Green’s Appeal

29th January

CA196/15 Reclaiming Motion (Lord Doherty) in the cause Charles Green v Rangers International Football Club Plc

DAC Beachcroft Scotland LLP for Green

Anderson Strathern LLP for RIFC


Tomorrow’s hearing is very difficult to call. Prior to Lord Doherty’s decision, I assumed that Charles Green would have been indemnified by RIFC. His severance package was signed off by Imran Ahmad, Malcolm Murray and Brian Stockbridge. There can be little doubt that it was not properly constituted. There are numerous case precedents in indemnity insurance and their appeals to the US Supreme Court where Delaware Law holds sway. However these are not instructive as RIFC did not insure Green. This was stated in the risks as specified in the IPO prospectus.

Section 232 of the Companies Act provides some guidance. Companies are permitted to pay directors’ defence costs as they are incurred (or provide directors with the funds to do so) in civil actions and criminal cases. and even claims brought by the company against the director. The Companies Act 2006 does not permit any indemnity from the company to cover legal costs for the unsuccessful defence of criminal proceedings or fines imposed in criminal proceedings or penalties imposed by regulatory authorities. The obvious caveat ‘permitted’ and the exclusions would lead one to conclude that Green’s appeal is destined to fail. The costs of the appeal will be circa £260,000 for both parties. Green as the appellant paid a £50,000 bond that will revert to the RIFC respondent should his appeal fail.

Green’s appeal will probably invoke tenets of The Contracts (Rights of Third Parties) Act 1999. This act is a major concern to indemnity insurance companies and in this instance the de facto insurer, RIFC. Insurance policies routinely exclude the provisions of this Act. With no insurance, RIFC are exposed.

If the director has been found morally culpable, on the basis that no-one should benefit from their own wrong, and if the wrongdoing encompasses dishonesty, then insurers/ RIFC would reclaim any advance payments. Where the director has simply been negligent, they are not obliged to return the defence costs.

A director who resigns or retires is vulnerable for a period of at least six years, during which claims may be made against them for wrongful acts that occurred prior to their departure. However it does not follow that this results in ‘cut-off’ date for defence costs as has been erroneously reported in the press. They may have misinterpreted the Marine Act of 1906.

As I stated in the opening paragraph, no-one could confidently predict the outcome of this appeal. On the balance of probability I would be surprised if it was upheld.

For those readers that do not scroll down to the comments section of posts, I will take this opportunity to clarify the outcome of a petition by MASH that sought to permanently preclude RIFC from stripping Mike Ashley of his voting rights. The precedent set at the AGM, where Lord Tyre agreed to the temporary injunction, will inevitably lead to another injunction should King’s CONcert party try it on again. RIFC had to pay their own costs.

Our career criminal chairman is in town. He will be rattling his collection can at Rangers First, and spinning some lies as to his inability to back Mark Warburton in the January transfer window.



Wiki Tennis

I cannot speak for all my readers, but I would like some humorous relief from the serious discussion in regard to Newspeak and media censorship. This arrives in the form of a comment by Terry Relevant. Enjoy:


Darryl Broadfoot must have known he’d made it in his chosen profession when he attained his own page on Wikipedia on 31st January 2007. It read :

Broadfoot is Chief Football Writer with The Herald newspaper in Glasgow, as well as a regular guest on football shows such as Sportscene on BBC One Scotland.
Originally from the South side of Glasgow, the 27 year old is a well known socialite and raconteur in the city. Known to enjoy 1980s rock music, he also enjoys experimenting with his hairstyle and is well known for his timeless and classic dress sense.
He is understood to have joined the Herald circa 1872

Despite the various attentions of Wikipedia users, one to update his age to 28, and one to remove the sentence regarding him joining the Herald, the page remained pretty much unedited until 11th April 2007, when the following immortal lines were added:

“Linked in the past with various attractive celebrities, including Pop Idol winner Michelle McManus, the former Herald copyboy has never fully confirmed the status of his sexuality, but regards his brown leather cowboy chaps, complete with naked buttocks, as his most prized wardrobe item. ”

Eight minutes passed before the world was treated to another addition by a completely different user:

“Broadfoot – who recently shaved off his handlebar moustache in aid of charity – spends most of his free-time naked wrestling with truck drivers and cites George Michael as the man he’d most like to interview. ”

Over the next few hours the two users engage in some Wikitennis, making various edits until the page eventually looks like this:


Darryl would do anything – and anything really means ANYTHING – to pursue a full-time career in television, has achieved the square root of nothing and is nowhere near important enough to have an entry on wilkipedia.
For some inexplicable reason he also shaves his bangers.

