Judge says that without disclose of financial figures the SD claim is "pure speculation"
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Judge says that without disclose of financial figures the SD claim is "pure speculation"
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Counsel for SD says there is an "inherent difficulty" in quantifying losses caused by King's alleged breach of confidentiality.
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Counsel for RFC says SD actions are "unfair" to his clients.
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Judge making ruling.
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Judge notes SD only gave RFC witness statements at 5pm last night.
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Judge says SD explanation for delay in statements is "unconvincing" as case began in June 2015.
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Judge notes that the list if damages given by SD was "unverified"
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Judge says however that despite delay it would be "disproportionate" to rule out SD evidence.
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Judge says SD actions an "abuse of process of the court,"
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Judge says he has come to the conclusion that SD want to "parade in the course of the trial, possibly for outside consumption"
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Judge rules that sections of Ashley's witness statement relating to damages be "struck out"
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Now moving onto costs.
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Counsel for RFC says "while we would dearly like the money" costs are impossible to quantify yet.
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Judge asks counsel for RFC is he is asking for Ashley to be sent to prison?
"You can have your fun with Mr Ashley at the trial" he says.
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Counsel for SD now responding on issue of "unverified" statement of losses.
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Counsel for SD says there was no verification of loss statement as it had been decided not to pursue the matter further,
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Judge ruling on costs of abandoned SD damages claim.
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Judge says "there must have been a deliberate decision" to serve the damages figures without a statement of truth attached.
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Judge says SD conduct has been "abusive" says figures were "plucked out of the air"
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Judge says SD have "wasted the courts time"
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Judge asks counsel for RFC to prepare a schedule of costs for his consideration.
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This judge really seems to dislike Mike Ashley and it seems to be clouding his judgement significantly.
Judge says his clerk has been receiving emails about blogs accusing him of "being a mason"
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Judge says blogs have said his wife is a Rangers supporter "this is untrue"
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Judge says the person emailing him has been asking for action to b e taken against bloggers "this is not something intend to do"
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Court adjourns, Full trial with be 5 Feb.
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All the above posts were cut and pasted from James Dolemans tweets.
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Court adjourns, full trial with be 8 Feb, expected to last 5 days,
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Not sure what just happened. It appeared like SD backed down but we are now heading for a 5 day trial?
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It seems to me that sevco are untouchable,wheres my apron.
It always amazes me that people in Scotland are surprised to find the Institutions are inherently biased towards the establishment. Rangers are a club of the establishment. Mike Ashley is getting a hard lesson in learning just how corrupt Scotlands institutions really are. The Judge had no reason to begin stating of anything other than the facts of the case but chose to begin slating SD because it was already decided before he entered the Court what the outcome would be. I am anything but surprised, I would have been shocked if SD had been treated fairly. That is how the wee free of Scotland are, unfortunately for the rest of us who would prefer to live in an inclusive fair society one free of bigots. And for the record I am not a Catholic which should not matter anyhow but shockingly it does in this banana republic.
The thing is, this isn't exactly a black and white goodies vs baddies situation where only corruption can lead to the baddies winning.
Ashley is an odious turd himself and imo there is every chance that he is at it. It can't be great being a judge caught up in the middle of this bun fight.
I was of the same understanding. But, irrespective of where the case is being conducted, I would have expected a government appointed judge to overlook personal opinions and prejudices and consider the facts of the case. The devil in me wants everything to go against Sevco but if it appears that it is the opposite then my ( perhaps naive) natural faith in justice would have to accept it. It turns my stomach to think that a judge would be corrupt in his findings.
From what I've read this judge is a bit of a bampot and not scared to totally fly in the face of whats deemed as right or accepted..
And yes theres secret societies all over the place..But I still don't see what this particular case has to do with an inclusive Scotland (anything dealt with in Scotland, yes :wink:)
The origins of the case stem from an injunction Ashley got on the Sevco board before last June's GM, preventing the terms of the contract being discussed. King was accused of breaching the injunction and what has been discussed is damages for the breach and the trial will be for contempt of the court injunction.
The way this Judge behaves he will probably overrule the injunction and criticise the court that granted it and finish off with a couple of verses of the Sash. :greengrin
https://rangersfraudcase.wordpress.c...damages-claim/
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'Those who wish to complicate matters seek to evade the truth'
What's subjective about the truth? Why would a Judge however big a 'bampot' he or she is regarded, not look to what's accepted as being 'right'? Sorry but I cannot accept a person should be a judge who turns away from what is accepted as being 'right' and I would substitute the word 'truth' for what's right for a Judge. If a Judge interprets the facts of a case properly he or she should arrive at what is clearly 'right/truth', yes?
You seem like a nice enough bloke so I don't want to disillusion you. There are a multiple of different levels of corruption. How do you think the vast majority of middle class Bankers got away with it yet a common bank robber gets 20 to 30 years in Jail? Just one example.
