the SFA are clear, Rangers are ‘liable’ for the actions of their directors, as anyone using this argument to pursue £25m should be well aware.  These people are shameless.

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  1. Hugh Dallas’s son is a sectarian bigot. My cousin had him and his friend in his taxi the evening of last season’s Scottish Cup final and he was cursing and swearing about fenian’s and suchlike until eventually my cousin had to put him in his place. I would have expected nothing less from someone from a family who consider religious sectarianism a laughing matter, I have no doubt young Dallas will rise to the top of Scottish refereeing circles.

  2. Its easy for “healthy” people to say “rangers: just get on with it”. But it fails completely to consider the deranged makeup of the atypical triumphalist weltanschauung. If anyone has the misfortune of knowing a truly vain & really egocentric person then you will understand- if you ask them to be less greedy or maybe to tackle their vanity they think you’re trying taking something away from them…instead of how a healthy person thinks: you are trying to help them in the long run by advising them on what hurrs them and what will make them really happy.

  3. Neil canamalar Lennon hunskelper extrordinaire on

    McNair…,

     

    are we at cross purposes

     

    thought you were referring to this seasons lisence

     

     

    are you saying they are being punished for failing to achieve this seasons lisence

  4. Neil canamalar Lennon hunskelper extrordinaire on

    should be – failing to achieve next seasons lisence

  5. McNair is the greatest on

    Neil canamalar Lennon hunskelper extrordinaire on 25 April, 2012 at 16:27 said:

     

    McNair…,

     

    are we at cross purposes

     

    thought you were referring to this seasons lisence

     

     

    are you saying they are being punished for failing to achieve this seasons lisence

     

     

    Its has got me thinking did they lie to get this seasons licence – in turn meant we had to play Sion in Europa instead of Malmo in the Champions League. Got to go home now – it is just my paranoid head doing overtime?

  6. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    AS St Etienne, France £252,212.39

     

    Arsenal Football Club £136,560

     

    Chelsea FC £238,345.43

     

    Manchester City FC £328,248.71

     

    SK Rapid, Austria £1,011,763.44

     

    The Scottish Football League £3,859.92

     

    US Citta di Palermo, Italy £205,513.04

     

    Celtic FC £40,337

     

    Dundee United FC £65,981.49

     

    Dunfermline Athletic FC £83,370.13

     

    Heart of Midlothian FC £800,000

     

    Inverness Caledonian Thistle FC £39,805

     

    SPL £22,500

     

    SFA £ 11,089.04

     

     

     

    Football related debt (not including our tickets)

     

     

    Is the D&P fee plus football debts accrued and yet to come football debts like the Swedish compensation for Celik is it covered by Bill Millers 11.2m

     

     

    If we did remove them how many pence in the pound would we be talking … not forgetting that HMRC increases by 1.5m a month and D&P 1m ?

     

     

    Hail Hail

  7. Back to Basics - Glass Half Full on

    Paul67 – Duff and Phelps “are shameless”? Really.

     

     

    For me they are simply following a business plan that is entirely transparent.

     

     

    Week 1

     

    Mon – make a statement, string the thing along, collect 25 grand

     

    Tue – make a statement, string the thing along, collect 25 grand

     

    Wed – make a statement, string the thing along, collect 25 grand

     

    Thu – make a statement, string the thing along, collect 25 grand

     

    Fri – make a statement, string the thing along, collect 25 grand

     

     

    Week 2 .- repeat week 1

     

     

    Then repeat until

     

    a) the main constituency wise up or

     

    b) the 12th of never

     

     

    (whichever comes first)

     

     

    Hail Hail

  8. A guy on RM by the moniker “SWALLY1690”: Ah knew a guy in Broxburn rat wiz called Allan so ah did…he wiz a right taig ah naw…sellik season ticket hodder…went tae chapel n aw rat…so ah wiz finkin rat this panty sniffer oan the SFA panel is a taig ah naw…

     

     

    So there. The investigation is coming on like the clappers. Maigret could have done no better…don’t know the detectives qualifications but I would think its a good chance he lives his life out of a bargain booze plastic bag.

  9. Dontbrattbakkinanger on

    Whenever any Hillbilly, or spokesHIllbilly, is asked about the current state of affairs they nearly all will say’ fair enough, we’ve done wrong and deserve to be punished’, but whenever ANY punishment is meted out it brings on in them an attack of the giddy vapours, and they’re shouting and claiming unfairness and vindictiveness.

     

    The only punishment they will accept is maybe being licked by a small kitten, or having a worm put down the back of their ole cardigans.

  10. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Football costs within D&P statement is 3,293, 586 pounds

     

     

    that does not include compensation for Celik or Celtics derby tickets

     

     

    Which takes football family costs to 4 million pounds approx.

