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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. Awe_Naw_No_Annoni_Oan_Anaw_Noo on 25 April, 2012 at 11:40 said:

     

     

    I would not read too much into these headline that SDM was forced to hand over papers – all good media hype.

     

     

    A junior counsel appeared for D&P and the petition was not contested as no-one represented any of the other parties. In fact more time was spent by Lord Hodge pointing out the mistakes in the petition submitted by D&P than questioning its need.

     

     

    The reality is that Murray said they would hand over the papers but asked the court to request them in case of any confidentiality issues. Hence no legal representation by Murray or CB.

     

     

    Me thinks that there are no ‘smoking guns’ in what is being handed over and anyway by the time anything gets to a court ‘it will all be history’ as they say..

  2. Awe_Naw_No_Annoni_Oan_Anaw_Noo on 25 April, 2012 at 12:43 said:

     

     

     

    Looks like they’ve named all three, and if correct one of them is a QC.

     

     

    Sally must have known who they were, not the brightest to have them outed if one’s a QC.

  3. RalphWaldoEllison-is Neil Lennon Season 2011-12 on

    Donald Trump says he was “lured” into building his golf resort when he was given assurances that the nearby windfarm would not go ahead, according to the BBC.

     

     

    This is known as the David Murray defence, after the claim by the man who destroyed Rangers claimed that he was duped into selling the club to whizkid celebrity Craig Whyte.

     

     

    http://www.bbc.co.uk/news/uk-scotland-scotland-politics-17826561

  4. the long wait is over on

    Ally McCoists ouburst yesterday demanding the public naming of the three SFA officials is , IMO , nothing short of scandalous.

     

     

    To do so when the emotions of his support , who currently rely on him and no-one else for some guidance , are rising daily and when the tone of those emotions is becoming more and more extreme is , potentially, lighting the blue ( no pun intended) touchpaper.

     

     

    McCoist can no more pretend ignorance of the background of those who targeted Celtic’s manager and other high profile Celtic fans than anyone else.

     

    There may be no Rangers fans who will attempt to take matters into their own hands ( any sane person would hope not) but that possibility can’t be denied. If McCoist is half as intelligent as he appears that risk must have been considered by him. He has therefore failed to recognise the risk or deliberately ignored it.

     

     

    Either way it simply cannot go unpunished.

  5. Truth_Beauty_and_Freedom on

    Hi fellow Celtic Fans,

     

     

    I work for a top-10 IT Company who have a travel system called ‘ORC’.

     

     

    Now imagine the smile it brought to my face this morning when an email came round headed ‘Retirement of the ORC…’! :-)

     

     

    Yours in Celtic,

     

     

    TB&F.

  6. I have just noticed I have 1873 deleted items in my email account.

     

     

    Spooky or what……….?

  7. MadMoisty gets his demands met. I hope he’s prepared his defence.

     

    Nasty little fat toad.

  8. CultsBhoy loves being 1st on

    Is it just me?

     

     

    It’s irrelevant if Huns have a 12 month transfer embargo surely? Who in their right mind would either sell to or sign for them?

     

     

    People generally want paid in my experience of business…

  9. deekbhoy on 25 April, 2012 at 12:45 said:

     

     

    I’ve always assumed it was never an arms length deal, more of a damage limitation exercise by Murray and a piece of opportunism by Whyte, brokered by LBG.

     

     

    All three parties knew what the endgame was and how it was going to be achieved.

  10. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    deekbhoy

     

     

    I think the shredder will have been busy and it is documentation-al omissions that may prove interesting.

     

     

    Ernie,

     

     

    Dont expect anything to happen to Sally or Rangers at all.

     

     

    Far more concerned about Stewart Regans platitudes

     

     

    Hail HAil

  11. From rangers media after one of the panel was named

     

     

    Does anyone know anything about him

     

     

    If indeed he was one of the corrupt members, we’ll know his life story very, very soon.

     

     

    Very sinister

  12. Awe_Naw_

     

     

    It never ceases to amaze me that when you read their threads it is just pure hatred and bile they type. We at least have an informed opinion.

