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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. The last time they tried to do a mass protest was to the BBC HQ to protest against the lies that were aired about their Mr Whyte.

  2. On the music theme for Sunday –

     

     

    “You ain’t seen nothing yet!” – Bachman Turner Overdrive.

     

    HH

     

    PS. Did Thin Lizzie not sing this as well?

  3. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Ewan Murray

     

    guardian.co.uk, Tuesday 24 April 2012 23.01 BST

     

     

    administrators claim they are confident of a successful appeal against the 12-month transfer ban placed on the club by the Scottish Football Association.

     

     

    The governing body imposed the sanction on Rangers after an independent judicial panel found the club guilty of bringing the game into disrepute during Craig Whyte’s time as owner and chairman. The penalty triggered a furious reaction from the Rangers support and from Duff and Phelps, the administrators in charge of affairs at Ibrox.

     

     

    “I think the prospect of winning the appeal is extremely high,” said David Whitehouse, Rangers’ joint administrator. “It’s only a question of timing. We need to accelerate the process. An appeal hearing in August won’t be any help to us – we need to deal with these issues now.

     

     

    “The feedback we’ve had unofficially from the SFA, certainly from the Scottish Premier League, from advisers and commentators, is that it was a judgment that was certainly not anticipated. It doesn’t seem to sit comfortably in terms of the commerciality of what all parties should be seeking to achieve here.”

     

     

    Stewart Regan, the SFA’s chief executive, said: “I can fully understand the fear and frustration felt by all Rangers fans throughout the most difficult period in the club’s history. The Scottish FA has a responsibility to all its members and must implement its rules without fear or favour.”

     

     

    Whitehouse added that Rangers are taking the advice of a QC relating to the judgment. The appeal could be held as early as next week. Whitehouse said: “Effectively the players are akin to stock in a normal business. If you are going to have a normal business, you need trading stock, trading assets. The players are those assets. If the business can’t buy new stock, can’t buy new players, it clearly diminishes the value of the business. So one of the things we’ve raised is we’re not convinced that this ruling is actually lawful.”

     

     

    The wider issue relates to Rangers’ search for a new owner. No party has been handed preferred bidder status; Whitehouse reiterated the impending financial trouble if such a scenario remains.

     

     

    “We need to have a resolution by the end of the season,” Whitehouse said. “That’s a cash deadline. We are funded until then. We still have adequate time to put in place a company voluntary arrangement but we’re now looking at a period of couple of weeks to get it really progressed.

     

     

    “We need to accept an offer very, very quickly, and, brutally, we need to have an offer to accept. Because if we get to a scenario where nobody has actually submitted an offer, then the prospect of achieving a sale doesn’t exist.

     

     

    “It’s in the gift of the interested parties to bring forward an offer that is capable of acceptance. To achieve that‚ what is absolutely clear from what has happened over the past 24 hours but, more realistically, the last three weeks‚ we also require the pragmatic support of the football authorities.”

     

     

    Rangers have not even been afforded any football-related respite. The club have confirmed they have suspended their Northern Irish forward Kyle Lafferty for a fortnight after the player did not meet up with the squad for last Saturday’s game at Hearts. Lafferty, who has been suffering from a from a groin injury, believes he requires immediate surgery.

  4. infrequent contributer to the blog but a daily reader.

     

     

    re: craig thompson

     

    advise posters leave this one. it’ll reflect badly.

     

    please pass on to anyone posting later.

  5. SFA must also believe that this will be the last Celtic/rangers game in a while if they are bringing that lying rat Murray in.

  6. Neil Lennon already in the stand Sunday, so I expect him to be sent to the car park…

  7. The Token Tim on 25 April, 2012 at 12:54

     

     

    In my experience if you start in 1st it’s extremely difficult to get thru the gears thereafter. Not for me my friend, start like a race car and finish like a Rolls royce corniche. Style and class will overcome in the end. It’s always thus if your playing a team of very very limited ability.

     

     

    brimmer

  8. Would anyone trust Murdo Fraser to fairly and equably support all sections of Scottish Society. Would anyone trust taxpayers money in his hands?