     

     

    Hail Hail

  11. googybhoy ♥ Celtic and Integrity on 25 April, 2012 at 11:44 said:

     

    Ten Men Won The League on 25 April, 2012 at 11:32 said:

     

     

    One month you reckon.

     

    May 25th.????;;

     

     

     

    Please.

     

     

     

    Wee bit late catching up on this one.

     

     

    As I posted a couple of weeks ago. Historically all THEIR present troubles are rooted in forty five years of jealousy and resentment of that particular date. Just like St. Valentine’s Day 2012 May 25 1967 will for ever sear THEIR souls.

  12. The Pantaloon Duck on

    Regarding the FTT:

     

     

    I’ve been checking for the release of decisions over the past couple of weeks (no, I’m not obsessive, of course I’m not) and for the past couple of weeks at least they have released decisions in batches on a Thursday. So tomorrow could be the big day…

     

     

    The tribunal findings give the names of the tribunal members, so it will be relatively easy for Mr McCoist and his friends to make whatever use of that information they may wish to make.

  13. wonkyradar on 25 April, 2012 at 16:27 said:

     

     

    They have exactly the same mindset as that enjoyed, if enjoyed is the word, by Northern Ireland’s majority population, that comes about by being constantly told that purely by accident of birth you are superior.

     

     

    It is exactly that that, causes such angst when you suddenly discover that you have no divine right to be better than everyone else.

  14. ok bhoys/ghirls

     

     

    people get in the way of my enjoymeny od the blog..

     

     

    anything changed?

     

     

    huns wrong

     

    huns deny

     

    huns ugly…

     

     

    oor fault.

  15. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    Wouldn’t be surprised if FTT are waiting for the new owner to be announced ………and the bidders are waiting for the FTT result before proceeding…???

  16. Compliments to Yarny on RTC great quip.

     

     

    “M’Lud, I find it incomprehensible that you could sentence me to 6 months prison for common assault and indecent exposure (although I admit I’m guilty on both counts) when I quite clearly stated in defence that I have to sell my car by next Wednesday.”

     

     

    “Any potential owners of my clapped out Ford Cortina will now be put off by this frankly draconian ruling.”

  17. My condolences to Lee Miller and family .

     

     

    My thank’s to everyone who posted messages of condolence to myself with regards to the death of my brother in law .

     

    TT

  18. Back to Basics - Glass Half Full on

    Sorry can’t help it.

     

     

    Given Rangers indebtedness, it is somewhat ironic that Duff & Phelps legal counsel is named Susan OWER. You couldn’t make it up.

     

     

    Reports that Duff & Duffer’s junior counsel has a posh double barreled name – Sid Tax-Dodging-Cheat – are unconfirmed.

     

     

    Hail Hail

  19. DBBIA

     

     

    Picture the scene…

     

     

    A wake of vultures feed, almost leisurely, on the corpse of the mighty Glasgow Rangers. An angry voice is heard, traced through with dismay. Rocks are thrown at the attendant throng. Mourners at the blackest of masses. James Traynor stumbles in, blinded by tears. He rips off his cuff linked Charles Tyrwhitt shirt, waving it like some despondent watchman who has glimpsed the arrival of his worst fear and must warn the villagers of the imminent horror. The vultures scurry off a few yards, nary a cold lifeless eye leaving the corpse. Traynor beats his bare, barrel chest. He raises one clenched fist heavenward – Curse you God! Curse you to hell! Was truth worth the death of beauty?

     

     

    Unbeknownst and lost to his surroundings, Traynor does not notice the vultures creeping closer…

     

     

    U

  20. TT

     

     

    sorry for your loss mate..

     

    I will light a candle tomorrow at St Patricks Anderson..

  21. The Pantaloon Duck on 25 April, 2012 at 16:53 said:

     

     

    Regarding the FTT:

     

     

    The tribunal findings give the names of the tribunal members, so it will be relatively easy for Mr McCoist and his friends to make whatever use of that information they may wish to make.

     

     

    //////

     

    Maybe the delay is due to the time they are taking to find safe houses for when the verdict is published! :-)

  22. I have just had it confirmed that the Raith Rovers director has already received death threats.

     

    This is from a stand up source.

     

    TT

  23. All this saber-rattling from the dark side over this panel of 3, surely can’t help the appeal? If the appeal was upheld, it could be said that it was giving in to threats and intimidation?

  24. Sir Paul

     

     

     

    D’ye Know..that..

     

     

    If a Guilty Verdict is Reached,.in the Foist Tier Tax Tribunal.. it is damn sure, that, that,will result in.. weel..