Sadly when play closes  the page simply reads:
Darryl Broadfoot is Chief Football Writer with The Herald newspaper in Glasgow, as well as a regular guest on football shows such as Sportscene on BBC One Scotland, Radio Clyde and Setanta Sports.
Social raconteur extraordinaire.

A wiki-jobsworth reminds us that the page is just a stub and could be added to! He becomes the target of the Tartan Army when the following line is added:

“Darryl is hated by the loyal Scotland Supporters, The Tartan Army, for comments made after the teams recent victory over France. He has also recently started a campaign to change the Scottish National Anthem Flower of Scotland”

“Darryl Broadfoot is well known to Scottish football fans as the football-match-reporter who uses his column to write about anything other than football. He once spent the first 150 words of his ‘report’ describing what was on the pre-match menu in Kilmarnock’s Park Suite. He once described the Rangers’ fans as “the much-fabled eleventh man”.”

“Darryl has a sectarian slant in his analysis thus rendering his views tainted and transparent.If he was a writer of quality his agenda would be more hidden and slightly more subtle. A sad reflection on the herald and the scottish press in general. ”

It is quickly removed but later we get:

“A man who has never knowingly passed a microphone, the 27-year-old broadcast wannabe and Rangers supporter desperately yearns for fame in any shape or form. The desperation is palpable. ”

On the last day of 2007 Darryl’s page is slashed to merely this:
“Darryl Broadfoot is an anagram of Try Labrador Food.”

A day later, our favourite Pop Idol makes a welcome return:

“Darryl Broadfoot is also well known for his relationship with Michelle McManus, who is the former Pop Idol Winner. “
And then this:

“Famously, Darryl was the face of the Scottish Dyslexia Society (BPQ) in their drive to highlight the relative success of persons with reading and writing dificulties.”

By May the page is in its full glory:

Darryl Broadfoot is Chief Football Writer with The Herald newspaper in Glasgow, as well as a regular guest on football shows such as Sportscene on BBC One Scotland, Radio Clyde and Setanta Sports. Famously, Darryl was the face of the Scottish Dyslexia Society (BPQ) in their drive to highlight the relative success of persons with reading and writing difficulties.
Darryl Broadfoot is well known to Scottish football fans as the football-match-reporter who uses his column to write about anything other than football. He once spent the first 150 words of his ‘report’ describing what was on the pre-match menu in Kilmarnock’s Park Suite. He once described the Rangers’ fans as “the much-fabled eleventh man” and subscribes to the school of Winalot Journalism[1] – a term first coined by his former colleague and award winning journalist Graham Spiers of The Times.
Darryl is hated by the loyal Scotland Supporters, The Tartan Army, for comments made after the teams recent victory over France. He has also recently started a campaign to change the Scottish National Anthem.[2]
Notoriously image-conscious and flamboyant, Broadfoot is known for his fondness for sporting pastel-coloured rayon shirts and cravates, often matching these with Burberry tweed and suedette boots. This is highly unusual in the highly masculine environment of Scottish soccer but did see him win the 2007 Swavvy award for best-dressed male Scottish media personality. The awards were sponsored by Lanliq.
Darryl Broadfoot is also well known for his relationship with Michelle McManus, who is the former Pop Idol Winner.

The page was again reduced to the one line that his stature merits on 24th May 2008.

Wikipedia is a great free resource for everyone that has access to it, and I certainly don’t condone vandalising it. Except maybe where Darryl Broadfoot is concerned.


I echo the author’s closing sentiment.

A Proscribed 5 Letter Word

“O shite and onions! When is this bloody state of affairs going to end? (James Joyce, letter, 1920).”

In my previous article, 1984, I introduced to this site the concept of Newspeak.  Orwell’s novel discusses a prescribed new narrative. This is not some nebulous concept that I have chosen for a dissertation on English literature. A five letter word has been banned in Scotland. It’s not James Joyce’s ‘shite’ although it does start with the consonant S and contain the vowel E. The proscribed word is Sevco.

