Time for Scots Government to Take Bull by the Horns


AllyjamboJuly 20, 2017 at 19:00 ‘…With D&P involved, I am left …

Comment on Time for Scots Government to Take Bull by the Horns by John Clark.

AllyjamboJuly 20, 2017 at 19:00
‘…With D&P involved, I am left wondering if there’s more to come on the sale to Sevco, or if BDO are solely concerned with how D&P conducted other matters and looking to sue them to recover some monies, or whatever.’
I didn’t hear anything today about what BDO’s action is all about.

But  eJ was able recently to point me to the Act in which is to be found the ‘Para 75’ under  which BDO were seeking an Order, which paragraph was referred to in the Rolls of Court entry intimating that a hearing was to be held

It’s in Schedule B1 to the Insolvency Act 1986, and I give relevant bits  here:

75(1)The court may examine the conduct of a person who—
(b)has been or has purported to be the administrator of a company.

(2)An examination under this paragraph may be held only on the application of—
(c)the liquidator of the company,

(3)An application under sub-paragraph (2) must allege that the administrator—
(c)has breached a fiduciary or other duty in relation to the company, or
(d)has been guilty of misfeasance.

(4)On an examination under this paragraph into a person’s conduct the court may order him—
(a)to repay, restore or account for money or property;
(b)to pay interest;
(c)to contribute a sum to the company’s property by way of compensation for breach of duty or misfeasance.
(6)An application under sub-paragraph (2) may be made in respect of an administrator who has been discharged under paragraph 98 only with the permission of the court.”

From this,it seems reasonable to  conclude that BDO are going after the Administrators for alleged misfeasance in that,allegedly, they knowingly and deliberately let CG have the assets for a song, or a fraction of what even just the fixed assets had been ,not long before, valued at in the annual returns.

On the Sevco front, eJ’s post earlier about Henderson and Jones reminded me that I had learned a new word (‘novation’) when reading that the assets purchase had been ‘novated’ from Sevco 5088 to SevcoScotland.

I cannot now remember for sure where I read that. I think it might have been one of Charlotte’s tapes or emails ,round about the time of the ‘You are Sevco’ phone tape call from CG to CW. [Or did I dream that????? Has anyone got that on file somewhere?]

[And I must really say a ‘very well done’ to Aberdeen.I lived in Aberdeen for 4 years, and in pretty much the same way as Carlisle United was my local team when I lived and worked there in the middle 1960s  in my car-less days,  Aberdeen’s  was the third result I looked/listened  for  a decade earlier on steam radio or ,would you believe, on illicit ‘crystal set!’]

John Clark Also Commented

Time for Scots Government to Take Bull by the Horns
 RyanGoslingJuly 21, 2017 at 00:31
‘… Rangers mk II have been run at a loss but have broken no rules, and are not the first club in Scotland or in Europe to have been run at a loss. .’
It’s the ‘Rangers mk II’ that is the problem, I suggest.

TRFC Ltd is not ‘Rangers’, but falsely claims to be the Rangers of 1872. Except,of course, when it comes to paying the debts of Rangers 1872.

It is that deceit that fuels the resistance to , and lack of enthusiasm for, any view that the deceitful new club should expect to be regarded as any kind of representative of Scottish Football.

It is a club founded by deceitful men, and funded by deceitful  chancers on the make who have those in office in football governance by the short and curlies ( no doubt to the pleasure of some of them)

We were all trebly  cheated.

First by SDM, that loathsome hypocrite,

and then more, much more seriously by our  football governance people,

and then much, much, much seriously by our SMSM.

It is not to be wondered at that TRFC Ltd are considered by many to be not in the least worthy of being even remotely considered as ‘representative’ in any way of Scotland and Scotland in Football.

