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. Charles Patrick Tully on

    I wonder if the sfa will ask Celtic fc or Neil Lennon for advice or will Celtic fc offer support in ref to the recent sfa statement on the panel. will be interesting if other clubs. come ouout and support .

  2. Pace of the game has relented a little…to be expected I suppose…first half was a stonker!

  3. jim spence ‏ @bbcjimspence

     

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    FavoritedFavorite · Close Open Details One member of independent panel in Rangers case says he has received advice from Special branch regarding suspect packages.

  4. Paul67 on 25 April, 2012 at 20:45:

     

     

    I think it no longer matters a jot what CFC support. They are doing fine themselves in alienating not just the SFA but other member Clubs as well. Mr. McCoist should hang his head in shame. He may not be guilty of incitement but his comments on identifying the Panel are irresponsible at best.

     

     

    For the record, I have no doubt that CFC will strike when the time is right.

     

     

    hamiltontim 20:46:

     

     

    Free food, you not getting enough free dinners at your work place. I hear the weans are starting a petition…”Leave some for us Sir”…:)

     

     

    Keep the Faith!

     

     

    Hail Hail!

  5. hen1rik on 25 April, 2012 at 20:55 said:

     

    jim spence ‏ @bbcjimspence

     

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    FavoritedFavorite · Close Open Details One member of independent panel in Rangers case says he has received advice from Special branch regarding suspect packages.

     

     

    ———————————————————————————————————

     

     

    Is there no depths they wont sink to????

  6. McCoist’s stupid remarks are all the excuse their fans need. And this is just over a transfer ban. This is going to get much worse.

     

     

    I don’t like being alarmist but I hope the police have enough notice to cancel all overtime when liquidation comes.

  7. jim spence ‏ @bbcjimspence Reply Retweet Favorite · Open

     

    One member of independent panel in Rangers case says he has received advice from Special branch regarding suspect packages.

     

     

    Hope you’re happy McCoist you fat dick.

     

     

    Ironically, he may well have killed RFC himself due to his idiocy: how the hell could the SFA back down without giving the impression that they are acting because they fear more such threats: if anything this may well harden their resolve to punish them.

     

     

    Well played Ally ya fud.

  8. Disturbing that there seem to be leaks that the SFA were “surprised” at the verdict. Chris McLaughlin on BBC said tonight he expected a Hun appeal to be successful…

     

     

    If it is, especially under these circumstances, there is a very good chance that UEFA might become involved.

     

     

    RFC and their fans are revealing their true colours now, as the end nears. It’s fascism, of the nastiest and least sophisticated stripe. Bullying, intimidating, paranoid, self-pitying, ignorant, fascism.

     

     

    Billy Fullerton would have been proud…

  9. 67Heaven ... I am Neil Lennon..!!..Truth and Justice will always prevail on

    Steinreignedsupreme on 25 April, 2012 at 20:37 said:

     

    Strathclyde Police have given security advice to the three members of the Scottish Football Association Judicial Panel who handed out punishments to Rangers after their identities were revealed, the SFA have said.

     

     

    HAS THIS BEEN CONFIRMED ???….HUNBELIEVABLE

  10. Enrico Dandolo nicked my Crusade on

    Paul67 on 25 April, 2012 at 20:28 said:

     

     

    I’m with Ernie if they’re buying lunch, otherwise not. :))))

     

     

    Had an interesting conversation today that backs up what you say. Also a few things going on, not at Celtic, but SPL level, that sounded very encouraging if you’re a fan of sporting integrity. :))))

     

     

    Eric

  11. Has to be Bayern for me. The German financial model is the future for football. Also been to the Munich beer festival a couple of times. Lovely people and great city.

  12. when things get this intolerable its impossible for local governing bodies to carry out an impartial inquiry nevermind administer punishment uefa must intervene

     

    or at least the sfa spl must ask them in the interest of fairness to takeover,

     

    as for the likes of traynor and his ilk quotes like kicking them when there down

     

    is a disgrace some sort of body needs to put in place to sort these clowns out to.

  13. Ribery has been awful the night. Robbin hisnae been great but he offers a real threat even when he’s no playing well.

