Thistle’s aim for top 6, the liquidator’s duty

490

It’s another big day in the title race as Aberdeen visit Firhill. Partick Thistle’s form has been up and down recently, losing to Hearts and Dundee United, beating St Johnstone home and away, winning and losing against Motherwell, all in their last six games. They have not won or lost by more than two goals win or defeat since November.

Aberdeen’s games since the turn of the year have also been tight, a 3-1 defeat at Inverness last month is the only occasion there has been more than a single goal in any of their games. It’s likely to be tight tonight.

A win would put Thistle into the top six, is it too much to ask…….

Natural justice would suggest that Rangers liquidators, BDO, should be allowed to appeal to the Supreme Court on the club’s creditors’ behalf (they were granted permission to appeal this morning). Rangers won the initial decision on a number of their players EBTs, and then the first appeal, so it’s clear there are finer points of law at play.

With Rangers now in liquidation, creditors may wonder why BDO are spending their (diminishing) pot of money on what is sure to be extravagant legal fees, especially as HMRC is the most influential creditor.  Liquidators have a responsibility to the creditors to dismiss any claims on creditors’ funds which cannot be substantiated.  If the liquidator wins at the Supreme Court, all creditors apart from HMRC will receive a higher payout.

I don’t imagine Supreme Court hearings and written judgements are arranged in a hurry, so put this one on the back burner for a while, but there remains a lot at play here.  I’ve tried to steer clear of the issue for a while now, as it’s little more than a distraction, but that’ll change should HMRC win in London.

Good luck to Thistle tonight.

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  1. Robinbhoy,

     

    I haven’t bought the record for about 14 or 15 years however like you I see copies in newsagents or left inpublic places. Just about each time, I’m surprised at the poor quality. I suppose they have to do something to justify their existence. There’s always going to be people willing to try to cause trouble where there isn’t any, or any need for any.

  2. Mr Pastry

     

     

    Thanks for the detailed reply, which made me glad that I’d qualified my question.

     

     

    I still think there’s enough for the club to say on the matter without waiting for the never-ending EBT decision.

     

     

    The improper registration of players, a vast landscape of deception and rule-breaking, the liquidation of Rangers, neither of these depend on the outcome of the EBT usage case.

     

     

    I mean, even if the decision were to be reversed on appeal, it wouldn’t mean Rangers were ‘unliquidated’, would it? ( I’m spelling that with a silent ‘h’ obviously).

     

     

    So the same club/ continuous history crap could be challenged anytime.

     

     

    And might it not have to be challenged when Sevco make their maiden voyage in the top tier claiming to be Scotland’s most successful club, a claim that would surely affect our brand/ ability to attract the best sponsorship deal, and even players?

     

     

    I’m reminded of the vultures t-shirt.

     

     

    “Patience my ass! I’m gonna kill something!”

  3. Brogan Rogan Trevino and Hogan supports Oscar Knox, MacKenzie Furniss and anyone else who fights Neuroblastoma on

    Good Morning,

     

     

    In the middle of the night I read back and saw some very good posts re the whole EBT affair and the judicial process.

     

     

    In my view, leave to appeal was always going to be granted and it is right that it was granted.

     

     

    The reason for seeking leave to appeal on specific grounds is so that when the Supreme Court receive the papers they have a tightly defined case complete with papers that contain three commentaries on the appeal points.

     

     

    The first is the grounds of the appeal and the supporting arguments.

     

     

    The second is the response to those grounds of appeal by HMRC and their arguments and

     

     

    The third will be the comments from the three judges on how they decided the case and their commentary on the appeal points.

     

     

    That then puts that case into a time line and it will have to wait in the queue.

     

     

    As we know there are criminal prosecutions pending, and rightly nothing can or should be done to prejudice any criminal trial.

     

     

    HOWEVER

     

     

    All of that is a squirrel in many respects.

     

     

    There are many instances where legal proceedings or civil proceedings may well have an impact on another legal position which should be getting dealt with in tandem.

     

     

    Lawyers deal with that situation all the time and know precisely what steps to take.

     

     

    My concern, is that having been presented with all the information and having been given the opportunity to study that information and their consequences, Scottish Football, the SPFL, all the clubs and particularly Celtic PLC take no action about the potential shenanigans of the SFA.