     

     

    TEARS..and Gnashing o’ Gnashers Thruoot the Realm?

     

     

    Oh! Ye knew that Already?

     

     

    Huh!

     

     

    Well, Ah suppose ye did..

     

     

    Howevahhhhhh..

     

     

    Dae ye Know… that The Verdict.. Guilty or No Guilty.. is

     

    ALREADY… KNOWN.. by..

     

     

    Those in the KNOW????

     

     

    Oh! So. Ye Know that.. Already, tae??

     

     

    Hmmmm

     

     

    Is thur Anything ,that Ah kin tell Ye .

     

     

    That Ye Dinnae Know, Already… Smarty Pants??

     

     

    Ach..

     

     

    Ah gie up..!

     

     

    Kojo

     

    Still Lauighin’ Like.. Goodie Oh!

  25. BarryBhoy on 25 April, 2012 at 16:27 said:

     

     

    Play the game. Should the sins of the son be visited on the father. Especially when the father already has enough of his own to be going on with.

  26. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Neil Lennon is running for Manager of the Year

     

    By: Newsroom Staff on 25 Apr, 2012 16:45

     

    NEIL LENNON, the manager of the 2011/12 SPL champions, has been short-listed for the PFA Manager of the Year after leading his players in turning around a 15-point deficit to a commanding lead and, ultimately, the league title.

     

     

    The Cheque Centre PFA Scotland Manager of The Year 2012 will be announced at adinner in Glasgow’s Hilton Hotel on Sunday, May 6.

     

     

    Managers from across the four Scottish leagues, as well as national team boss, Craig Levein, voted for the manager they think has had the best season 2011/2012.

     

     

    A short-list of three emerged for the title Manager of The Year 2012 with the Celtic boss being joined by Derek Adams of First Division champions Ross County and Stuart McCall of Motherwell.

     

     

    On the same night the Cheque Centre PFA Scotland’s Player of The Year will also be announced as well as the Young Player of The Year, SFL1, 2 and 3 players of the year, a special Merit Award and Goal of The Season award.

  27. Hearing that someone on FF called the sfa in regard to the names of the three man panel. He was told by the sfa that one of the panel members had already been threatened.

     

     

    well done mcmoist, you have sent your hordes onto the streets to hurt people.

     

     

    disgusting

     

     

    HH

     

     

    Mike

  28. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    The stark truth facing SPL crisis club Rangers

     

     

    By Matt Slater

     

    BBC sports news reporter

     

    Insolvency experts Duff & Phelps took over at Rangers on St Valentine’s Day, but the club’s fans are still waiting for that handsome prince to arrive as the emergency regime enters its 72nd day.

     

    Nobody thought this would be straightforward, but what has followed has been particularly gruesome.

     

    More used to trophies than tribulations, Rangers supporters are angry, broken and confused.

     

    It would be an exercise in futility to try to address all of their questions and concerns, but what follows is an attempt to tackle the most fundamental ones.

     

    How have things got so bad?

     

     

    Quite simply, more than a decade’s worth of misdemeanours and mismanagement are finally threatening to pull down a British institution.

     

    But owner Craig Whyte is not the real reason Rangers are staring extinction in the face.

     

    Yes, his use of football’s equivalent of the payday loan to buy Rangers, the subsequent denials of this fact, the disregard for the usual standards of corporate behaviour and his cynical use of taxpayers’ money to replace his own funding add up to quite a rap sheet.

     

    But the 40-year-old businessman was only given the stage to display his talent for controversy because predecessor Sir David Murray’s 23-year reign at Ibrox left Rangers vulnerable.

     

    The club Whyte bought – for a pound – was already under investigation for the abuse of two tax-avoidance schemes, was struggling to clear its debts from a decade of over-spending and had been on the market for five years.

     

    The man with “off-the-radar wealth” should never have got near a club of Rangers’ magnitude. But the club’s bankers had had enough of propping up Murray, so Whyte was waved through the gates.

     

    So Rangers are doomed, then?

     

     

    No, but time is running out. Administration is a last-ditch attempt to see if a company on the slide can be pulled back from the brink.

     

     

    Rangers manager Ally McCoist

     

    Rangers entered this limbo state because HM Revenue and Customs (HMRC) wanted to close the club down over £14m in taxes that Whyte had snaffled.

     

    That, however, is only a fraction of the taxman’s claim. You can add up to £75m to that for tax-avoidance schemes operated by Murray. The greater part of that sum is being looked at by a tribunal, and a decision is imminent.

     

    When you add these debts to all the other sums owed – the usual litany of honest traders and unlucky suppliers – you are looking at an estimated bill of £134m.