  14. Evening all,

     

     

    I have a spare ticket for Sunday, Jock Stein Upper, section 438, row Q, seat 7 *This is a restricted view seat*

     

     

    If anyone is interested please contact Paul67 for my email address.

  15. i cannot see any scottish person delivering a just verdict if they feel threatened

     

    thats why this must be taken over otherwise we are going to have farcical and

     

    partial decisions.

  16. Strathclyde Police have given security advice

     

    to the three members of the Scottish

     

    Football Association judicial panel who

     

    handed out punishments to Rangers after

     

    their identities were revealed, the SFA have

     

    said.

     

    The administration-hit Glasgow giants were

     

    handed a £160,000 fine and 12-month

     

    embargo on registering players aged over

     

    17 by the panel after being found guilty of

     

    five charges in relation to their finances and

     

    the appointment of Craig Whyte as

     

    chairman.

     

    An SFA statement said on Wednesday night

     

    that the three panel members in question

     

    had been subjected to “abusive and

     

    threatening communication” after their

     

    identities were “compromised”.

     

    A Scottish FA spokesperson said: “We are

     

    deeply concerned that the safety and

     

    security of Judicial Panel members

     

    appointed to a recent Tribunal has been

     

    compromised by a wholly irresponsible

     

    betrayal of confidential information.

     

    “The Judicial Panel consists of volunteers

     

    from across the spectrum of sport and

     

    business in Scotland. They are appointed on

     

    the basis of anonymity yet all three panel

     

    members have reported intrusion into their

     

    personal and work lives, including abusive

     

    and threatening communication.

     

    “This has been extended to directors of the

     

    Scottish FA, whose private details have been

     

    published on internet sites and who have,

     

    themselves, been victims of abusive

     

    communication.

     

    “This culminated tonight in a visit by

     

    Strathclyde Police, who are taking seriously

     

    the threats made towards the individuals

     

    involved. We are thankful for their advice

     

    and support in these matters”

  17. Re Sunday..

     

     

    the happenings today should remind us all to be careful on Sunday

     

     

    they are a hurting wounded animal.. take care and try to stay together….

  18. McCoist’s comments were a disgrace and he should be getting a visit from Strathclyde police to warn him re future conduct. He knows his words are swallowed greedily by the bloated belly of the Rangers support. He even launched wee Willie Bluenose with the ridiculous ‘ we don’t do walking away’ comment.

     

     

    This is the man who tried to get into our dugout and later that night whispered something to our manager, hours after he was removed from his home and taken to a safe house. He was a coward as a player and he is continuing to live up to that mantle.

  19. BadaB

     

     

    Aye he should, but as they are the peepil, canny see it.

     

    His argument would be if they are on the net, they are not harming anybody, that’s hun logic, and that’s a fact.

     

     

    Now if the roles were reversed.

     

     

    Scotland whas like us.

  20. Lennybhoy…Supporting Neil Lennon and CFC until I die on 25 April, 2012 at 20:56 said:

     

     

    Ye kiddin’ we now get charged TWICE what the weans get charged. Consequently I’m on half rations which you will have seen evident in my snake like hips :-))

  21. !!Bada Bing!! on

    Tom English said on Shortbread tonight,McCoist knew exactly who was on the Panel.A Wee arra peepil statement from the bigot tax dodgers.

  22. Just had prospective SNP candidate for upcoming local elections at the door, wanting to know if he can count on my support. First question – where do you stand on tax evasion.

     

     

    Sharp exit !!

  23. Football Kits 12/13 ‏ @12_13kits

     

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    FavoritedFavorite · Close Open Details Strongly rumoured Celtic home,away and third. Remember its only rumoured. #celtic http://yfrog.com/h2cpbqrwj

  24. Bayern look much fitter than Real. Getting stronger as the game goes on…if it goes to extra time I think they’ll do it.

  25. BT

     

     

    Agreed!!

     

     

    I commented on the lead up to the game at ibrox that my concerns weren’t for the safety of those supporters actually in attendance but more so for those in pubs and clubs up and down the country.

     

     

    I have greater concerns regarding our supporters at this game.

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