Time for Scots Government to Take Bull by the Horns
part time peteJuly 20, 2017 at 20:05
‘…I think someone needs to talk with Bert Kassiesa who is the unofficial UEFA coefficient expert..’
In case no one else has already done so, part time pete, I have sent the following  email:
Message bodyDear Mr Kassies,I am shocked and horrified at the grave mistake you have made in your listing of the UEFA 10-year club rankings 2018.And I must ask you to corrrect it immediately.You have included a Scottish Football Club that is no longer entitled to compete in Scottish professional football.. That club was Glasgow Rangers, which, under the ‘Articles of Association’ of the Scottish Football Association(SFA) lost its entitlement to compete in Scottish professional football due to suffering a fatal ‘insolvency event’, which saw it liquidated.
There is now no football club named ‘Glasgow Rangers’.A new club called “The Rangers Football Club Ltd” was founded in 2012. This club was obliged to apply as a new football club for a) membership of a Scottish football league and b) membership of the SFA.
 This new club has played in a UEFA competition only once. That was this season, on 4th July 2017,when they played Progres Niederkorn of Luxembourg and were knocked out by that team of part-timers. 
The Rangers Football Club Ltd is most definitely NOT the Glasgow Rangers of old, which still legally exists disgraced in Liquidation, ruined by failure to pay its proper social taxes over many seasons.
Please amend your list accordingly.
 Yours sincerely,(me)

Time for Scots Government to Take Bull by the Horns
Meanwhile, before getting down to Holyrood for the SFSA launch, I spent 45 minutes in Lord Tyre’s Court (Court No.4) in the matter of BDO’s continuing action against D&P.
Mr Sandison QC for BDO had ‘Noted’ 4 points that they wanted answers to from D&P.
The business never got round to saying what exactly those points were, for Mr Howell (I think that was his name) for the respondents ( D&P) went into a long description of where they were in relation to the 83,000 documents involved in the case.
72 000 of these had already been handed to  BDO., but there had been 12000 other documents (emails) from D&P that were still being sifted for relevance. 
He explained that D&P ( my comment: whatever about their skills as Insolvency practitioners they seem to be useless office administrators) had used just their firm’s ordinary email address, not an email  address or server or whatever dedicated to the Rangers administration, so a whole lot of other business unconnected with Rangers has got to be sifted  out from all the emails.
 Additionally, some emails ( currently held by the Police)have manuscipt notes scribbled on them by solicitors in the course, for example, phone calls relating to their content. These notes would be confidential, so those emails have to be identified and excluded.
 He said that the first company they had used to computerise the scanning and identification of relevant documents had not been terrribly successful in that their system could not sift out all the irrelevant stuff.
A different company had been employed earlier this year, and now, to date, the bundle of relevant docs had been sifted down to about 9,000, which solicitors are physically reading for relevance to the Rangers ‘Administration’
By the end of next week, there will be a set to give to BDO.
As regards a date when the respondents will get their ‘adjustments’ into print, what with holiday times for Counsel and for the ‘expert’ witness, Mr Howell said it would not be till about the middle of September.
Mr Sandison for BDO said this was all about another 11 000 email files.He needed something to get to start work on.It can’t be left to one party to decide which documents are relevant.Give me a date, said he.He would not, of course,  be interested in the scribbled notes on any emails, but he would need to know the email content.
On the quesion of ‘experts’ he would need to know who they are.
Mr Howell named an ‘expert’ . 
He went on to say that he had seen a draft complaint to an accountancy body from D&P to the effect that they thought the [proposed BDO expert ??]might be ‘conflicted’. Mr Howell said he did not want to be asked at a later date why he had not known about a possible conflict of interest. (I didn’t really quite get his point, I confess.)
The judge (Lord Tyre) said he was inclined to get some dates set.
Howell said we are within a week or so of having all the 11.000 emails sifted.
Judge said: Right, we’ll fix a date of 4th October for a “By Order” , and 28th September for adjusted minutes
The proceedings lasted 45 minutes.
The SFSA launch went very well.
There is no doubt that ( leaving aside the ‘blue elephant’ issue) a really significant proportion of Scottish football supporters are calling for the SFA and SPFL to be brought into the 21st century in terms of them realising that their excessively closed , self-protective and defensive  and arrogantly stubborn ‘attitude’  is counter-productive.
In any truly democratic country today there is no human organisation, from one-man businesses through multi-national corporations to governments that can avoid the need to be transparent and open to the fullest extent possible ( Even Auntie BBC has had to accept that fact, and come clean about the huge salaries paid to some of their staffers and ‘entertainers’!)
The UK Parliament has made it clear that it is watching the FA, and expects that organisation to get to grips with some fundamentals.
There is cross-party support in the Scottish Parliament for the call to the Football authorities to look outwards to us, the supporters, who these days are entitled to expect , and do indeed demand and expect that their place in the scheme of things be properly and sensibly recognised, as they do in relation to their banks,the public services, their insurance companies, their airlines etc etc.
Individual clubs and the SFA and SPFL boards will possibly be afraid of what the first Survey may reveal.
But they can only benefit from healthy expression of views and assessment of themselves as providers of what today’s supporters  expect them to provide-from safety of their grounds through to the quality and value of the match-day experience.
And, it goes without saying, Sporting Integrity as the bedrock of football administration.
Now, I’m about to complete the Survey.

