News that Rangers FC Group Ltd had settled a dispute with solicitors Fyfe Ireland ahead of a hearing scheduled for tomorrow brought another legal matter to the fore today. BBC lawyers have been on red alert since last month when a spokesman for Rangers owner, Craig Whyte, said he “has instructed his lawyers, Carter Ruck, to commence immediate legal proceedings against the BBC” following the BBC Scotland Investigates documentary, Rangers: The Inside Story.
However, I hear nothing has been received from Carter Ruck, or any other lawyers, in connection with claims made in the documentary, much to the disappointment of some, who hoped for swift and meaningful action to settle the allegations, and others, who were keen to see the issue play out in court. As a result, a couple of jounros I’ve spoken to feel emboldened on this subject….
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tommytwiststommyturns says:
23 November, 2011 at 12:49
Mulgrew & Loovens both still out tonight so Big Vic will be centre half
Saint Stivs says:
23 November, 2011 at 12:50
They’re a tad nasty eh?
At least Leckie actually goes to loads of football (has been seen at a number of Brechin, Arbroath and Forfar games amongst the crowd, i.e. not as part of ‘the press’), so in that way i can almost respect that he does have genuine concerns about the game. His use of language is thoroughly disgusting though and sits very well with what he ham-fistedly tries to decry (or stir up as appears to be the case).
His credibility as a journalist was lost about 20 years ago.
Jabba is simply a fat orc playing at pretendy journalist for his entire career. Not an ounce of credibility at all.
I think they pursue the GB as they are easy targets who would be hard pressed to follow through with any litigation regarding the peddlers of the continuous stream of lies arrayed against them. One gets the feeling that they’ve been told in no uncertain terms to back off of Neil Lennon or perhaps face a civil action in light of the build up to that mini-orcs assault ergo an easier, yet still Celtic, target had to be found.
Will the game be shown live on telly anywhere (is UEFAs ban global?) or on the HINTernet perchance?
Folly Folly says:
Are you registered with the FSA … ?
FF
A bit like Rankers I’m not even registered with the SFA!
play
playfusbal4dguilders at 13:08
Thought as much!
Hail, hail.
Strange this CL ban on domestic games. Doesn’t seem to affect the FA Cup game between Bath and Dagenham being broadcast live on ESPN between 7pm and 9.45pm tonight – or is that viewed as a bit of a pub match?
Chaps, obviously Philvis is King of the Podium, but sometimes he needs to attend to urgent business, like growing an awesome moustache, being a puffin impersonator, or miscellaneous.
Anyway, re: Craig “Walter” Whyte, I had the feeling as soon as he mentioned Carter Ruck that he was spreading manure, because he mentioned the name Carter Ruck.
Craig Whyte has been already been dragged to the steps of the courts by much smaller and less expensive local law firms that had the temerity to expect to be paid in a timely manner. Carter Ruck are a famous and very expensive London firm specialising in libel. I don’t think Craig Whyte can afford them, based on his problems with Scottish lawyers.
My personal view is that Whyte let slip the name Carter Ruck because he’s a Walter Mitty character who likes to give the impression of great wealth while simultaneously feigning to be a modest, intensely private person whenever anybody asks about said great wealth. (I know, I know, I should be a detective)
For example, the media have repeatedly claimed that Whyte owns a “£5m castle” or has “spent £5m restoring Castle Grant”.
I sincerely doubt this is true. But guess where the £5m figure came from?
Answers on a postcard.
Here’s my predictions for future pearls we can expect from Craig Whyte:
* “My Dad owns half of America!”, says Scots tycoon
* “My car can do 200mph but no, you can’t see it because it’s in the garage getting the talking computer replaced!”, boasts Motherwell millionaire
* “I’m so rich I shop at Aldis for fun so I can slum it with the common people!”, opines thyroidally challenged man carrying a bag of frozen chicken drum shapes.