     

     

    In saying that, I will never tire of…

     

     

     

    Stupid huns…

  13. RalphWaldoEllison-is Neil Lennon Season 2011-12 on

    Place; SFA Referee Training Room

     

    Present; John Fleming and Callum Murray

     

    Task: Player identification – photo ID

     

     

    Fleming to Murray

     

    “Ok Callum FFS, one last time, which was is Ledley and which one is Wanyama?”

     

    Murray to Fleming “It’s on the tip of ma tongue, honest John”

  14. Duff and phelps, Mcoist and others in a position of “authority” may wish to start choosing their words a wee bit more carefully, this “everyone is out to kill our club” siege mentallity is so far wide of the mark its on a par with a Sebo shot from outside the box, Mcoist yesterday on rangers media was actively playing to the cretins amongst their support, thats a very dangerous game to play, there are already suggestions from their dark side media of planned public disorder, they do have the will to carry this out, lets be honest they have a long history of public disorder which in itself suggests it is one of the only things they are successful at, this situation does not need to be inflamed anymore by those in a position of “authority” quite apart from the fact the SFA should be having a word with the individuals, its either close to or past the time when Strathclyde Police may wish to take an interest.

     

    The selective amnesia of some involved within this overall debacle is frightening although not entirely surprising, forget any moral issue here of whether murray or whyte should not have did what they did, that is irrelevant, where there is no doubt is legally where the responsibilities lie, they lie square on the shoulders of the Club, its their mismanagement as a Club as a Comapny that has led to the events we see today, not on the shoulders of he 3 panel members,

     

    maybe ally on reflection wishes he had asked the pertinent questions of those on the Board at the time, well its not too late ally, ask your close friend mr murray of the blue knights, he has the answers you seek.

     

    Pay your bills like the rest of us

     

    Or

     

    Take your medicine

  15. the long wait is over on 25 April, 2012 at 12:48 said:

     

    ”Ally McCoists ouburst yesterday demanding the public naming of the three SFA officials”

     

     

    1. They’re not SFA officials. They are members of an independent panel.

     

     

    2. It wasn’t an outburst. It was part of a pre recorded interview on huns TV.

  16. Is Mise Neil Lennon on

    Just got this from RM! This novel form of protest should make for some interesting footage…

     

     

    Posted Yesterday, 08:13 PM

     

    Jelavic191, on 23 April 2012 – 10:46 PM, said:

     

     

    I do feel there has to be something done on Sunday by those in attendance to show the world that we aren’t backing down on this.

     

     

    why dont we have a mass orgy in the stands at halft time. that will show them.

     

     

     

    Posted Yesterday, 08:17 PM

     

    rfc89, on 24 April 2012 – 08:13 PM, said:

     

    why dont we have a mass orgy in the stands at halft time. that will show them.

     

     

    1. We’re not gay

     

    2. Let’s do it already

  17. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Wasn´t it Andrew Dickinson who interviewed Sally For hun TV ?

     

     

    Hail Hail

  18. Livibhoy @ 1225,

     

     

    re Elbows. far from man-marking him id let him stand on his own and win as many headers as he wants (outside the box that is obviously)………what we do is wait for the knock on and win that second ball. Thats the crucial part. Something we didnt do at all at Ibrokes last time out.

     

     

    Elbows is way past his best (was going to say prime, but would suggest he had excellence of some sort when clearly that was never the case) from his Wigan days and all he does his try to win headers and bully other players.

     

     

    Without davis, they have no-one in the middle to play the ball around. Aluko is their main asset now (although if he is paying his own wages, could he be classed as an assert??) and he’s the one i’d man-mark.

     

     

    But regardless if we play as we can (not our current hampden form!) then we WILL beat them. of that I have no doubt.

     

     

    Incidentally Brimmer i’d much rather we started in 1st but pedal to the metal and rattle through the gears to 6th and let them stall after starting in 5th!

     

     

    ;-)

     

     

    HAIL! HAIL!

     

    Token

  19. SFA say Craig Thomson unable to referee Old Firm game on Sunday due to family reasons. Calum Murray replaces.

     

    Retweeted by Phil MacGiollaBhain

     

     

    Tweet tweet

  20. traditionalist88 on

    Celtic fans, and indeed everyone else, need to be aware of the planned hun actions on Saturday and take as much care then as they will do on Sunday.