Try typing Sevco into a comment at The Scotsman, The Herald or The Daily Telegraph and I guarantee it won’t be approved. Try using the term at Radio Clyde and you will be banned from their phone in sine die.

How did this seemingly innocuous word receive a blanket ban in Scotland? Did you forget about Newspeak? How remiss of you!

Censorship is alive and well in Scotland as Sevco is a threat to the continuation narrative preferred by Rangers fans. It’s a word that dare not speak its name.

At the criminal trial of The Switcheroo Six, this prohibited word will feature prominently in the prosecution’s case. Will Sevco 5088 and Sevco Scotland be redacted in the press?

Newspeak is not the exclusive preserve of the craven SFA. It’s much more pervasive than you might be led to believe.


In George Orwell’s novel 1984, The Ruling Party controls everything in the nation of Oceania and is forcing the implementation of an invented language called Newspeak, which attempts to prevent political rebellion by eliminating all words related to it. Even thinking rebellious thoughts is illegal. Such thought crime is, in fact, the worst of all crimes.

If you attempt to call Radio Clyde to challenge Derek Johnstone on his Rangers Then, Rangers Now, Rangers Forever doctrine, you won’t be invited to contribute to their phone-in. Furthermore, the number that you used to call the show will be screened to preclude other calls. One ‘thought crime‘ is enough to ban you from Radio Clyde.

There is an apology printed in The Herald this morning. Lapsed Rangers fan Graham Spiers stated that one of the current directors approved of the singing of the Billy Boys at Ibrox. Mr Spiers is one of the few honest journalists working  in the SMSM. He is an intelligent man who has arrived at the same conclusion about Rangers as I have. However in Scotland, just as was the case in Oceania, he must comply with Newspeak where any criticism of the ruling junta at Ibrox is forbidden

Chris McLaughlin, a journalist at the BBC, reported on the arrests and the singing of proscribed songs at a recent game at Ibrox when Hibs were the visitors. Was he not aware of Newspeak? The ruling junta at Ibrox have banned both Mr Spiers and Mr McLaughlin from Ibrox.

The most fervent disciples of Newspeak  are those entrusted with Scottish football governance. In their Orwellian dystopia, Rangers are the first company to emerge from the clutches of liquidation, dispose of their debts, and continue on their path to their 55th title unscathed. One of the contributors on this site chose to mention Leeds United in his defence of his continuation argument. LUFC exited administration. They were not liquidated. The same applies to the current iteration of Hearts.

South of the Oceania border, Bradford City AFC’s financial woes came to a head in 1983 when the club chairman Bob Martin called in the receivers. Sir Joseph Canley at the Royal Courts of Justice Chancery Division stated the following:
The stand had been built about 1909 by the Bradford City Association Football Club (1908) Ltd. In 1983 that company had become hopelessly insolvent and was wound up. The football ground in 1983, including the stand, was taken over by a new club with a new chairman and a new board of directors. This club, called the Bradford City Association Football Club (1983) Ltd is the first defendant in these actions and has to be distinguished from the 1908 Club. I shall sometimes refer to the 1908 Club as the old club and the 1983 Club as the new club.

Is it just me, or can anyone see the parallels in the actions of Craig Whyte and Charles Green? However Mr Green created a delicious twist. Rather than calling his new club Rangers 2012, he renamed the old club Rangers 2012. The genius of this strategy passed unnoticed, with the notable exception of Police Scotland.

The biggest threat to Newspeak is the criminal trial of Green, White and their alleged co-conspirators. We have had a preview of some of the revelations we anticipate when counsel for Charles Green stated in the Court of Session that his client had bought a basket of assets, but not the club. Counsel for RIFC, instructed by James Blair’s Anderson Strathern, did not challenge this as it is incontrovertibly true.

However, if my pro-continuation contributor is to be believed, in Oceania, the SFA’s Newspeak transcends the laws of the land. The SFA can do as they please. If they decide that Rangers are the same club, then they are.

Call me old-fashioned, but I tend to favour the laws of the United Kingdom, not the corrupt dystopia of Oceania. If you, like me, prefer the UK to Oceania, then boycott the Oceania Cup. Stop attending Oceania friendly international games at Hampden Park. Stop paying for the Newspeak’s extra leg room and executive suites as the players are forced to eat from Burger King and sit slumped in a foreign airport.