Recent Comments by John Clark

It Is Better To Offer No Excuse Than A Bad One
My brother and I, auld men now that we are, meet occasionally for a pint or three.
We tend to pay homage to our late dad by visiting one of the pubs he used as a young man afore the war ( he lived in digs near Partick Cross) , or one of the pubs he used when we were kids during his working life at what  used to be Glasgow Corporation Tramways Parkhead depot,  or the pub he used in Tollcross in his retirement days.
So I feel for the patrons of what had been Annie Miller’s pub in Ropework lane.
If and when the new owners of the premises tart it up gaily as a feeder bar for their adjoining sauna, I expect that it will no longer be a ‘Rangers’ pub,a place of shared enjoyment of football memories and celebration of former days of glory.

Like the historic Rangers Football Club, Annie Miller’s is dead. Ceased trading in 2016. No longer exists as a ‘Rangers’ pub, any more than the Rangers Football Club of 1872 exists as a professional football club entitled to a place in Scottish Football.
That’s the reality.
There isn’t even a ‘Scottish Football Pubs Association’ prepared to create and propagate a lie  that ‘Annie Miller’s’ lives on, there have been no white or green knights/knaves rushing in to found ‘continuity Annie Miller’s’, no running-dog SMSM types betraying their avocation by propagating untruths……and.no convicted criminals begging, borrowing and making false promises about good times to come if only other folk will produce the readies…
Annie Miller’s is dead and gone.
Only a lie sustains TRFC Ltd.
And those who drank in Annie Miller’s know that.
And the evil men of the SMSM and the SFA know it, too.
May 2018 see them confounded, and their untruths exposed.

It Is Better To Offer No Excuse Than A Bad One
FinlochDecember 30, 2017 at 20:42
‘…Craig took a Corinthian and undisciplined club going nowhere fast, rooted it into a previously ignored community and has achieved some incredible health and social goals deep into that community using football as glue.’
Beautifully expressed, Finloch.

Football as a glue of ‘community’

Of community trust,

of basic honesty,

of the  Corinthian spirit,

of sporting integrity….

and of all the virtues that the SFA has so spectacularly abandoned, in its determination to insist that Charles Green’s Sevcoscotland is entitled to call itself the Rangers of 1872

That such an incredibly monstrous perversion of truth of any kind, never mind sporting truth, is being, and has been for 5 years, propagated by our Football Governance body and supported by the SMSM is stark evidence of a deep, deep corruption at the heart of our sport, and, worse, at the very essence of our ‘free’ Press.

in this little country of ours.

It Is Better To Offer No Excuse Than A Bad One
And since I’m talking to myself while all you guys and gals are snoring your heads off, can I just mention that in the local newspaper this morning there was a piece about school sports.

It seemed to be about the ‘pick’ of the best players.

I didn’t have time today to read the whole thing ( and it’s too late to disturb the household to go looking for the paper!) but it seemed to be related to the use by ‘soccer’ teams of the American  Football  concept of who gets to pick the best player in the ‘draft’.

I have only the haziest understanding of that concept.