     

    That is the bad news. The good news is that administration can make a lot of this disappear, providing they find a buyer who can persuade the creditors to accept a fraction of what they are owed.

     

    Rangers have been badly run, no question of that, but they have a nice ground, decent training facilities, lots of supporters and a grand history.

     

    Great, so when will somebody buy them?

     

     

    Back to the bad news. Rangers are simply not in a position to be bought. The poison from the last two regimes is still seeping out and only a fool would attempt to buy lock, stock and liabilities at present.

     

    The big question for any potential buyer is: “What am I buying?”

     

    The answer to that changed significantly on Monday when the Scottish Football Association (SFA) announced its sanctions for the sins related to Whyte’s takeover and subsequent shenanigans.

     

    A lifetime ban from Scottish football for Whyte and £360,000 in fines for him and the club sound tough, but it is the 12-month embargo on registering new players that really hurts.

     

     

    Andrew Little scores against St Mirren in the recent 3-1 SPL win at Ibrox.

     

    Trading players is a fundamental activity for any club. With no prospect of being able to sell and replace players for a year (apart from under-18s), any new owner would be going into battle with both arms tied behind his back.

     

    The only business model that makes sense for a new owner of Rangers is to get them back to normal – winning things, playing to packed houses – as soon as possible.

     

    The “transfer ban” makes that unlikely, particularly when you remember that many Rangers players gave up a huge chunk of their wages in return for the promise that they can go this summer if the club looks doomed, or if the ownership situation remains unresolved.

     

    Throw in the impending tax bill and you have more variables than any sane businessman would ever countenance.

     

    I thought you said there was hope?

     

     

    There is, but it is hope of the relative variety.

     

    For the reasons listed above, there is a diminishing chance of a plan emerging that will satisfy the company’s creditors and stakeholders, whilst leaving it fit for purpose on the playing field.

     

    This is leading many to conclude that what Rangers need is rebirth. Even manager Ally McCoist has begun to wonder if it might be easier to start all over again in Division Three.

     

    In business terms, this means liquidation. American tow truck tycoon Bill Miller was half right in that there are end-of-the-line liquidations and there are let’s-start-again liquidations.

     

    But his £11.2m plan is still a liquidation and the trade-off for shedding all that debt is further sporting sanctions, including a three-year ban from European football.

     

    OK, it is liquidation, but when?

     

     

    A liquidation could come next week, next month, or next year, it does not really matter.

     

    What matters is what type of company emerges with Rangers’ key assets, who is in charge, and what league that company’s team is playing in.

     

    Sadly, we are still some way off being able to answer those questions.

     

    For a start, Miller’s bid is unlikely to succeed, mainly because it is conditional on the football authorities waiving the right to punish Rangers for any further rules breaches that their investigations uncover.

     

    In the eyes of many observers, that would make a mockery of the rulebook and destroy Scottish football’s reputation.

     

    Miller’s main rivals, the Blue Knights consortium of wealthy Rangers fans, have so far been vague on detail.

     

    They have said they want to save the current company, remove Whyte and negotiate a deal with creditors, principally the taxman, but they have never explained how they would pull off these minor miracles.

     

    The onus now is on the prospective bidders to set out what kind of Rangers they can afford to fund going forward: the one that has been in existence for 140 years, or a new one that shares the old club’s DNA?

     

    The rest of Scottish football must then decide if this solution fits with their competing desires for justice versus the life-giving revenues that Rangers provide.

     

    Sunday’s visit to SPL champions Celtic is bound to be difficult for Gers fans, but it will also remind everybody else just how vibrant the Old Firm brand remains.

     

    There are many in Scotland who want Rangers humbled, but do they really want to bury them?

  29. Boys i phoned the SFA today and left a message on Broadfoot’s answering machine about fat Sally and i have emailed them to.

  30. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    When you add these debts to all the other sums owed – the usual litany of honest traders and unlucky suppliers – you are looking at an estimated bill of £134m.

     

    That is the bad news. The good news is that administration can make a lot of this disappear, providing they find a buyer who can persuade the creditors to accept a fraction of what they are owed.

     

     

    Fabulous stuff

  31. The Pantaloon Duck on

    Headtheball on 25 April, 2012 at 17:00 said:

     

     

    Well, if I were on that tribunal panel I would have been putting just a little effort into finding out whether it would be possible for me to remain anonymous in this particular instance…

     

     

    What a lovely little country we live in.

  32. Awe Naw

     

     

    I’m told that The Rovers director involved is right knob end.The bowling club blazer and brown brogues type.

     

    He has the self importance of a traffic warden.

     

    He is taking the threats seriously.

     

    There is mention of shite in his jockeys.

     

    TT

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