     

     

    There is talk of some mutants from Belfast coming over to support their ‘protest’ on Saturday, which appears to be a march culminating in a protest outside Hampden. Who knows what happens after that, but even if they disperse peacefully they will still be in ‘Rangers mode’ (when are they not).

     

     

    Stay out their way and let them embarass themselves.

     

     

    Of course, if its anything like the flash mob that turned up outside the big house on Admin Day there’ll be nothing to worry about;)

     

     

    HH

  21. starry plough on 25 April, 2012 at 12:56 said:

     

    ”SFA say Craig Thomson unable to referee Old Firm game on Sunday due to family reasons”

     

     

    His parents wedding?

  22. A lot of this situation reminds me of the reaction of the vicious Racist bigots of the (regalia wearing sash wearing class of emotional dwarfs) Deep South when they were confronted by the Civil Rights Movement…times were a changin’, a fairer levelling of power was coming, and black people were no longer afraid to stand up to the Anglo-Saxon Supremacist Bullies. This pokey hooded Klan of purists had to commit their evil crimes masked and at night, for these white patriots of the master race are inevitably stunted inadequate cowards who hide in mobs- generations of favouritism has made them morally weak characters and unable to deal with the wider verities of the real world beyond the incestuous certainties of their world-view… Ally has become the Witchfinder General for the atavistic nativists amongst the Orc masses. His mask of sanity has slipped & now we see the smooth crimson flabby cheeks of the Grand Dragon of flag wavers… he has become the poster boy and mentalist mascot for the anti-everything ‘Derry’s Walls Siege Mentality’ types in their horrible support. Cheeky chappy is slowly inheriting the mantel of imperial wizard of the bigot bampot as he panders to the hang em’ high mob mentality…now lets see how things go down when the bewildered herd are burning crosses at Queens Park and nailing their hypodescent Jim crow laws on the doors of Hampden…FPLG should be hung out to dry for that potentially inflammatory interview yesterday…

     

     

    PS

     

     

    Jabba is the apple polishing Daddy of bootlickers…no one comes close in his sheer narcissistic supply of the collective hun psychosis…

  23. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    “I was shocked and absolutely appalled by the way this supposedly independent judicial panel was coming down on us in this form.

     

    “Who are these people? I want to know who they are. I’m a Rangers supporter and the Rangers supporters and Scottish public deserve to know who they are, people who are working for the SFA. Make no mistake about it, this is an SFA decision.

     

    “They have appointed the panel so therefore they’re working for the SFA, but who are they? I think we have a right to know who is handing out this punishment to us, I really do.”

     

    “In terms of our supporters, again they have received another kicking and we just feel it’s time to start fighting back. You can guarantee we will be fighting back.”

     

     

    Dangerous words and not Awe Nawed

     

     

    Hail Hail

  24. Lads do any of you have a contact email for the SFA because after that scum website naming who was on that panel it’s absolutely despicable and surely now these guys can’t sit on the appeals panel.

     

     

    McCoist you are a fat pr**k and you better get pulled up for what you’ve done, you’ve put them poor guys life in danger.

  25. Hold on.

     

     

    Callum Murray??? WTF. That’ll be 2 hun games in a row and 2 derby games in a row. Mr tunnel incident, Mr ‘off ye go Cha for minimal contact and there’s yer yellow Shittaker for the assault’. I could go on but I can’t see my screen due to the steam coming out my ears.

     

     

    Yet the stupid stupid huns think the SFA hate them.

     

    Waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah

     

     

    brimmer

  26. This old chestnut lol lads.

     

     

    @mrewanmurray: SFA say Craig Thomson unable to referee Old Firm game on Sunday due to family reasons. Calum Murray replaces.

  27. Som mes que un club on

    Did domeone not post the other day that Craig Thomson (or the firm he works for) are due money from Them?

  28. RalphWaldoEllison-is Neil Lennon Season 2011-12 on 25 April, 2012 at 12:47

     

     

    Trump also said that he saw a wee red haired guy lurking in the background and he was positive he had something to do with it!

     

     

    brimmer

  29. wonkyradar on 25 April, 2012 at 12:59 said:

     

     

    I just watched Mississippi Burning again the other night and was not surprised to see the similarity in the characters portrayed in the film with the rabble collected around the dying huns.

     

     

    The times they are a changing and they don’t like one little bit, no siree Bob..

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