D&P blow their own argument to shreds in court

1179

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.

Buy a hard copy of CQN Magazine, issue 7, by clicking on the button below.  You can read online here.


Ship to:




Click Here for Comments >
Share.

About Author

1,179 Comments
  1. Pages:
  2. 1
  3. ...
  4. 14
  5. 15
  6. 16
  7. 17
  8. 18
  9. 19
  10. 20
  11. ...
  12. 32

  1. 67Heaven … I am Neil Lennon..!!..Truth and Justice will always prevail on 25 April, 2012 at 19:22 said:

     

    If there was ever ANY chance of the cheating bhuns winning an appeal, Sally has scuppered it …….. Not too bright a light, Sally………aha, aha, aha…!!!!

     

     

    Don’t be so sure. As I posted last night. This particular appeal will be well Ludged before it is heard.

  2. \o/ Hugo Z Hackenbush \o/ on 25 April, 2012 at 19:23 said:

     

     

    Your handicap will just have suffer. I simply will not come to liquidation and newco.

  3. The Honest Cover-up on

    At least the Celtic players know they can manhandle the referee on Sunday and simply grab his yellow card off him if they don’t like his decisions. Callum doesn’t feel threatened by such behaviour afterall.

     

    Interesting to see the first cracks appear in the “Operation Defend Sir Davie at all costs” in the Scottish media over the last couple of days.

     

    How amusing it will be to see these lapdaogs have to lay in to their old master when FTT hits home.

     

    Mark Daly is believed to be working on a further documentary exploring the relationship between Murray and Whyte. Interesting to see Lord Hodge order release of correspondence between the two.

     

    If it turns out that, as many have speculated, it was Dodgy Dave who helped set up the Ticketus deal for Whyte in the full knowledge of what would transpire then I will laugh and laugh and laugh.

     

    Knighthood stripping awaits. Lizzie will not be pleased at what these men have done to her XI ;-)

  4. Neil canamalar Lennon hunskelper extrordinaire on

    bt, EWO,

     

    the only thing that changed last year was the disciplinaty process.

     

    The ref fraternity is still under control of corruption, s not surprised at all they would try and engineer a swan song win.

  5. Hugh Keevans puts an orc right on the naming of the 3 panelists:

     

     

    You don’t name members of a jury – what’s the next step – name the 3 panelists when it goes to appeal?

  6. !!Bada Bing!! on

    Back to Basics – Glass Half Full -“which is nice..” to quote another Fast Show character

  7. theglasgowcelticway on

    The transfer embargo is harsh.Do these people know and understand how much Rangers still owe in transfer fees?Money that won’t be paid back.Not forgetting one of the first actions of the administrators was to try and bring a player in even though the club was bankrupt.I say they’ve got off lightly!!

  8. The Prince of Goalkeepers on

    \o/ Hugo Z Hackenbush \o/ on 25 April, 2012 at 19:23 said:

     

     

    I would go further.. from next season no O*d F*rm activity or no season ticket

  9. Bada/V

     

     

    Do not be dissin the armchair.

     

    Sir Jimmy Sav left me it in his will.

     

    One drawer full of beer and seeegars,,t’other has his Cellic tammy

     

    And spare gold lami jumpsuit,

     

    sweeeeeeeeeeeeeeet.

  10. Why do they want them named? I’ll tell you why.

     

     

    They want them named for making a decision which overturns years of unfairness, from which Rangers and its fans benefitted.

     

     

    They are reacting as though they have been slapped in the face because they have, in effect, been slapped in the face.

     

     

    The shellshocked nature of McCoist’s monologue shows just how much of a sea change this represents for Scottish Football, and I am loving it.

     

     

    Pow! Right in the kisser!

  11. Gasping at the brassneck of Hugh Keevins!!!! ‘PEOPLE’ don’t take account of what NL’s been through!!!!!!!!!!!!!1

  12. Brilliant caller on RC.

     

    Picking up the point about Fat Sally being sinister in asking who was on the SFA panel, when he already knew their names.

     

    He also mentioned him getting away with whispering in Lenny’s ear.

     

     

    SPF

  13. Auld Neil Lennon heid on

    Caller calling out McCoist now. This was not a post match interview we are talking about. Sinister he rightly calls it

     

     

    It was a major boo boo on McCoist’s part as I said as soon as I heard what he said yesterday.

     

    .

  14. ScotPatsFan on 25 April, 2012 at 19:29 said:

     

     

    Mind you. Lenny still has’t told us what MCoist said.

  15. Maybe it would be more prudent to wait and see the actions of Celtic before deciding to walk away.

  16. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    These phone-ins are very interesting tonight……are the SPL publishing their double-contract findings this week…?

     

     

    Wait, hold the bus…….a caller on Snyde has just confirmed that a ranker’s representative was actually present, in the room, with the panelists ….. He went on to ask why Sally didn’t just ask the rep……..stunned silence from the pundits…..this is sinister…..is he trying to put these people in danger….

     

     

    THIS IS INCREDIBLE, AND NEEDS TO BE PURSUED…..WHAT IS SALLY TRYING TO DO..?…..He needs to be very careful, since his fans aren’t the full shilling

  17. hamiltontim on 25 April, 2012 at 19:32 said:

     

     

    Like many more, Celtic would probably welcome a CVA result.