I'm no legal eagle but no matter that the judge seems a little bit strange, SD did not seem to present a very good case at all and there is no way you could find against sevco based on the evidence they provided.
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Given that we are coming to our view on the basis of Doleman's Tweets (welcome as they are), I'd say it's impossible to do anything other than speculate as to why he would say that. For example, he may be suspicious as to SD's motives bringing the case; perhaps he thinks that SD's recent troubles are driving the case more than they should. But..like i say.. that's only speculation on my part.
All will be clearer, one would hope, when the case actually goes to trial.
The responses from the judge were at points weird but some hilarious however, reading through it, it seems the judge knew this was a joke in both case and SD representation. I personally think the judge was purely displeased at the time wasted. I mean and quote: Judge "where the original estimate of £200k damages came from?" SD Counsel "says he is not sure." Come on! He is representing the claimant and should have all info at hand and provide it on asking!! Its really simple, prove your morally right!
Was there any reference to Sevco's false claim that the loan had been repaid last time they were in court ?
Yes I agree therefore:
Prove you are legally and morally right - if being legally and morally reasonable and truthful.
The case would not be being heard at all if there was no truth whatsoever in the matter. It is up to TRIFC to defend themselves against the Pursuer's (SD) account of what happened. It is obvious the GASL did comment on what he had been ordered not to by a previous court. This is an open and shut case made complex because it is TRIFC, the establishment's clumpany. The matter of how much is really quite irrelevant to the bigger matter of perjury which is why we have a circus going on with a somewhat clown of a Judge in my opinion.
I agree with you but lets not get all bent out of shape by it. Facts are needed and SD Counsel did not provide these. The 5 day session will be a different spot altogether.
I hope so because it seems to me that MA is getting shortchanged from his legal team or there is more than meets the eye in all of this. It could be MA has been put off fighting the GASL hence the poor quality of his legal team's performance. I would be thinking of suing the Legal team at this point for very poor representation.
Going by their performance so far I don't think Ashley even pays his lawyers a minimum wage.
I'm sure it'll be different at the 5 day session. I get the feeling MA/SD are toying with this and will come in hard and heavy. Just a feeling ...
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I thought that I had seen Justice Peter Smith somewhere before
Strange?? Shirley has his finger right on the pulse:
"One of the blogs insists that I am a Freemason, which is wrong," said the judge.
"Also, that my wife is a 'life-long Rangers supporter'."
He added: "She is from Edinburgh. The idea that she would support any Glasgow team is laughable."
Something's laughable all right.
**** Direct have a very, very poor case. I'm sure more learned posters here will concur.
All we're seeing is Ashley thrashing about in a series of vindictive litigation.
It's not doing him any favours - and that's an understatement. It's getting to the point where NUFC's Sky money is keeping the SD ship afloat.
Got some figures for us non financial whizz kids to back that up?
Has NU not just spent north of £20 mill on new players with more reportedly in the pipeline?
I understand why you don't like Ashley, but that is just fanciful.
Even if the share price continues to tumble and he loses all the money he's made in the past 5 or so years, SD is still worth a whole lot more than NUFC. It was him who stemmed the losses at the club.
Evening times saying The Rangers have banned Chris McLaughlin, and the BBC re having another one of their 'boycotts':
BBC Scotland said: "We are disappointed that Rangers took the decision to ban our reporter Chris McLaughlin from Ibrox. We believe it is unjustifiable and we stand by the integrity and the quality of our journalism. "We will continue to report on Rangers both on and off the pitch and will feature match action where appropriate but, until this issue is resolved, we will not be sending journalists to Ibrox or attending Rangers’ press conferences.”
That in a nutshell.
Mike Ashley clearly has enough money to dick around in court, but I can't see how you can win a case for financial loss when you are unable or unwilling to demonstrate what that loss is.
It's vexatious and an abuse of process. Doesn't mean he won't win the war, though.
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I like this bit
Earlier counsel for Rangers, Mr McCormack QC had told the court that a witness statement from Ashley had only been received at 4.55pm on the day before the hearing, a delay blamed on the “festive rush,” in Sports Direct during the Christmas holidays.
It says to me Ashleys legal team were on the tills and stacking shelves and given their performance in Court perhaps they should have been!
With regards to the £200k damages.
I understand this is related to sales. The share price has naff all to do with this. The loss of sevco related sales in the sevco shops and elsewhere in Ned Direct would have been quite easy to qualify however is it not the case that sevco is required by the onerous contract to make good these non sales so in fact SD won't be affected.
Probably why it's been withdrawn sevcos legal team wouldn't need to be genius material to pick holes in that
They have a new fans group.
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Lovely people. [emoji3]
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https://bearsfightback.wordpress.com...rs-fight-back/
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