In the UK, and I thank everyone who like me voted to continue to be part of it, there is no Newspeak, no thought crimes. 


A Cynical Commercial Imperative

There is a lie at the heart of Scottish football governance. The CEO of the SPFL, Neil Doncaster, is an advocate of this lie. Alan McRae, President of the SFA, is complicit in this lie. Darryl Broadfoot, the Communications Officer of the SFA, is a party to this lie. I invite the latter to sue me and in doing so I will expose his claim that he received legal advice that Rangers were the same club, as a lie.

Allow me to explain this as clearly as possible. A company, RFC 1L, was incorporated in 1899. This company was renamed RFC PLC. On 14 February RFC PLC was put into administration by it’s majority shareholder Craig Whyte, who had acquired 85% equity of RFC PLC from David Murray. In July 2012, Sevco Scotland, a company with £2 of share capital owned by Charles Green, made an offer, known as a CVA, to settle with the creditors to buy the company RFC PLC as a going concern. To effect this he required 75% approval. HMRC and Dave King, rejected the CVA.

At this point the company could not be procured. It was renamed Rangers 2012 Ltd within hours of the CVA being rejected, and is now being liquidated by order of Lord Hodge at The Court of Session on October 1st 2012. The company that derived its revenue from operating a professional football club, is being liquidated. It is not a holding company.

Charles Green acquired the trading assets of the distressed company. He renamed his company The Rangers Football Club Ltd. It is a unique company, with a unique company number and registration. It is a new company established in July 2012. This is not my opinion. It is a fact.

If I as a Rangers supporter was prepared to believe the lie perpetrated by Doncaster, McRae and Broadfoot, life would be inordinately difficult. As the same company the £96.6m in debts, which might rise to £168.6m, would bear heavy on my mind. I might find that Rangers would never be free of these debts and would never be a force in Scottish football.

If I had come down in the last shower, I might not have read the LNS report and the statement that a club does not have a distinct legal personality. The club and the company were one and the same.

So what we have in Scottish football governance are two bodies prepared to lie and pervert the truth to promote a commercial imperative. It’s a cynical calculation. Tell Rangers supporters the truth and lose thousands of them from the game, or perpetuate a lie and lose less disaffected by the game.

The corruption in our game is manifest in so many ways. An individual, Campbell Ogilvie, who executed numerous illegal DOS/EBT tax avoidance contracts, and received £95,000 by way of an EBT as part of his severance deal, would have been expected to recuse himself from an independent investigation. He chose not to do so and presented evidence on behalf of Rangers. This is ethically wrong. The temptation to withhold and redact information, so as to exonerate himself and Rangers, should not have been within his purview. Mr Bryson’s position that players were ‘imperfectly’ registered is another example of systemic corruption. For the avoidance of doubt it’s a binary decision, not a fudged compromise.

Every right thinking fan should turn their back on this systemic corruption. Write to the sponsors, Ladbrokes and William Hill, to inform them that they refuse to use their services as they are supporting corrupt regimes who are perpetrating lies.

McRae/Broadfoot state that Rangers are the same club.

The Scottish Football Monitor ( is, in my opinion, the pre-eminent internet site for information and debate on Scottish football. It is the gold standard by which all other sites,including this fledgling site, are measured. James Doleman is a regular contributor to the SFM. John Clark occasionally assists James when two hearings in two cities coincide. Mr Clark will attend The Court of Session tomorrow morning to report from the following :


Wednesday 27th January

P1266/15 Pet: Mash Holdings Ltd for orders under section 996 re Rangers

Brodies LLP representing MASH, Anderson Strathern representing RIFC.

I have dealt with Section 996 in a previous post. In my opinion RIFC will be ordered to cease and desist from attempting to strip MASH of its voting rights and will be censured for the resolutions they proposed at their AGM.  Tomorrow morning’s hearing is procedural. The petition will be presented, Anderson Strathern for RIFC will request that it is dismissed, and should Lord Tyre accept that RIFC have a case to answer, a hearing date will be set.

However I digress. Mr Clark was invited to a meeting with Mr McRae, President of the SFA, at Hampden on 19 January 2016. In his correspondence to Mr McRae, Mr Clark inquired why Mr McRae was perpetuating the narrative that Rangers were the same club.