     

     

    There is a route to UEFA whereby you can raise a complaint and have them conduct an investigation and ultimately prosecute any wrongdoing.

     

     

    However, there is a five year statutory time limit on any such proceedings and we are rapidly approaching the 5th anniversary of the UEFA licensing application which is at the heart of the issues which were focused by Res 12.

     

     

    This rule must be known by the executive of Celtic PLC in particular and if they have taken no formal steps to preserve that time limit, then to be frank the executive is not fit for purpose and has not been seen to look after the potential interest of the shareholders.

     

     

    A public statement from Celtic is one thing, and I can understand the notion of not announcing what you are about or doing, however weaving your way through the footballing rules is another entirely and in the world of rules and laws the golden rule is that if you fail to prosecute your rights, or even preserve them, then you lose those rights.

     

     

    Inactivity in the eyes of the law equals passive acceptance and leads to you being personally barred from raising the matter later.

     

     

    It would be perfectly proper for Celtic or any other Scottish club to raise the matter with UEFA within the time limit and ask that the procedures, representations, papers and explanations thus far provided and supposedly followed by the SFA be investigated and examined but request that any prosecution be placed on hold pending the outcome of any criminal proceedings etc.

     

     

    However, any failure to take those rudimentary and basic steps would suggest that we have clubs and a game in Scotland that is neither worth spiritual or economic support.

     

     

    That is the real issue at this time.

  4. !!Bada Bing!! on

    BRTH-you may be optimistic thinking someone in our Boardroom knows about the 5 year rule. HH

  5. BRTH,

     

     

    As always : many thanks for eloquently putting what many of us want to say. Especially from a legal background.

     

     

    To a non legal mind like myself silence = complicity.

     

     

    HH.

  6. Jungle Jim Hot Smoked on

    ernie lynch`s comment made me smile.

     

    Does that make me a bad man?

     

     

    JJ

  7. macjay1 for Neil Lennon on

    BROGAN ROGAN TREVINO AND HOGAN SUPPORTS OSCAR KNOX, MACKENZIE FURNISS AND ANYONE ELSE WHO FIGHTS NEUROBLASTOMA on 9TH MARCH 2016 8:51 AM

     

     

    It would be perfectly proper for Celtic or any other Scottish club to raise the matter with UEFA within the time limit and ask that the procedures, representations, papers and explanations thus far provided and supposedly followed by the SFA be investigated and examined but request that any prosecution be placed on hold pending the outcome of any criminal proceedings etc.

     

    ===============================================================================

     

     

    Is it possible that such representations HAVE been made , but that the general public are unaware of that fact ?

  8. Phyllis Dietrichson on

    BRTH – A timely shot across the bows for our Board.

     

     

    The five-year deadline – I presume it runs out on 30 June, when the SFA should have made clear to UEFA that there were taxes outstanding?

  9. South Of Tunis on

    Lazy journalism .

     

     

    Nice wee tribute to George Martin on the radio earlier . Only problem was it was the wrong George Martin .- ( the one who wrote Game Of Thrones ) Someone must have told them -I hour later they got it right ..

     

     

    Man produced _Gerry and The Pacemakers -You’ll Never Walk Alone ( and some other choons )

  10. BRT&H @8:51

     

    ——————

     

    Interesting post – tell me, on the statutory five-year limit issue – are you certain that Celtic have not raised the issue, and if they had, would it necessary be in the public domain?

     

     

    Absence of evidence of what Celtic are doing and thinking, is not evidence of absence of not doing something and thinking plenty.

     

     

    I think it stretches the imagination to extraordinary lengths to suggest that our club is being passively complicit in such an obvious abuse and cover-up.

     

     

    What on earth would Celtic have to gain with this strategy, knowing full well that eventually everything will ‘come out in the wash’. We have suffered the consequences of cheating by Rangers and maladministration by our governing body and have survived, why on earth would we now be reticent in stating our grievances?

     

     

    I believe that we will only get one chance to put the record straight and ‘nail’ the wrongdoers – that chance needs to be seized with the best evidence we can muster – any weakness in any area will be an excuse for a hostile media to rubbish our whole case.

