The Rangers Football Club Plc v Collyer Bristow LLP & Anor

The Rangers Football Club Plc v Collyer Bristow LLP & Anor

Justification exists for an expedited trial of all claims, but not to the extent or timetable sought by the joint administrators. All claims are inextricably linked and should be tried together for efficiency and good administration of justice. The proposed timetable is unachievable and prejudicial to Collyer Bristow. The trial should be listed for October 2012. No order for specific disclosure is appropriate at this stage; such applications may be made after defences are served. Costs for the delivery up application are summarily assessed at £11,000.

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; Other Party: Her Majesty’s Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Civil (commercial/company) / Interlocutory Application for Expedition and Directions
Outcome
Application for expedition granted in part; all claims to be tried together in October 2012; application for specific disclosure refused at this stage; costs summarily assessed.
Legal Topics
Expedition of Trial, Proprietary Claims, Breach of Trust, Unlawful Means Conspiracy, Breach of Undertaking, Negligence, Directions for Disclosure, Costs Assessment
Company Law Civil Procedure Trusts and Equity Expedition of Trial Proprietary Claims Breach of Trust Unlawful Means Conspiracy Breach of Undertaking +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

Other Party

Procedural Posture

Civil (commercial/company) / Interlocutory Application for Expedition and Directions

Legal Issues

  1. 1 Whether the claims should be expedited and to what extent
  2. 2 Whether all claims should be tried together or separately
  3. 3 Whether specific disclosure should be ordered at this stage

Ratio Decidendi

Justification exists for an expedited trial of all claims, but not to the extent or timetable sought by the joint administrators. All claims are inextricably linked and should be tried together for efficiency and good administration of justice. The proposed timetable is unachievable and prejudicial to Collyer Bristow. The trial should be listed for October 2012. No order for specific disclosure is appropriate at this stage; such applications may be made after defences are served. Costs for the delivery up application are summarily assessed at £11,000.

Court Disposition

Application for expedition granted in part; all claims to be tried together in October 2012; application for specific disclosure refused at this stage; costs summarily assessed.

Orders

  • Trial of all claims expedited to a window between 1 October and 31 October 2012.
  • No order for specific disclosure at this stage; liberty to apply after service of defences.