But in so far as it might relate to attempts to create genuine ‘sporting’ , on-field, equality of talent, it must have something to recommend it.

Even the Americans realise that in order to make money out of sport,there has to be some concept of genuine ‘sporting competition’

Auldheid reminded us, quite movingly, of the joyous nature of our game as we all experienced it.
We all knew instinctively what was fair, and what wasn’t.
Remember how our street game teams were picked?

The two ‘captains’ tossed for first choice.Whichever won the toss would pick the ‘best’ player. The other guy would pick ‘the second best’ and so on.

And, if it appeared that there was an imbalance ,or if there was an odd number of players, then it would be agreed that a ‘John Clark’ would play the first half for one side to give them the extra man, and the second half for the other side, to try to be fair in the use of that useless lump!

( who, I may say, was actually quite good at lifting the wee ba’ from the street up onto the pavement, one hand on the lamp-post outside the Thomson’s house on Cuthelton Street, and bringing it to the goal at the lorry entrance to the Domestos depot ( formerly Donald Clarke’s steel kind of place, which in 1947 sirened One o’Clock,with the siren they used ‘during the war!’)

And it is these kinds of memories that fuel my contempt
contempt for the cheating bast.rd of a knight of the realm who killed the RFC of my day

contempt for the SFA who, like some referees,not only did not ‘see’ that cheating but went further and assisted in that cheating

And who continue to propagate the lie that the football club that cheated its way to death by Liquidation is somehow the same club as a five year old creation that they themselves have lied into existence.

And as for the the whole lot of the successive boards of either Sevco 5088, Sevcoscotland, The rangers football Club Ltd, RIFC plc  how can they be described otherwise than as  scavengers of carrion? Feeding as they do on the dead flesh of a once proud football club?

It gars me greet…
Quietly and solemnly, into my glass of “Goose IPA, 5.9%, made from hops from Idaho” ( And actually quite surprisingly pleasant, reminiscent of McEwan’s pale ale.

It Is Better To Offer No Excuse Than A Bad One
It’s 11.43 pm in Scranton,PA,  and we have just come back from being wined and dined  in tremendously good company in a friends-of-the-son’s home.

I am therefore in a cheerful frame of mind. (Mind you, sitting in the back seat of the car I had one of those A9 moments of absolute fear, when the driver overtook another car on a blind bend, before I realised we were still on a dual carriageway!)….

For one reason or another, it suddenly strikes  me that I don’t actually know ( or remember) when it was that the concept of ‘transfer windows’ was introduced, or why it was introduced.

On the face of it, it’s as much of a restriction of ‘trade’ on ’employers’, as the pre-Bosman situation was on freedom of employment was on ‘workers'(players).

Is there a decently worked out rationale for the concept?

It Is Better To Offer No Excuse Than A Bad One
easyJamboDecember 27, 2017 at 17:49
‘..I think that the document will only be a restatement of the resolutions that were approved at the AGM (Resolutions 10 & 11).’
You’re perfectly right, of course, eJ: it was only the official recording  of the AGM resolutions.

I think I for one (in my general ignorance) tend to think that any plc of which a director has been taken to the Courts( in an unprecedented action by the Takeover Panel) would have every form or document that it submitted to Companies House rigorously examined, cross-checked, double-checked, treble checked ,even, in a way that ,for example, the SFA does not do with documents submitted to it by its trustworthy gentlemen members.

The Takeover Panel has a lot riding on how the Law stands in its approach to the Panel’s need for support in their regulation of rogues in the market-place.

So I tend to look at anything touching on RIFC plc that seems even a wee bit different as something worth exploring.

Largely tongue-in-cheek, of course: -we’re not likely ever to be told anything confidential by CH! But if they say something will appear, and then it doesn’t appear when promised, then it allows one to ask why. Keeps them on their toes!

And we know that when even the gentlemen of our free Press are not above behaving with less than complete honesty when it comes to TRFC Ltd/RIFC plc  there may (God forbid!) exist a ‘protective of companies’ mindset in CH, rather than a ‘get the baddies’ approach.

Who knows?

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