  11. eddieinkirkmichael on

    Brogan Rogan Trevino and Hogan supports Oscar Knox, MacKenzie Furniss and anyone else who fights Neuroblastoma on 9th March 2016 8:51 am –

     

     

    Given your involvement with resolution 12, that post worries me.

  12. Jungle Jim Hot Smoked on

    Eddie

     

    Given I had forgotten BRT & H`s involvement, your post has worried me!

  13. JJHS

     

     

    No, he hasn’t!

     

     

    He’s still not told me, having seen the sheep ‘live’ last night, how many points he thinks they’ll take from their remaining games, not counting the one at Paradise.

     

     

    He was distracted by the wiles of yon Maggie McGill, right enough.

  14. JJ the appropriate response is: Are you a hun?

     

     

    Where on earth is your sense of etiquette? :-)

  15. Joe Filippis Haircut on

    Morning Bhoys Well those Dandy Dons are not for giving up after a good away victory against Partick th.they are now only a point behind us although we have a game in hand. It looks like the title race may well go right to the wire and makes the SPL more competitive. H.H.

  16. Canamalar it looks like OCD obsession on

    BRTH,

     

    Thought we were keeping such info close to our chest, a wee heads up and why it’s a good idea to tell the world we are aware of the regulated prosecution limitations would have been nice.

     

    Obviously since finding out, you have stewed on this a bit and maybe forgot to turn down the heat to simmer :)

     

     

    Bada bing,

     

    It’s their job to know these rules, Mr Pasrty keeps telling us they have the best legal minds available, so something like this will be well known, the 5 year rule was a new inclusion of the 2015 rules. Every club wanting to participate in UEFA competition, updates and makes themselves aware of changes to the rules. This was a big change.

     

    The club should have and the SFA would have been aware of this rule when they invited us to open direct correspondence with the SFA in April last year, which may be why BRTH is stewing, considering the time wasted on this pointless exercise.

     

    I would have preferred to have kept our knowledge under wraps to ensure any contingency plans to thwart our knowledge dependent strategy was enacted too late. Hopefully BRTH has came up with a counter move that will nullify any such contingency.

  17. Jungle Jim Hot Smoked on

    Anyone feeling their posts do not receive a sufficient response? Be flippant. That will do the trick .

     

    Cheerio for now. Golf beckons.

     

    JJ

  18. Canamalar it looks like OCD obsession on

    Phyllis..,

     

    There are a number of possible deadlines including the end of this month, that’s the one we are working to.

  19. Gowfer.

     

     

    Flippancy can also indicate that you’re not that arsed, so no harm done!

  20. So, is it true that with this 5 year thingy that, the deid(LOL) huns will have been kicking aboot for 9 years before….justice is served ?

     

    Fluk that !

     

    Only a rebellious Celtic board will bring justice home.

     

    Only a rebellious Celtic board will put a manager in the dugoot who’ll realize that, for Celtic on the pitch to get justice….the manager will have to get his ‘Stein – heid’ on, wider than the Clyde….and them some.

     

    A Green & White bushy tail in the dugoot is a ‘must’ for Celtic FC.

     

    No more projects or, compliant downsizing merchants.

     

    But, having said all that……Celtic will ‘never’ be Celtic until……the poor fholk run the club.

     

    Change the dynamic and get a wummin in control of the club…..blaze the trail!

     

    There is no greater, Celtic heart and soul on this planet than that which belongs to – Jeanette Findlay.

     

    Don’t fear the future….embrace it….

     

    You’ll Never Walk Alone….in the Jungle.

     

    …….bye………

  21. GuyFawkesaforeverhero on

    Celtic’s ticket office were still selling briefs for Firhill to season ticket holders yesterday morning, I picked up one over the telephone.

     

     

    Ordinarily, I buy one from spares at the ground on the day of a game but I’m keen to see Saturday’s match and my normal lazy approach isn’t always successful.

     

     

    Right, where’s the postman when you need one?

  22. South Of Tunis on

    ” Although golf was originally restricted to wealthy , overweight Protestants , today it’s open to anybody who owns hideous clothing “.

     

     

    Dave Barry

  23. Canamalar it looks like OCD obsession on

    Kevj,

     

    The rule breaking happened in season 2011/12, when the outstanding tax bill was issued.

     

    Don’t get yer knickers in a twist just yet.

     

    Hail hail and keep on keeping on

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