  18. Auldheid

     

     

    There was a great post from BRTH on RTC this p.m. maybe around 15.15. Was it also posted on CQN? I haven’t caught up yet with the blog.

  19. Sally knows the game is up that his club are a busted flush, his wee hissy fit and all his other wee Banner Statements are to protect no one but himself, his legned status amongst the stupid of bears, that and of course his bookability on the club and toilet bowl ludges of fair Escosia..

  20. wishart just got both barrels there….double think…off air conversations about whyte but no effort to reveal what he knew.

  21. Don’t know if the last Ghuy on RC was a CQNer – but well done to him.

     

     

    Called Wishart out – said he had taped his opening comments tonight and read them back to him word for word.

     

     

    Why if you were discussing CW of air a year ago – did none of you go public!

  22. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Auldheid

     

     

    The start of a concerted campaign me thinks.

     

     

    HH

  23. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    hamiltontim on 25 April, 2012 at 19:32 said:

     

    Maybe it would be more prudent to wait and see the actions of Celtic before deciding to walk away.

     

     

    Can you expand on this, please,,,?

     

     

  24. HT AT 19.26

     

     

    I seen mention of renewals on CFC APP. They say forms being sent out.

     

    Tthey mention is something like kids price stays the same

     

     

    Which means……

  25. quonno on 25 April, 2012 at 19:26 said:

     

     

     

    ” I simply will not come to liquidation and newco.”

     

     

    The behaviour of McCoist, the huns and their apologists in the media suggest otherwise.

     

     

    It reeks of desperation.

  26. Can anyone confirm our qualification

     

    route for Champs league,how many games

     

    to play,and if Madreed win CL will

     

    we play one less round.

     

    Would hate to shout oan the Deutschlander

     

    by mistake.

     

    Danke mein Herry Cqner

  27. My season ticket shall be renewed as usual in the usual timescales.

     

     

    My relationship with Celtic remains unaltered as a result of actions of other clubs.

     

     

    Celtic will not remain unaffected by these shenanigans, but my love of Celtic is forever.

  28. 67Heaven

     

     

    I’m of the opinion, though I could be wrong, that there is no chance of Celtic voting a newco straight back into the SPL it would make absolutely no sense given their financial policy over the last 10/15 years.

     

     

    Rather than people stating their intention to take up other weekend hobbies I’d prefer that we waited until the last act of the last scene has been played out.

  29. Sabre67 on 25 April, 2012 at 19:41 said:

     

     

    ”My relationship with Celtic remains unaltered as a result of actions of other clubs.”

     

     

     

    It’s the possible action, or lack thereof, of the Celtic Board that is the concern.

  30. It makes me laugh all this business about who the panel are.

     

     

    It couldn’t possibly be that Mr Nice Guy Alistair, media personality, he’s not one of the worst McCoist is perhaps suspecting from names he may or may not be in possession of that some of the panel may have had, well, non native names shall we say?

     

     

    I mean, some people could think that a tad sectarian.

     

     

    Imagine an English Defence League member being up in court and complaining that two or three of the jury had, lets say, muslim sounding names.

     

     

    But then, the dignity that prevents them from doing anything undigniied would surely stop their most dignified of ex managers repeating over and over again the name of a linesman who gave what he perceived to be a decision against his team.

     

     

    I mean, call me an old cynic (copyright The Pie Eater) but some might say that is verging on the, ach I’ll just come out with it – sectarian.

     

     

    Can they not accept that they were pandered to for 140 years, wonder how on earth they got away with it and then move on?

     

     

    real dignity here would be a scooby doo style unmasking of David Murray as the real culprit and a list of ugly henchmen to boot, and old DM saying ‘Yeah it was me, and if it wasn’t for them meddling Tims and maybe an unfortunate visit about Boumsong, I would have gotten away with it’ (Cue several ex and current SFA employees trying to make a run for it but being similarly caught and fessing up….’We were just trying to help Old Man Murray keep the fair ground from them damned Indians’)

     

     

    Or something like that!

  31. re. upcoming hun game.

     

     

    Just how good were Paddy and Joe at CM on Sunday? One of the best CM performances I’ve seen under NL (albeit Pddy switched to LM near the end, whence he curled his sublime assist).

     

     

    My question is – now that Ki is out, Brown is a doubt, and Kayal hasn’t played for ages….

     

     

    Is it time to start Paddy against the huns at Celtic Park? I seem to remember his last start against them went quite well.

     

     

    That central defensive three looked pretty good, worth persevering with, Izzy was brilliant 1st half (class never goes away). Cha didn’t look too clever, but hadn’t played for a while, so I won’t be too harsh on him.

     

     

    Up front – not so good until Tony lit up Fir Park – but Sammi will undoubtedly feature on Sunday.

  32. hamiltontim on 25 April, 2012 at 19:41 said:

     

     

    ”I’m of the opinion, though I could be wrong, that there is no chance of Celtic voting a newco straight back into the SPL it would make absolutely no sense given their financial policy over the last 10/15 years.”

     

     

     

    On the other hand, without the huns the 10/2 split becomes 11/1.

     

     

    I’m not sure that prospect fills the hearts of the Celtic Board with joy.

  1. Pages:
  2. 1
  3. ...
  4. 14
  5. 15
  6. 16
  7. 17
  8. 18
  9. 19
  10. 20
  11. ...
  12. 32