Comment on Accountability via Transparency. by John Clark.
I was today idly researching the history of Berwick Rangers [ and the stunning come-backs for Liverpool and Spurs should surely give them some hope that all is not yet lost in the battle against Cove Rangers ( of which our friend Alan McRae of the SFA was a few years ago a director)].
I came across this :
"Since 1482, though, Berwick-upon-Tweed has been an English town. It has changed hands on 14 occasions. But, thanks to the decisive away victory scored by Richard III and his chain-mailed team, it has been England's most northerly town for 517 years now.
It might have been different, but when the Rangers of Glasgow were humbled by the Rangers of Northumberland in a Scottish Cup first-round tie at Shielfield Park in 1967 the invading Scots chose to wreck the town rather than take it. In 1305 William Wallace's left arm was hung on the old town walls as a warning sign to other Caledonian bravehearts. In 1967 it was both arms of Jock Wallace that kept out the Scots. The future Ibrox manager was Berwick's goalkeeper and manager in their famous 1-0 victory."
1482 is just beyond my reach, I fear, but 1967 is most definitely imprinted in the memory cells, and not only in connection with the European Cup Final, but with that incredible win by Berwick Rangers.
Sadly, there was no headline as clever and powerful and to the point as the 'Sun's' brilliant " SuperCaleygoballisticceltic areatrocious"
Perhaps the then editorial staff of the 'Sun's' Scottish edition were supporters of the now dead club? 'plus ça change, plus c'est la même chose' kind of thing?
(and if you scroll down to paras 9 and 10 there is an interesting little , unrelated to football, historical fact)
John Clark Also Commented
Accountability via Transparency.
Ex Ludo 24th June 2019 at 09:24
'….I would not be surprised if FIFA get a bit jealous and also build a shiny new symbol of wealth '…
Your post prompted me to have a look ( not that I'm anything other than almost completely financially ignorant!) at FIFA's Annual report for 2018 at this link
They could quite easily afford to blow a couple of hundred million quid on a vanity building project!
( I suppose, incidentally, that all the senior bods are covered by some form of directors' indemnity insurance?)
Accountability via Transparency.
StevieBC 23rd June 2019 at 15:35
"…..He is limited to Bosmans and loanees to improve his squad, and deliver silverware. ..'
I wonder does he know and appreciate how financially strapped TRFC Ltd is? Does he know even as much as we on SFM know about the finances, thanks to the efforts of several posters who know about balance sheets?
Would any one of us apply for a job at Ibrox, in the knowledge that TRFC is living from hand to mouth, and faces having to meet some serious damages claims, which might well swallow up such UEFA money that they might receive this coming season?
Accountability via Transparency.
Corrupt official 22nd June 2019 at 20:20
'..Dead clever these lawyers….'
Are we speaking of William McCormick QC, who appeared for King and Murray ( and TRFC and Rangers Retail) before Mr Richard Millett QC(sitting as a Deputy Judge of the (English) High Court on 22 March 2017?
Para 28 of the judgment after that hearing has this:
"Even by this early point it ought to have been obvious to all Defendants that Mr King and Mr Murray's positions as directors of the Company were hopelessly conflicted. On the other hand, the positions of the SDI-appointed directors to the Company's board were more closely aligned with the interests of the Company. It may very well have been the case that the business of the Company relied upon relationships with other entities in the Sports Direct group which were disadvantageous to the Company. That is a point of which Mr King makes much in his evidence, and much was made by Mr McCormick QC in his submissions on behalf of the Defendants. However, even if that were so, it ought not to have disabled the Company's board from seeking to uphold the IPLA and thereby protect its sole asset and revenue stream. The relevant comparator was between an allegedly disadvantageous IPLA and no IPLA at all, and ergo no business at all for the Company. "
It doesn't seem too clever to me to be defending two members of the Board of Rangers Retail Ltd who, as also being directors of TRFC Ltd, were acting (via boycott-support and purported termination of the deal that TRFC Ltd has with Rangers Retail ) not in the interests of Rangers Retail [ as they had a fiduciary duty to do] but in the interests of TRFC Ltd.
If it ought to have been obvious to King and Murray that they were 'hopelessly conflicted" how much more obvious ought it to have been to 'one of Her Majesty's Counsel, learned in the law'?
Recent Comments by John Clark
Leaving aside the particulars of the case , what is one to make of the criticisms of the legal teams, other than that as lawyers they seem to fall far short of acceptable standard in allowing their witnesses to waffle into discussing what the parties had intended their contracts to mean, when ,it seems that any first year law student by opening a text book could find that it is accepted law that “… The law excludes from the admissible background the previous negotiations of the parties and their declarations of subjective intent …”
from the 'judgment' of Mr Persey QC:
"46. I have already referred to the extensive references to the parties’ subjective intentions and arguments on construction in the witness statements. The witnesses should not have entered into the arena in this way. Nor should their legal teams have allowed them to do so. Much of the argument in Rangers’ skeleton argument refers to and relies upon this inadmissible evidence and argument. "
So not only was there one lawyer who actually lied, there were others whose knowledge of Contract Law seems to be not much more extensive than yours or mine! Or lawyers who do not adequately master their briefs and bone up on ALL the relevant, established law.
A poor reflection on the English legal profession.
Allyjambo 23rd July 2019 at 13:14
'…Isn't that the usual function of an SFA official?'
And provided to TRFC Ltd free!!
Finloch 23rd July 2019 at 08:55
"…..Donalda your historic and current BBC silence is deafening and inexcusable"
Finloch, absolutely true!
Donalda may have used up all her business skills ,intellectual powers , diplomatic and personal gifts in breaking through the 'glass ceiling ' and has opted for the quiet life.
Or maybe she is as unfit for the job as her predecessor in office and as our SFA Board members are for their jobs, and simply does what she's telt by those she's afraid to face up to.
Bogs Dollox 23rd July 2019 at 00:20
'…In what way is it possible for the same legal entity to sell assets and the business to itself if it is in liquidation? Mental.'
Ha ha, BD: two minds with but a single thought!
Timtim 22nd July 2019 at 19:51
'…..It's not looking good is it ? '
The very second that the SFA publicly apologises for the Big Lie, and agree to deny TRFC any claim to the honours and titles of RFC of 1872, and record in the official record of Scottish Football the horrendous cheating of SDM's Rangers and the blight that that odious person inflicted on Scottish Football- that will be the very second when I would be ready to wish TRFC well( well, if King were removed)
I simply could not be arsed with another sodding Administration, Liquidation, 5-feckin-way agreement and continuing rottenness in Scottish Football.