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. Hang on, this is one I hadn’t heard. (Clyde now)

     

     

    Given the SFA sanctions, if they liquidate, and player registrations transfer back to SFA, then a newco who inherits their licence and hence penalty, CANNOT RE-SIGN THESE PLAYERS ????

     

     

    The 12 month ban then means that liquidation is death. Forever. No newco, no nothing

  2. Sorry, the above has probably been done, and was probably obvious to all but me, but I really hadn’t cottoned on to that.

  3. sparkleghirl on 25 April, 2012 at 18:08 said:

     

     

    I’m not sure but I suspect the ban on signing players would only carry over to the newco if it was allowed straight into the SPL.

     

     

    If a newco starts in the third division the SFA might not insist that the newco accepts the signing ban as the price for being allowed a registration.

  4. BSR

     

    In a statement, the Scottish FA said: “The SFA can confirm that, due to family reasons, Craig Thomson is now unable to referee this weekend’s Clydesdale Bank Premier League match between Rangers and Celtic at Celtic Park, as previously announced.

     

     

    “Calum Murray has now been appointed to the match.”

  5. ernie – thanks. But unless overturned at appeal, it mean definitively no newco in SPL, doesn’t it?

     

     

    that really didn’t register with me until I heard this caller.

  6. BT/Bourne

     

     

    Apparently Thompson has family commitments.

     

     

    Or he has a goat to slaughter.

  7. Its absolutely disgusting that the RR guy has been threatened

     

     

    Still bet you Sally says it had nothing to do with him!!!!!!!

  8. Gene's a Bhoys name on

    traditionalist88 on 25 April, 2012 at 18:08 said:

     

    Thai Tims at Paradise:

     

     

    My son-in-law spotted them (hard to miss) at Charnock Richard service station on the M6 at 11 this morning – said they were an awesome sight

     

     

    Hope they enjoy their stay

     

     

    Proudtobeatim.CSC

  9. jock steins celtic on

    whilst the SFA might just might want to punish Rangers they certainly wouldn’t do anything to mortally wound them.

  10. By day I'm 'Mike in Toronto' but on Sunday 'I'm Neil Lennon' on

    Waiting for a client to show up, so here are my thoughts on the team for the weekend:

     

    forster

     

     

    lustig rogne charle izzy

     

     

    brown vic ledley sammy

     

    commons

     

    hooper

     

     

    subs; loovens cha paddy stokes watt mcgeogh matthews

     

     

    I always feel bad leaving Stokes out … he has come on leaps and bounds this year … down 3 at Killie, I felt he put the team on his back that day, and started the chargeback,, and hasn’t got on as much as he/I think he deserves, but hasn’t moaned, and has done a great job when given the opportunity….

     

     

    Would love to see a bit of Paddy magic this weekend!

  11. Mike – Cheers, good to hear the boys are doing well. I forgot your dad was in Calgary; he’s welcome anytime as is your brother and the dug:)

     

    I’ll keep my eye out for you all.

     

    cheers

     

    tony

  12. James F

     

    Love Walking Dead too, but did you not feel the last episode got a bit, well, busy?

     

    Ep 12 was incredible but 13 just threw too much at you, kinda got the feeling AMC commissioned the 3rd series between these two episodes.

  13. its a “fact” according to guy in SSB that rangers are most successfull team in the world. Not once they are stripped of their cups, titles and history. They have cheated there way to success with financial doping and had a helping hand from (imo) a corrput referee association!

  14. sparkleghirl on 25 April, 2012 at 18:15 said:

     

    ”ernie – thanks. But unless overturned at appeal, it mean definitively no newco in SPL, doesn’t it?”

     

     

    I suppose they could be allowed in, even if they didn’t have ant grown ups in the team.

     

     

    But in reality if the sanction stands there’s no point them even trying for the SPL.

     

     

    And obviously Sky wouldn’t be paying full dollar for a bhoys against boys fixture.

  15. If any1 goes onto ssb can some1 ask what they think about the Raith Rovers guy being threatened as they haven’t even mentioned it yet!!

  16. jock steins celtic on

    there’s a piece on the BBC site which is quite downbeat about Rangers position but even it is along the lines of – the sooner they get back to what they do best, winning trophies (by cheating not mentioned of course) the better.

  17. stebhoy on 25 April, 2012 at 18:19 said:

     

     

    If they’re the most successful club in the world why do they need help from the SFA?

  18. by my reckoning ragers hav only been fined about 5 pc of what they owe in terms of unpaid football transfer debts and wishart thinks this is too harsh!!

     

     

    that needs to be pointed out.!!

  19. Ah, the last ‘ole firmio’ ever referee gambit…

     

     

    2 Celtic players sent off in the first half at home. A display of ‘shock and awe’ as to keep timmy in his place.

     

     

    If only, as they managed to whisper on sports desks last night, Kyle Lafferty hadn’t been thought to have played his last game for the Ibrox side…

     

     

    Never mind shin pads or buoys should go out with stookies on…

     

     

    U

  20. Don’t know it’s been mentioned but both Greaves and Wiseman Dairy’s logos have been removed from the SFA website.

     

     

    So has Park’s of hamilton but you’d have expected that.

  21. SoS

     

     

    us blantyrebhoys have a heart of green white and gold….

     

    I prefer orange to be honest…

  22. merseycelt lmfao as the big house door slams shut on

    Could those celts who reside in scotland please ensure the Thai Tims enjoy some decent weather during their trip?

     

     

    It’s the least you could do to thank them for all the pleasure they have given us!

     

     

    I would obviously like to help but, as I am not living in scotland, have no influence over decisions made there!

     

     

    I trust you will all do whatever you can to acheive this small ask!

     

     

    HH

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