* “That money was just resting in my account!”, claims unlikely billionaire who was banned from being a company director for seven years over financial irregularities (thumbsup)
Daily Rangers
Rangers boss Craig Whyte won’t receive apology from BBC Scotland over documentary
Nov 13 2011 Exclusive by Norman Silvester, Sunday Mail
BBC Scotland will not say sorry to Rangers owner Craig Whyte after being threatened with legal action over a documentary about his business career, we can reveal.
Whyte – who accused the Beeb of “muckraking” – has offered to drop his damages action against them if they say sorry.
He banned the BBC from Ibrox last month after they claimed he may have broken the law in previous business dealings.
And Whyte ordered London solicitors Carter Ruck to sue.
They wrote to the BBC offering them the chance to retract some of the allegations and apologise to avoid a damages claim.
But BBC lawyers have written back standing by the documentary and refusing the offer.
Senior sources last night said the Beeb will not be retracting the claims or making an apology.
Yesterday a BBC Scotland spokesman said: “We stand by the programme.”
A spokesman for Whyte said: “This legal action against the BBC is not about money.
“Mr Whyte refutes all allegations of criminality made by the BBC.”
As Carter Ruck are an English firm, they cannot appear in Scottish courts on behalf of Scottish clients.
They have hired Glasgow media law firm Bannatyne Kirkwood France, on Whyte’s behalf, to sue the corporation.
Hail Hail
http://scotslawthoughts.wordpress.com/2011/11/13/what-has-happened-to-craig-whyte%E2%80%99s-threatened-court-action-against-the-bbc/
Hail Hail
Afternoon bhoys, warm and still hun free.
The game tonight is on a few streams, the game on sat is on bet365 outwith britland and Ireland.
Not a bother tonight, can’t see anything other than a convincing win.
emu
You have mail.
dirtymac
I see today Davis has not ruled out a move to England in January. Yesterday, rangers let the Sun run with a story that bidding in Janurary for Jelly bean starts at £7.5 Million.
They are F***ed! The Players know it, everyone knows it.
Shieldmuir Celtic says:
23 November, 2011 at 12:44
To pay for Peter’s next big fat bonus.
Edit- sorry, just realised you asked for a GOOD reason.
Philvis,
Carter Ruck list him as one of their recent clients on their web site.
That’s where the last of rangers money is getting spent.
J77 – CH 67 or online stream if you are not attending
philvisreturns: 23 November, 2011 at 13:11
Fortunately for Mr Whyte the only people he has to fool are still struggling to raise their knuckles off the ground when they are in motion.
Multi-tasking is not among their greatest attributes.
Edu off to Blackburn
McGimp off to Greece (good table economy there)
Davis going back to Villa or Fulham (It was always his ambition to return to either of the clubs where he never made the grade)
Weir to retire in January
Hail Hail
Journos may feel emboldened but, if they are old media, they answer to editors who answer to publishers who answer ro shareholders. Plenty of scope for stories to get buried if they upset the apple cart.
On a related topic, yesterday someone posted that the Sun admitted they got it wrong by arresting a youth wearing a Pope scarf. Did other papers pick up on this? I would have though this simple act where the police think they are following the law by arresting someone for wearing a Pope scarf would have been the perfect example to show how ridiculous our country has become. I assume the police were told by a friendly lawyer that they would be laughed out of court, or worse, if they tried to prosecute the lad.
Paul67/Anyone
Is this mince story true, that Celtic tried to bring back Strachan as a Director of Football but could not agree terms?
I also like the fact Jangle Jackson states Scott Brown is being ‘forced out of parkhead’. I would say forced out is not being offered a new contract not refusing to pay a greed agent. What do I know…
HH
philvisreturns says:
23 November, 2011 at 13:11
A very astute post on Mr Whyte lie,perhaps you can takeover from Paul67 on occasion
(he needs a rest) bonus is, you are guaranteed podium.