Mr McRae stated that he had no recollection of airing any of the views recorded in Mr Clark’s letter as attributed to him. Mr Clark’s opening gambit surprised me. He stated  that while he contributed to SFM, he was not there as ‘officially representing’ SFM. Mr Clarke may take exception to my opinion on his approach, but this was redolent of King’s ‘lifestyle’ defence in the contempt of court hearing. I also posit that if he had requested a meeting or response to correspondence as a private individual, with no formal affiliation to the SFM, he would have been given short shrift. This site is often criticized by contributors to the SFM. I have no right of reply. Mr Clark has a right of reply on this site. The following text in italic font is from Mr Clark. Mr Broadfoot’s responses are in bold type.


Note of informal meeting between me, and Alan McRae, President of the SFA, with Darryl Broadfoot, Press Officer, at Hampden park, 2.00 pm Tuesday, 19th January.

Background: I had written to Mr McRae in October 2015, to ask whether Mr McRae had really (as had been reported to me) aired the following opinions:

that Rangers FC were not Liquidated
that Rangers FC were put down to the third Division
that Rangers FC were bought by Charles Green and that the team currently playing out of Ibrox Stadium and calling itself The Rangers Football Club Ltd is one and the same as the club known as Rangers Football Club, which is currently in Liquidation.
Mr McRae, through Mr Broadfoot, went through the points one by one.

On point one, there was no difficulty in agreeing that RFC had been Liquidated. That was accepted as a matter of fact.

On point two, I argued that:

Mr Green’s new club had had to apply for league and SFA membership, and were therefore admitted as a new club to Scottish Football and allowed into SFL Third Division.
They had as an emergency measure been granted conditional membership, and had had to seek the Administrators’ and Football Authorities’ agreement to the use of certain RFC (IL) players who had decided to sign on with the new club in order to play their first game as a new club.
They were ‘put in ‘the Third Division as a new club, not as an existing club being relegated.

Mr McRae, through Mr Broadfoot, argued that ‘put in’ and ‘admitted to’ are pretty much the same thing, and that they had received legal advice that they were the same club and that the authorities were stuck with it.

Mr Clark referred to the 5-way Agreement, and made the point that two entities other than league or SFA representatives were signatories to that agreement: RFC (IL) and Mr Green’s new club. The two could not be one.

Mr Broadfoot said that was a matter of opinion.

Mr Clark said that it was rather a matter of fact.

On the third point, there was also disagreement.

Mr Broadfoot, for Mr McRae, argued that Charles Green bought the club (and Mr McRae personally added ‘and the “goodwill”’).

Mr Clark pointed out that Mr Green had NOT bought the club out of Administration, as had happened with other clubs, but merely had bought the assets of a former club that was NOT able to be bought out of administration and was consequently Liquidated.

Mr Broadfoot said that Celtic and Rangers supporters might continue to disagree but that could only be expected.

Mr Clark stated that this was not at all a Celtic-Rangers supporters’ issue, and that the Scottish Football Monitor, for instance, represented the views of supporters of many clubs. I further made the point that many sports administrative bodies had come under the spotlight in current times and people were naturally concerned that the governance of football should be above suspicion: and that substantial numbers feel that the Football Authorities have been at fault, in permitting a new club to claim to be an old club and pretend to (own) the honours and titles.

Reference was made in the passing to some allegations that had been made that certain evidence relating to the Discounted Option Scheme had been withheld from the LNS commission, which occasioned Lord Nimmo Smith to be misled; and to the apparent negligent performance of the SFA administration under the previous President, who, both on account of his personal knowledge of the use of the DOS by Sir David Murray, and as a subsequent recipient of an EBT, might reasonably have been expected to ensure a thorough and diligent examination of the information provided by clubs about payments to players.

Mr Broadfoot ruled out discussion of the first of these matters because ‘there was no evidence’, and the second matter was also ruled out because, he asserted, the previous president is a man of the highest integrity.

Mr Clark replied that work was in hand to provide evidence, and that the question of negligent performance of duties was not a question of ‘personal integrity’.

Mr Broadfoot opined that the future would show whether Scottish Football supporters were really concerned about the old club/new club debate, if huge numbers turned their backs on the game.

