The Rangers Football Club Plc v Collyer Bristow LLP & Anor [2012] EWHC 1427 (Ch) (24 April 2012)

The Rangers Football Club Plc v Collyer Bristow LLP & Anor [2012] EWHC 1427 (Ch) (24 April 2012)

Justification exists for an expedited trial of all claims together, but not to the extent or timetable sought by the joint administrators. The trial should be listed in October 2012 to allow proper preparation and avoid prejudice. No order for specific disclosure is appropriate at this stage due to the current procedural posture and uncertainty as to the issues and scope of disclosure.

Citation
[2012] EWHC 1427 (Ch)
Parties
Claimant: The Rangers Football Club plc (In Administration); First Defendant: Collyer Bristow LLP; Second Defendant: The Rangers FC Group Limited; First Respondent: Merchant Turnaround plc; Second Respondent: The Trustees of the Jerome Group plc Pension Fund; Intervener: Her Majesty's Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Application for Expedition of Proceedings / Interlocutory Application for Expedited Trial and Directions
Outcome
Application for expedition granted in part; directions for expedited trial in October 2012; application for specific disclosure refused at this stage; costs summarily assessed against Group for conceded application.
Legal Topics
Expedited Trial, Unlawful Means Conspiracy, Breach of Trust, Breach of Undertaking, Negligence, Equitable Compensation, Proprietary Claims, Directions for Disclosure
Insolvency Company Law Civil Procedure Expedited Trial Unlawful Means Conspiracy Breach of Trust Breach of Undertaking Negligence +3 more

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Parties

The Rangers Football Club plc (In Administration)

Claimant

Collyer Bristow LLP

First Defendant

The Rangers FC Group Limited

Second Defendant

Merchant Turnaround plc

First Respondent

The Trustees of the Jerome Group plc Pension Fund

Second Respondent

Her Majesty's Revenue & Customs

Intervener

Procedural Posture

Application for Expedition of Proceedings / Interlocutory Application for Expedited Trial and Directions

Legal Issues

  1. 1 Whether the claims concerning the Fund should be expedited and tried together
  2. 2 Whether the timetable proposed by the joint administrators is achievable and justified
  3. 3 Whether specific disclosure should be ordered at this stage

Ratio Decidendi

Justification exists for an expedited trial of all claims together, but not to the extent or timetable sought by the joint administrators. The trial should be listed in October 2012 to allow proper preparation and avoid prejudice. No order for specific disclosure is appropriate at this stage due to the current procedural posture and uncertainty as to the issues and scope of disclosure.

Court Disposition

Application for expedition granted in part; directions for expedited trial in October 2012; application for specific disclosure refused at this stage; costs summarily assessed against Group for conceded application.

Orders

  • All claims to be tried together in an expedited trial window between 1 October and 31 October 2012.
  • No order for specific disclosure at this stage.