Your friend in Celtic vp.
http://www.carter-ruck.com/Media%20Law/Recent_Work.asp
Craig Whyte
Carter-Ruck is advising Rangers FC and its Chairman, Craig Whyte, in respect of the BBC Scotland programme “Rangers – the Inside Story” broadcast on 20 October.
Mr Whyte and Rangers FC are represented by Ruth Collard and Athalie Matthews.
http://www.carter-ruck.com/Lawyers/cv.asp?name=Ruth%20Collard&ID=6
Ruth read law at Queens’ College, Cambridge and trained at Carter-Ruck.
Ruth became a partner in 1994 and her clients include prominent individuals, such as politicians and celebrities, multinational companies, professional associations and publishers (for whom she undertakes pre-publication reviewing as well as litigation). In addition to her core specialisation of defamation, privacy and other media-related litigation, Ruth has also conducted large scale commercial litigation for both claimants and defendants.
Ruth’s notable cases include acting for Princess Margarita of Romania against the Evening Standard, for Sir James Goldsmith against the Observer, for the businessmen David and Simon Reuben against Fortune magazine, for football chairman Ken Bates against the Mail, for Jemima Khan against the press, for Ben Elliot, the businessman and nephew of Camilla Parker Bowles, against the Sunday People, for Biwater Plc against Private Eye, for the writers Laurence Marks and Maurice Gran against the Observer, for the Referendum Party against Sunday Business and, in defendant actions, representing Carlton Books and the Scotsman newspaper. She was also responsible for one of the earliest conditional fee cases, for Helen Brinton MP against the Sun, and advised Penguin Books in connection with the publication of Christopher Andrew’s book on the Mitrokin archives which “outed” the “grandmother spy” Melita Norwood.
Ruth has also been responsible for cases which have established new law, including Sawkins v Hyperion Records (a ground breaking copyright case in which Ruth successfully represented the composer and editor Lionel Sawkins at trial and in the Court of Appeal) and Gough v Bedfordshire on Sunday (which established new election law, when Ruth acted in successfully overturning the trial judgment in the Court of Appeal).
Ruth has also regularly lectured to other solicitors on defamation issues.
Email: ruth.collard@carter-ruck.com
Awe_Naw_No_Annoni_Oan_Anaw_Noo says:
23 November, 2011 at 13:18
Davis going back to Villa or Fulham (It was always his ambition to return to either of the clubs where he never made the grade)
Watchin Villa on Monday night, they could do with Davis. Felt sorry for Stan with 2 defenders and Heskey for company in midfield. Better midfielders on the bench (Bannon, Ireland, NZogbia) but obviously play too much football for Big Eck’s liking.
The Honest Mistake (Sickened) – He’s Carter Rucked. (thumbsup)
Steinreignedsupreme – Fortunately for Mr Whyte the only people he has to fool are still struggling to raise their knuckles off the ground when they are in motion.
They love all that brown brogues stuff.
Just think though: Sir David Murray got rid of the huns and their debts for £1.
Deal of the century. (thumbsup)
ASonOfDan says:
23 November, 2011 at 13:20
Nah, they were locking up last night and Brown was on a winning streak on the puggy in the players lounge and didnae want to leave.
Security were called.
Got it off a text from a mate of a guy that changes tyres on taxis so it must be true.
voguepunter – Hmmmm. (thumbsup)
Awe_Naw_No_Annoni_Oan_Anaw_Noo says:
23 November, 2011 at 13:11
BKF are Carter Rucks Scottish agents and have been for donkeys.
They’re a long established firm. It would be interesting to know when they first employed a Catholic.
Their last high profile defamation client was Tangerine Tam and I’m sure we’d all enjoy another case like that.
DeniaBhoy
No-one was arrested, Strathclyde Police stated their officer made an error in confiscating the scarf because it merely had a picture of the Pope on it.
One Nation…
HH
Awe_Naw_No_Annoni_Oan_Anaw_Noo: 23 November, 2011 at 13:18
“Weir to retire in January”
Followed by a telegram from the Queen in May – with the tax bill tucked inside.