Mr Clark responded that a sport based on a false proposition, on what could be seen as a lie, no matter on what pragmatic reasons, would certainly wither if and when people thought the sport could be rigged.

As the meeting drew to a close, Mr Clark was asked if, coming from Edinburgh, he was a Hibs or Hearts supporter, or perhaps a Celtic supporter? And whether he was going to tonight’s (Celtic were playing that evening at home) game?


Mr Broadfoot, opening the meeting, explained that“for the purposes of this meeting, I am the SFA.”


Mr McRae’s personal contribution to the conversation was therefore very little more than mentioned above, Mr Broadfoot did most of the talking.

So we now have the official line. Legal advice, provided to the SFA, states that RFC (1l) and TRFC are the same company. Mr Clark did not ask for the source of this legal advice but it’s evident that the SFA are interpreting the findings of Mr Nimmo Smith to support their position. Should no-one turn their back on the game, their position stands.

Those who find the position of Mr McRae, as articulated by Mr Broadfoot, unacceptable, should turn their back on the Scottish game. Company law is clear and unequivocal. RFC plc were a company that is now being liquidated. The Rangers Football Club is a unique company with a unique company registration and company number. The President of the SFA via his mouthpiece is stating that company law is of no relevance to the SFA whatsoever. Those of us who believe that the SFA are corrupt now have their answer.

On a final note, asking Mr Clark whether he was attending a CFC game was a cheap device that is used by Radio Clyde to undermine the message of the contributor. Those who are foolish enough to call Radio Clyde are not the sharpest tools in the box, and on the rare occasion that they are intelligent, their perspective is diminished by being passed through an Old Firm prism. Did we expect more from the SFA?

Given that Rangers are the same club, will Mr McRae and Mr Broadfoot draw this to the attention of BDO, ask them to step down, and point out to Mr King that he currently has debts of £96.6m to settle?






The Transvaal Titan

Our award-winning journalist, Keith Jackson, has had a productive weekend. He sat down at his keyboard with his calculator and added 4.25 to 6.5 and 2.4 for King’s shares. He then rounded up the concert party’s additional shares and arrived at £15m. As is often the case with Mr Jackson, he then entered the realms of complete speculation by attributing half of this sum to Dave King. Let’s call it north of £7m. He then adds more hyperbole to his superhero, The Transvaal Titan, by claiming that he stared down Mike Ashley’s Joker and rid the board of the evil charlatans. Mr Jackson missed his calling as a contributor to Marvel Comics.

Now that we have a board bereft of Llambias & Leach, who have forgotten more about running a football club and brand than King and Murray will ever know, Mr Jackson would have us casting rose petals into the career criminal’s path as he makes his way to his latest court case. His decision to attempt to strip Mike Ashley of his voting rights, and his diminution of Easdale’s proxy, will play out at The Court of Session in the coming months, with the first instalment on Wednesday.

Allow me to apprise Mr Jackson of a simple fact. If Mr King has invested north of £7m in RIFC he is in breach of money laundering regulations. Furthermore, he was able to hide funds from the Serious Fraud Office and The Scorpions. The £6.8m that remained in his HSBC Guernsey Account was used to pay off his litigation debts. His Barclay’s Bank account in Guernsey has also been cleared out. He has less than £1m in his First Rand account in Johannesburg. Mr Jackson could never be accused of letting the facts undermine his latest love letter to Dave King.

In last week’s episode, Jackson’s  Transvaal Titan  was engaged in a £1m ‘guts & glory’ struggle against Brentford and St Johnstone who had captured two players that Mr Warburton had identified as intrinsic to his plans for automatic promotion. One of the King’s men sat down with a representative of Michael O’Halloran and agreed terms. It was rather remiss of this gentleman to not ask for permission to do so and not improve on the last rejected bid of £170,000. There appears to have been a breach of regulations. but we can rest assured that our friends at the SFA will deem these negotiation tactics as ‘imperfect’ and sweep them under Mr Bryson’s shag pile at Hampden.

When seeking to gain control, there was talk of a Nomad, children’s inheritance and £30m. What was actually delivered was a back room deal in a Hong Kong boiler room.

In a week from now, Jim White will don his yellow tie and regale us with the eleventh hour transfer activity. If Mr O’Halloran is not on his roster, King’s alleged wealth will no longer be on Mr Jackson’s radar.