     

     

    The Rangers crisis has thrown open to the taxpayer and the population as a whole the actions and priorities, and prejudices of many in our areas of influence . It has not been a pretty sight.

     

     

    The media have in turn gone from scorn to denial to indignation to threatening to pleading and then back to threatening . Not all of them, and some have come out with credit. Live broadcasting is dangerous territory for them.

     

     

    Many are unable to contain their emotions. Thats somewhat understandable, if they are Rangers supporters. However they are supposed to be professional first and foremost. Some of them have been completely unprofessional, with comments bordering on hysteria

     

     

    Politicians also come out of this badly. Politicians are supposed to lead. They are lawmakers , and the importance of impartiality is absolutely sacrosanct when making laws. It is obviously acceptable to make laws which follow a manifesto, which has a particular political ideology.

     

     

    Tax the wealthy at 80% or at 5% is an acceptable law as long as you include it in your manifesto, and then we and subsequently parliament votes on it. What is not acceptable is to use your influence as a lawmaker to leverage for support for a personal cause. Especially if that personal cause results in hardship and loss for other sections of society. Thats where politicians are failing. Especially prejudiced and biased ones like Murdo Fraser.

     

     

    The Rangers crisis has delivered a shameful performance from most of our public figures. There has been a complete lack of leadership. Some have actually gone as far as to say Integrity is irrelevant . What a message to give to society and young people in particular.

     

     

    It doesn’t matter if you cheat, steal, act corruptly, avoid paying legal taxes and suppliers

     

     

    Thats the type of leadership and message that media and politicians have been giving out.

     

     

    Actions as described above should have no consequences, or at worst very limited ones, if you are important to the media and individual politicians. thats what they are telling us, thats a disgraceful message and a complete abdication of leadership

     

     

    sadly, it’s not in the least surprising

  9. Murray was also the ref last week at Tynecastle where he allowed Whittaker to remain on the park despite nearly breaking Grainger’s jaw

     

     

    Impartial is not a word that is in Calum Murray’s vocabulary when reffing a game involving Celtic

     

     

    He is a cheat. End of story

  10. Traditionalist88

     

     

    Been saying that for a few days now, All tims need to be on their guard and to take care at all times. The orcs are going to turn more vicious than normal, if thats possible!

  11. Thinking about my team, and have 9 certs.

     

    Could anyone tell me if Matthews is fit? Cheers

     

     

    brimmer

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

    doolittle on 25 April, 2012 at 13:07 said:

     

    infrequent contributer to the blog but a daily reader.

     

     

    re: craig thompson

     

    advise posters leave this one. it’ll reflect badly.

     

    please pass on to anyone posting later.

     

    ….

     

     

    Fine, but could the SFA not gotten anyone else to replace him. That is the main complaint, not that Craig Thomson has had to withdraw for family reasons.

     

    They have scored an OG by appointing Murray.

     

     

    HH

  13. Hope Mr Drysdale “who likes to spend time with his dog” has a couple of very large & vicious Dobermans…a few less knuckle dragging huns in the world can only be a good thing for all of us…

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

    paulsatim

     

     

    Cheers, I knew it didnt’ sound right somehow.

  15. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Som mes que un club on 25 April, 2012 at 13:03 said:

     

     

    Are you suggesting a conflict of interests regarding Craig Thompson the company he works for and the money that they are owed by hun fc?

     

     

    Mhhhhhhhhhhhhhhhhhhhh………..

     

     

    Does Calum Murray work for Duff & Phelps ?

  16. Doolittle

     

     

    I for one hope that this change is not caused by a major concern within the Craig Thomson family. I hope all is well for him and his family.

     

     

    Even so to appoint Murray to his second Celtic v Rangers match in succession is strange. There are other referees who have not yet had a Celtic v Rangers match.

  17. ArranmoreBhoyLXV11 on

    The incredulity of the peepel being punished, is a spectacle to behold..

     

    The peepel have long felt above the law, and in fact behaved and were allowed to behave above the law..

     

     

     

    It s joyous to watch them being punished.. Some of the callers on SSB were priceless..

     

     

    I always like to start with the century plus discrimination against Catholics, before any other arguments..

