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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Gregg Wylde.
He was one of the players who signed a new contract with the Huns this season.
I noted in the Bolton team news for their game with Aston Villa that he has still not received clearance from FIFA to play.
I seem to remember rumours on here or RTC that the new contracts may have been signed with Whyte’s company as opposed to Rangers FC. Maybe this is yet another can of worms about to be opened…
Banned for life from Scottish Football. Lucky Craig Whyte.
On the issue of the transfer of a club’s history the Fiorentina and Wimbledon examples are, I believe, the most intriguing for the rangers case.
Fiorentina faced a form of liquidation in Italy, the previous club effectively ceased to exist and a new club formed. The club was demoted 3 divisions and was stripped of its history. A few years later the Italian FA allowed Fiorentina to “buy back” the previous club’s identity (though not, specifically, their achievements).
A similar transfer unfolded at AFC Wimbledon, after years of bad blood and legal wrangling MK Dons agreed to rescind their claim to the history of Wimbledon FC, which was duly transferred to London borough of Merton. You’ll note that in terms of company incorporation, MK Dons is the original Wimbledon, and in terms of geography and fanbase AFC Wimbledon claim that title.
These are key precedents in the transfer of history argument, though neither provides a clear cut example for rangers to follow.
However, a newco rangers should be careful what they wish for. Lawyers across the globe (and not least in the east end of Glasgow) will be following such deliberations closely. If rangers in their current form somehow manage to survive administration, but are found guilty of playing ineligible players over a 12+ year period, then we may see a deluge of court cases against them for lost earning. Chief amongst these will be a claim for circa £50m+ from Celtic for lost CL revenue, corporate exposure, and sponsorship. However claims can be raised by any SPL club which finished 3rd instead of 2nd and were subsequently denied a UEFA CL place, and any European club which saw their progress in UEFA competition halted by a rangers team full of ineligible players.
For a precedent see Sheff Utd claim against West Ham after West Ham were found guilty of playing ineligible players (Carlos Tevez and Javier Maschereno), an action which ultimately saw West Ham survive relegation and Sheff Utd demoted from the EPL. This claim was settled out of court for circa £20m.
If rangers do not survive administration, and are resurrected as a newco, pay very close attention to the ruling on transfer of history. rangers cannot feasibility lay claim to those titles without accepting culpability for how those titles were won, ineligible players and all. The newco would leave themselves open to any sporting sanctions which would be applied in relation to those titles, and potentially for any ruling from the Court of Arbitration for Sport.
rangers, in whatever form, may actually be better served by having the ‘contentious’ titles stripped.
mcculloch pulled out of some promotion with tesco as part of the bhoycott
it is alleged on ff, if this is true does this mean rangers in admin are promoting this? and if so are there sanctions that sfa can implement?
Tinytim
nobody should have to go through that but I blame the SFA
Ally showed them along with Diouf and Bougherra who is the boss in Scottish football.
Hail Hail
Donald Trump although very rich is very stupid and actually thinks the the wind farm is a grand prank to blow his quiff off.
Stupid Trump
u
You all know I love to rave about good TV.
Well AMC (makers of Breaking Bad) have another winner with The Walking Dead. Absolutely sensational television. Deep, moving, shocking, gory and brilliant. If you thought a TV show about zombies could not grab you as an emotional drama, think again. This show is awesome.
TinyTim on 25 April, 2012 at 17:12 said:
Knob or no Knob it will be interesting to see how those eternal seekers of truth and justice in our rotten media handle this one.
Wonder if Sally can be done for inciting a hate crime.
I asked earlier…
WHY IS MURRAY BEING ALLOWED TO REFEREE THE GAME ON SUNDAY
HE IS A LIAR…………….
blantyretim on 25 April, 2012 at 17:17 said:
You answered your own question.
Who would have known the identities of the three man panel?
Who might have leaked the names?
Who wanted the names made public?
SIr David Murray has surely landed on the moon by noo
We want FTT results and we want them the NOoooooooooooooooo!!
Hail Hail
quonno
this is the man who sent off Cha, Victor and Lenny…..
he was shown to lie at the last Celtic orc game….
Raith Rovers director threatened.
There goes Neil Lennon and the Catholic Schools again.
My dear,dear,dear,friend.. Gerry..
Hiya,pally?
How’s It Goin?
Dae Ah Know whit the Foist Tier Tax Tribunal’s Verdict Is?
Yep.
Kojo.
yer pal.. who likes ye mair and mairer.
Still ,Laughin’
.
Did Judas Not opt for Rangers because of a Tax Issue with Celtic FC..?
Hmmmm..
Summa
re: comments about the delay in the FTT delaying the release of their decision
I was on a case recently where an interlocutory hearing was held (a small legal skirmish within the context of a much larger on-going case) and a decision was required or else certain things might be delayed considerably.
The judge, who was hearing the interlocturory hearing, was aware of the urgency, but still has not released the decision. Counsel suspect that, the judge was hoping that other events would take place that would make her decision moot.
What relevance is this? As someone who has worked in the legal field for two decades, and realizes that judges are people too (at least, most of them), I wouldn’t be at all surprised if the FTT has delayed this decision, hoping that RFC(IA) would go belly up before their decision. That way, someone other than the people on the FTT would be the target of the attacks by the the orcs.
Put yourself in the situation of the FTT…. you know that, as soon as that decision comes out, RFC(iA) are done like dinner….. would you want to be the seen by the orcs as the person who dealt the death blow? If it were me, I’d hold off, let the go into liqquidation, and then release the decision, and then say, ‘hey, its got nothing to do with me…. Mr. X or Mr. Y put you guys into liquidation already ….., go deal with them.’