In my opinion we are a much better side with Scott Brown in the team. Better, stronger, more agressive. Better defensively and offensively. I’m not sure what the issue is with his agent but I would be surprsised if its an issue which hasn’t risen before and at other clubs. Hope we get it sorted and Skoosh signs the contract. Letting hin go for free at the end of the season would be a mistake.
ernie lynch says:
23 November, 2011 at 13:24
Excuse my ignorance,who’s tangerine tam?
With McGregor, Davis, Edu & Jelavic all being touted for moves, when can we expect the Fleckinho, Ness, Hutton etc. are ready to step up to be first team regulars.
voguepunter says:
23 November, 2011 at 13:31
Sheridan.
From the Scotsman
Court will strive to restore SFA’s financial position
Published on Thursday 11 January 2007 02:20
THE Scottish Football Association’s claim against Walter Smith would be based on his alleged breach of contract, and the nature of the claim would depend on the terms of the contract his employers have with him. Some contracts contain clauses known as liquidate damages clauses which specify what sums will be paid. Whether they are enforceable depends on whether they are viewed as punitive or simply a reasonable estimate of loss resulting from breach.
Punitive damages are not awarded in breach-of-contract disputes in Scots law. The courts only seek to put the wronged party back into the financial position they would have been in had their employee not breached his contract.
It remains to be seen who succeeds Smith as Scotland manager and how much it costs the SFA to recruit that replacement. But if, for instance, they had to pay out more to their new manager than they paid Smith, they might be able to reclaim the difference between Smith’s salary and that paid to his successor. However, the wronged party must take steps to mitigate their losses, and can only incur reasonable expenses in seeking a new employee. The action against Rangers would come under an area of the law known as delict, and would be distinct from the action against Smith although the two claims would be likely to proceed in the same action.
The basis of the claim against Rangers will probably be the allegation that, by recruiting an individual who was employed by the SFA, they knew or should have known that the SFA would suffer loss as a result.
The courts are unlikely to consider financial losses occurring as a result of a downturn in the performance of the national team as a result of Mr Smith’s departure. It would be too difficult to predict what would have happened had he stayed. The amount of damages which can be claimed are those which naturally and reasonably flow from the departure. The courts draw a line beyond which the consequences of breach are too remote from the breach to be compensated.
It should be added that the vast majority of actions for breach of contract are settled out of court on some compromised basis. Parties often want to settle claims to avoid the risk of losing or not doing as well as the party might have hoped.
Settlement avoids the cost of pursuing the legal action, which is never completely recoverable. It also avoids potential bad publicity and destruction of relationships.
• Kenny Gibson is an assistant solicitor with Bannatyne Kirkwood France & Co Glasgow.
Kayal33 says:
23 November, 2011 at 13:31
Fleck should be ready in about three or four years. Loads of potential, that guy. Loads.
Sheffield United hoping to for success with pursuit of Rangers pair Fleck, Hutton
Submitted by Andrew Slevison on Tue, 11/22/2011 – 09:47
Sheffield United are determined to bring Rangers duo John Fleck and Kyle Hutton to the club on loan.
The Blades were close to signing the 20-year old midfielders on short-term deals in the summer but both possibilities fell through.
Now United boss Danny Wilson is again in pursuit of the Rangers youngsters and is hoping he can snap them up in January.
Fleck has remained at Ibrox since August whilst Hutton is currently on loan with Partick Thistle.
——————————————————
Sheffield United ran up a loss of £13.6m in the year to June 2011, a period which saw them relegated from the Championship to League 1, further blunting their earning potential. It has been a miserable period for the one time Premiership club which has admitted that mistakes have been made.
Net debt stands at a worrying £32m which is approximately twice annual turnover. Kevin McCabe and his family have provided sufficient working capital to ensure that the club can see out the season. Bank debt has been reduced by the disposal of an interest in the Copthorne Hotel, which contributed to a reduction in debt from an even higher figure of £57m, although there is an option to buy back later if the financial position improves.
