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. I think Sally has to have a real long look at himself. Dispictable behaviour and as others have commented very sinister indeed.

  2. Paul67

     

     

    If I can go against the tide and speak in favour of ernie, did you not hint in one of your early comments on this matter that there was disagreement within the Celtic Board and we would be surprised as to who would be in the hardline group and who were in the “for the sake of financial realism, we must admit newco” group

     

     

    I took 2 things from this:-

     

    1) Peter Lawwell was in the hard line group

     

    2) There was a grouping within Celtic which were disposed to admit newco,

     

     

    Point 2 means ernie has a point. Am I over-interpreting your post? Did you mean something different?

  3. Auld Neil Lennon heid on

    lennon’s passion on 25 April, 2012 at 20:34 said:

     

     

     

    @GrahamSpiers: Memo from Scotland: SFA confirm police involvement after threatening behaviour by Rangers fans towards judicial panel who found RFC guilty.

     

    ————————-

     

    Good, time these Bully Boys were put in their place. Massive error of judgement by McCoist, he will be getting a visit on the QT I suspect.

  4. Tlmjim:

     

     

    My wives half-German…her family come fae Munich so yae kin guess who am supporting…come on REAL…wheres that medication?

     

     

    SchizophrenicwonkyCSC

  5. I am not up to speed on the politics of the site but has Ernie just been handed his dinner?

  6. Graham Spiers ‏ @GrahamSpiers

     

    Reply RetweetedRetweet

     

    Delete

     

    FavoritedFavorite · Close Open Details Ally McCoist, Rangers manager, had called for 3 SFA judicial panel members to be outed – cue internet witch-hunt, threats duly despatched.

  7. Can any appeal be heard now? Who in their right mind wants to put their health, and that of their family, at risk?

     

     

    This is a genuinely sinister development, and right at the heart of it is cheeky chappy Sally.

     

     

    Quelle surprise…

  8. Hamiltontim, James79, erm, no, however, I should make it clear, I am not in a position to arrange any meeting, all I can do is offer to try to assist.

     

     

    TimsinOhio, Paddy, cheers.

     

     

    Clashcitybhoy, aye.

     

     

    SFTB, for clarity on the matter, I first spoke to Celtic about this in October and their views and encouragement has never wavered. No idea what you are referring to about there being a split in the board but it didn’t come from me.

     

     

    Once more: Celtic have been unequivocal on this subject and have given considerable encouragement since October last year.

  9. Auld Neil Lennon heid on

    setting free the bears on 25 April, 2012 at 20:40 said:

     

     

    I know PL has acted from the hard line position which he could not have done without it being club policy. It does not matter that there iare differences of opinion, it is what club policy is that matters.

  10. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    Can’t believe any of you ghuys would even debate whether or not Celtic would for them being allowed back into the SPL ……behave yourselves, for Ghods sake…………!!!!!!!!

  11. Cracking game! It could go either way with both teams brilliant and vulnerable. I think it`ll be a team that has previously won the big cup in Glasgow! :-) Chelsea fans may be feeling okay about the final.

  12. !!Bada Bing!! on

    TET- Dingwall and whoever runs RM should be given a tug as well,bigoted sectarian blogs,pretty sure Salmond brought in a law a few months back re internet abuse.

  13. wonkyradar on 25 April, 2012 at 20:42 said:

     

    I should not have said what I said on this blog but what I said was what I feel.Sorry again

  14. Apart from the clear and present danger his calculated remarks have put many people in to the point of Police action, McCoist has made a huge strategic blunder as Auldheid said a couple of pages back.

     

     

    Absolutely zero chance of the SFA easing off after this.

     

     

    They may as well pack up and go home if they pander to him.

     

     

    I guess we all figured it would get to a stage like this, thinly veiled threats, notions of organised public disorder bandied about, martial language from the websites etc.

     

     

    Unity, like the man said, has to be the priority.

     

     

    The results of the SPL fans’ survey must also be weighing heavily on the minds of the panellists and the SFA/SPL/SFL executives.

     

     

    Venceremos!

  15. Auld Neil Lennon heid on

    setting free the bears on 25 April, 2012 at 20:40 said:

     

     

    Just saw Paul’s response, not even a split.

     

     

    I would like to know what ernie knows to support his view or is it just an opinion based on a general perception some supporters have?

  16. The Honest Mistake loves being first on

    Looks like we’ll be seeing fat Sally walking away pretty soon.

     

    For your actions to result in threats against innocent people, you have no choice but to resign.

  17. timjim KTF..

     

     

    re Ernie

     

    I think he plays devils advocate on most things on here,

     

    well, he disagrees with just about everyone… o)))

  18. jude2005 is Neil Lennon \o/ on

    Boston Celtics V Miami on ch 530. Celtics up 67-60 I think the smallest player is 8ft 2″ lol

  19. PAul 67

     

     

    I do not doubt your recollection but, if you’ll allow me….

     

     

    Can I clarify that there was unanimity within the Celtic Board and not, merely, a majority in favour of the decision to not re-admit newco? Were there no members of our Board arguing the view that we would be harming ourselves financially if we did not have regular games against them?

  20. Paddy Gallagher on

    TimJim on 25 April, 2012 at 20:47 said:

     

    wonkyradar on 25 April, 2012 at 20:42 said:

     

    I should not have said what I said on this blog but what I said was what I feel.Sorry again

     

    *************************

     

    We all make mistakes mate, do a Murray and sell it on for a pound! :-)

  21. Strathclyde Police confirm to Sky they have had to give security advice to the 3 people named as being on SFA panel.

     

     

     

    So Salmond thinks rangers are a vital part of the fabric of our society.

     

     

    Can any one on here honestly say they will vote SNP again and not feel a sense of total shame.

  22. jude2005 is Neil Lennon \o/ on 25 April, 2012 at 20:49 said:

     

     

    Boston Celtics V Miami on ch 530. Celtics up 67-60 I think the smallest player is 8ft 2″ lol

     

    +++++

     

     

    Ah, Shaun Maloney, great memories

  23. jude2005 is Neil Lennon \o/ on

    Real M for me sorree!! But I was a war baby!! Them Gerrrmans bombed our chippeee.

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