Anyways, just a thought…. I’m not connected to the courts in GB, so, this is just my hunch based on my experience with our courts….and NOT based on any insider info.
TT
Not been on today and only read this page. Why has the Raith Rovers director been threatened and by whom?
Mike in Toronto
did that chancer Toronto Tony ever buy you that drink from me? o))
Tiny Tim,
My condolences on the loss of your brother in law.
McCoist has surely questions to answer for what he said yesterday. He’s a sneaky wee get.
blantyretim on 25 April, 2012 at 17:21 said:
quonno
this is the man who sent off Cha, Victor and Lenny…..
he was shown to lie at the last Celtic orc game….
Have a heart. Just like Dougie he is an open and, excuse the seeming contradiction, honest liar. It is because he is a liar that Neil was not further punished for the Ibrox carry on.
There are so many worms emerging that the can making factory will have to go on to two nights and a Sunday to accommodate them all.
share on F’book or Twitter
Mike in Toronto
I think you will find their is no actual delay. Not as yet anyway. If there is no announcement by the end of this calendar month (so next Monday) then it is being delayed.
I would suggest that the delay is more to do with protecting AND CO OPERATING with those that created the FTT case in the first place Sir David Murray
As the UK enters a double dip recession we have the English league saying that there will be more teams going into receivership.. 1/3 of teams..
but in Scotland we must keep the establishment…
blantyretim on 25 April, 2012 at 17:32 said:
Of course we must.
1.McCoist should face two charges from the sfa
a) Questioning the independence of the panel
b) Endangering their safety through his reckless comments
2.D&P should face charges from the sfa for their comments about the decision and the process
3.Craig Whyte OWNER OF RANGERS should face further charges for his comments and statement he will refuse to abide by the outcome.
4.The appeal against yesterday’s decision should take place immediately AFTER the hearings above and should only take place if/when Craig Whyte appears in person.
5.Celtic should field their biggest,toughest,strongest team on Sunday.This will be no place to endanger the career of young players coming through.rangers will be out for blood and will try to inflict serious injury on every Celtic player.
6.Celtic FC Security and Police presence must be at least TREBLE the norm for these games.Particularly around the area of the divide between the two sets of fans.I sincerely believe there is a strong possibility the will attempt to either attack the Celtic fans or enter the field of play
Ok anyone why has a Raith Rovers director been threatened and by whom????
Hello BT
No worries there! Thanks!
You obviously know TT better than I, but the one thing I can’t imagine anyone accusing him of is having short arms …. he has been generous to a fault with my little guys . Hell, I almost had to fight with him to get him to let me buy him a pint!
Probably not the jokey answer you were looking for …. and certainly not meaning to embarass our friend …. but, have to say, our friend is a true gentleman, and a credit to the club. Been an absolute pleasure to make his acquiantance this year.
I am hoping my dad is well enough that he, my brother and I can go home for a game later this year (we moved here when my parents were young themselves, so we have never seen a game together…. something we’re looking for ward to!). If we manage it, it would be nice to meet you, and return that beer (not a cyber one!)
Hail Hail
Surely the Club are making some sort of comment on Calum Murray being appointed referee for Sundays game , even if it is behind the scenes .
We need to get it out there that we will not accept another performance like the last one at ibrokes .
mad stats…
chelski – barca
28% Possession 72%
254 Passes attempted 776
117 (46%) Passes completed (success rate) 660 (85%)
7 Attempts on goal 22
3 Attempts on target 5
Awe Naw
Thanks for the thought. You are probably right ….. As I say, I’m quite removed from the system over there, so, will defer to you on this one …. but, just on this one, mind…. I reserve my rights to disagree next time …. :}
Mike in Toronto
Absolutely
Hail Hail
ht
his name was put on hun websites as being 1 of the 3man SFA panel.
HAIL HAIL
medtim
they wouldnt have the balls to attack the Celtic support in the stadium- if they did they’d get what was coming to them.
They are more likely to take the cowardly approach of throwing objects into the Celtic end and you’re right, in this case they should be dealt with by the Police in the strongest possible terms. That is what we’re paying them for, after all!
HH
On SSN, whilst discussing Championship finances
” we can reveal that several clubs from Scotland have enquired about joining”
Can’t confirm if one of them was Huns “
BT – Buenas dias amigo:0) I trust you are well and keeping lubricated with Guinness and Strongbow. Mike has visited the club a good few time swith his two young nephews (i think) it’s always great to see them and the two bhoys love iron bru and crisps.
Hi Mike, it would be great for you and your dad / brother to make the pilgrimage back home; if not bring them to the club and we’ll take care of yeez. Are you thinking of coming on Sunday, it’s an early start as you know and the bhoys might put up a fight:0)?
slainte
tony
Apologies, havnt read the blog at all today
Paul/et al
Surely McMoist’s attack on the SFA deserves punishment in of itself? What exactly is he trying to say? That 3 unknown people are conspiring to make sure his beloved club go out of business?
He should get the book thrown at him for such accussations. Will he now be dragged in front of an SFA committee for these comments?
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
…
The good news is that administration can make a lot of this disappear
Really? It just disappears? And everyone’s happy?
I hope the banks of the aforementioned ‘litany’ are as accommodating for such a disappearance.
Ghuys, travelling up from Gloucestershire this weekend and just found out that a promised ticket is now not forthcoming. I write in hope that someone out there just might have one available.
keeping the faith
Celtfish