Turnover fell by £4.3m to £16.2m as relegation loomed. Operating costs which include player wages were cut by £4.1m to £18.2m and doubtless have been cut further since then.
In many ways a relegation from the Championship to League 1 can be more painful than one from the Premiership to the Championship as the example of a number of top flight clubs shows. Manchester City, Southamption and Leeds United all eventually escaped and Charlton Athletic hope to do so. All these clubs have seen changes of ownership. For an excellent in depth analysis of the case of Charlton which has wider applicability go here.
Attendances fell last season as performances on the pitch deteriorated contributing £0.7m to the loss in revenues. However, an average attendance of 20,362 is still a substantial one in those circumstances and shows the strength of the club in terms of its fan base.
Indeed, the two Sheffield clubs currently having the highest average attendances in League 1: Wednesday with 18,655 and United fractionally behind at 18,446, a fall of under 10 per cent after relegation. Top team Charlton are in third place with 16,417 and media heroes Huddersfield are fourth withn 13,008.
There has been some analysis in the wake of these figures comparing Sheffield United with Manchester United, but a more general question is why both steel city clubs are punching below their weight in League 1, an issue to which we shall return in a later article.
dirtymac says:
23 November, 2011 at 13:31
Cheers,forgot all about him.
Davie Hay says Neil Lennon is not undermined by Celtic’s bid to bring back Strachan
Ronnie Cully
Share
23 Nov 2011
DAVIE HAY today insisted Neil Lennon’s position has in no way been undermined by Celtic’s attempt to bring back Gordon Strachan.
The man who led the club to a hat-trick of titles before leaving the hot-seat in 2009 was asked to come in as an exper-ienced advisor to Lennon.
The current manager was aware of the move and fully supported it. But, though this was not a full-time position, and definitely not a director of football role, Strachan would have been required to give up at least some of his TV work, but a financial agreement could not be reached.
So, the plan was dropped, though Strachan will continue to be available to Lennon at the end of a phone, as and when the rookie boss feels he needs advice.
Himself a relatively raw manager when he was handed the position at Parkhead, SportTimes columnist Hay believes it was an appointment which could have worked well, not least because Strachan knows all about the pitfalls of working in this environment.
He said: “This attempt to bring Gordon back as an experienced advisor to offer assistance to Neil has a lot of merit. Neil is the first to admit this is a very tough position in which to cut your teeth as a manager.
“And the fact the backroom staff he selected are every bit as inexperienced as him was always a concern. That’s why, at the outset, the club were keen to bring in a mentor such as Stuart Baxter.
“But, this was a flawed plan because he was not Neil’s choice, so any working relationship was always going to be difficult. It’s a trust thing, and Neil would have been constantly looking over his shoulder wondering if someone like Stuart Baxter was angling to move into the manager’s job if it all went pear-shaped.
“The difference with Gordon is that Neil knows his only motivation and ambition would be to help him become an even better Celtic manager.
“The fact he has always been there for him at the end of a phone whenever Neil has felt he needed a sounding board or just someone to talk to about the unique problems which managing Celtic brings proves there is already a good, working relationship.
“I can see why Celtic would have wanted to formalise this because things were not going well in the early part of the season, and someone who has experienced and survived these situations can bring fresh perspective to it.
“While Neil would undoubtedly have been happy to continue with the same informal arrangement, the club would have been happier knowing he was in situ and there to offer his input on a more regular basis.
“Whether or not this would have even included during games, no-one can be sure.
“Unfortunately, when you ask someone to commit more of their time to a job, you have to be ready to pay them for their trouble.
“It would have been very interesting to see the reaction of the Celtic fans if an agreement could have been reached to bring him back aboard.”
I like that Enya song:
“Davie Hay, Davie Hay, Davie Hay…” (thumbsup)
Mort,
thanks for those stats, it appears I am wrong about his contribution and I sit down corrected.
hail hail