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Posted

several updates on the Scots Law website, you can see them all here: http://scotslawthoughts.wordpress.com/

Quite liked this one though:

 

March 18, 2012 · 12:24 am

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Rangers’ Administration – Round Up Part 3 – How Rangers Can Avoid Winding Up

 

 

 

 

 

 

 

……

 

 

 

 

 

Hmmm

 

 

 

……

 

 

 

Scratches head

 

 

 

……

 

 

 

 

 

……

 

 

 

 

 

…..

 

 

 

Nope – no idea how.

 

 

 

Posted by Paul McConville

Posted

http://www.heraldscotland.com/sport/football/doubts-surround-rangers-ebt-defence.17102845

 

RANGERS’ defence that payments made to players via Employee Benefit Trusts were “discretionary” rather than “contractual” could be thrown out by a Scottish Premier League investigation, leaving the club open to wide-ranging punishments.

 

The investigation is still in its early stages and is being handled by the SPL’s solicitors, Harper Macleod, rather than the SPL executive. So far requests have been to Rangers’ administrators, Duff & Phelps, for documents going back to 1998. Paperwork has been exchanged and the administrators have complied with all of the requests.

 

SPL rules D9.3 and D.1.13 impose a prohibition on players “receiving payments for playing football or participating in an activity connected with football except where such payments are made in accordance with a form of contract approved by the SPL and require that all such contracts are submitted to the SPL within 14 days of being entered into”.

 

The essence of Murray and Rangers’ defence is that the payments need not be covered by a routine football contract. But that is open to question and the investigation could take the view that it would be absurd to claim a player received payments, even discretionary ones, into an EBT for any reason other than “participating in an activity connected with football”.

 

A decision will then be taken on whether the information provides prima facie evidence of any breach of SPL rules.

 

If so, and given the seriousness of the allegations and their repercussions, the case almost certainly would be passed on to a specially-created three-man Independent Commission, probably chaired by a Law Lord. It would be the Independent Commission, rather than the SPL which would make a final ruling and also apply any possible sanctions to Rangers. Because the allegations are unprecedented for the SPL, the governing body may take legal advice before applying any punishment if Rangers are found guilty.

 

Any potential punishments for a guilty verdict could be lessened if Rangers successfully argue that their breach of the rules was inadvertent, not willful, or was based on poor advice.

Posted

Christ. Is there no end to this?! :lolabove:

 

Actually I believe there is an end to this, unfortunately we're not going to like it when the Huns walk away scotfree with no more than a slap on the wrists at worst and SPL membership intact ::)

Posted

Actually I believe there is an end to this, unfortunately we're not going to like it when the Huns walk away scotfree with no more than a slap on the wrists at worst and SPL membership intact ::)

 

No way dude.

I can't believe you actually think they'll get a slap on the wrist.

Posted

Is this mebbes why the "other 10" that raceltic think are being disrespectful are trying to get ahead of the game a wee bit so that they can get concensus through them, and if the SFA play silly buggers with thier own rules everyone else can stand up to the Sfa and the ugly sisters?

Posted

Reading the rangers tax case blog and the scots law blog I don't see that this will be sorted anytime soon.  This will drag on for possibly years which will significantly stifle rangers. 

 

The two main issues aren't even near to being concluded, namely 1)The Big Tax Case, if this goes against Rangers, as the Scots Law blog said, there is no way they will exist in their current form and will go into liquidation.  What happens then is up for discussion but at best (for them) it will be back into an SPL with significantly altered rules and voting structure and with points deduction or other penalties for a number of years (they will also not be allowed to play in Europe)

 

2) The SPL independent enquiry into illegal payments/dual contracts.  If Rangers are found guilty the SPL will have a hard job not punishing Rangers given UEFA's stance on these matters and precedent in Scottish football for fielding ineligible players.  Of course if the liquidate the club the SPL would probably struggle to penalise Newco.

 

Either way both these issues will face repeated legal challenge and until they come out the other side Rangers will suffer as badly as they have the last few months.

 

There is plenty of enjoyment to be had from this yet.

Posted

Reading the rangers tax case blog and the scots law blog I don't see that this will be sorted anytime soon.  This will drag on for possibly years which will significantly stifle rangers. 

 

The two main issues aren't even near to being concluded, namely 1)The Big Tax Case, if this goes against Rangers, as the Scots Law blog said, there is no way they will exist in their current form and will go into liquidation.  What happens then is up for discussion but at best (for them) it will be back into an SPL with significantly altered rules and voting structure and with points deduction or other penalties for a number of years (they will also not be allowed to play in Europe)

 

2) The SPL independent enquiry into illegal payments/dual contracts.  If Rangers are found guilty the SPL will have a hard job not punishing Rangers given UEFA's stance on these matters and precedent in Scottish football for fielding ineligible players.  Of course if the liquidate the club the SPL would probably struggle to penalise Newco.

 

Either way both these issues will face repeated legal challenge and until they come out the other side Rangers will suffer as badly as they have the last few months.

 

There is plenty enjoyment from this to be had yet.

 

Yes please :thumbsup:

 

Hope you're right

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