     

     

     

    A sewer of a club…

     

     

    Mc Moist played during these times..

     

     

    Sally-shut up or apologise..

     

     

    HH

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

    paulsatim

     

     

    Cheers, I knew it didnt look right somehow.

  19. traditionalist88 on

    Serge

     

     

    Exactly, one of them wanted them to go and block the entrances to McDonalds after the march on Saturday. Moronic doesn’t come close!

     

     

    HH

  20. RalphWaldoEllison-is Neil Lennon Season 2011-12 on 25 April, 2012 at 13:12 said:

     

    Fine, but could the SFA not gotten anyone else to replace him.

     

     

    Who? Collum? Norris?

     

    There are only four refs they give the big games to

  21. RWE@13:12

     

     

    Correct

     

     

    It is the appointment of Murray as the replacement ref that is a total embarrassment

     

     

    The man despises Celtic as his performances this season have patently shown

  22. Barcabhoy on 25 April, 2012 at 13:11

     

    I’d rather trust Nat fraser mate ;))))))))

     

    brimmer

  23. From Evening Times

     

     

    RANGERS’ Glasgow Cup winning Under-17 side will be given the chance to take a bow in front of a packed Ibrox.

     

     

    By BERT MITCHELL

     

    Coaches Billy Kirkwood and Tommy Wilson and their team will parade the impressive Glasgow Cup at half-time during next Wednesday’s SPL clash against Dundee United in celebration of their recent success against Celtic.

     

     

    The Ibrox Colts will be given the opportunity to walk out in front of the stadium when it is packed with Peter Houston’s United the opposition a week tonight.

  24. Hi Paul,

     

     

    We all love a trier but these guys go way over the line, they are supposedly Professionals, they need to start acting like it, they have responsibilities.

     

     

    You know they’re trying it on I know they’re trying it on but some R@ngers fans who are no’ au fait with the nuances will have their misplaced sense of injustice reinforced.

     

     

    Things could get ugly(er)

  25. Brimmer

     

    You asked…

     

     

    Could anyone tell me if Matthews is fit? Cheers

     

     

    My wife says he is but he is way too young for her!

  26. RalphWaldoEllison-is Neil Lennon Season 2011-12 on 25 April, 2012 at 13:12 said:

     

    doolittle on 25 April, 2012 at 13:07 said:

     

    infrequent contributer to the blog but a daily reader.

     

     

    re: craig thompson

     

    advise posters leave this one. it’ll reflect badly.

     

    please pass on to anyone posting later.

     

    ….

     

     

    Fine, but could the SFA not gotten anyone else to replace him. That is the main complaint, not that Craig Thomson has had to withdraw for family reasons.

     

    They have scored an OG by appointing Murray.

     

     

    HH

     

     

    I agree.

     

    They could have appointed….

     

    collum….oh wait.

     

    norris…nope.

     

    brines…eh no.

     

    richmond….next

     

    o’reilly…..hmmm

     

    In truth it doesn’t really matter who they appoint its what they appoint…a scottish ref.

  27. Latest RangersMedia article stating how they will dominate Scottish Football with a Youth Squad.

     

     

    Stupid huns…

  28. Traditionalist88

     

     

    The worst thing is they will attack & abuse anyone who stands in their way, whether it be woman or child. A disgusting vile lot. I hope all tims stick together before and after the game. They will be out to do damage, It’s everyones fault but their own. We see how vicious they are in victory, in defeat & death i dread to think what they will be like. I would not be suprised to see them turn murderous, thats how evil and full of hate they are. That’s why i asked Paul if he would kindly put up a warning to everyone before the game. HH

  29. Awe_Naw_No_Annoni_Oan_Anaw_Noo on 25 April, 2012 at 13:10 said:

     

    The Scottish Football Association

     

     

    Cheers.

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

    Ok who would we least like to have ref the game on Sunday. I suspect that Murray and Brines would top that poll.

     

     

    The point was origonally in response to doolittle cautionary post about making too much of Craig Thomson’s withdrawa. To get the focus on the replacement debate rather than the withdrawal itself.

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