Bain v. The Rangers Football Club Plc [2011] ScotCS CSOH_158 (23 September 2011)

Bain v. The Rangers Football Club Plc [2011] ScotCS CSOH_158 (23 September 2011)

Mr Bain satisfied the three statutory tests: he averred a prima facie case for damages, demonstrated a real and substantial risk of insolvency if the tax appeal is decided against Rangers, and showed it was reasonable to grant the warrant. The court exercised discretion to limit the warrant to £480,000 due to the existence and likely development of Rangers' counterclaim.

Citation
[2011] ScotCS CSOH_158
Parties
Pursuer: Martin Bain; Defender: The Rangers Football Club Plc
Jurisdiction
Scotland
Judgment Date
23 September 2011
Procedural Posture
Application Under Section 15 F of the Debtors (scotland) Act 1987 / Interlocutory Hearing for Warrant for Arrestment on the Dependence
Outcome
Warrant for arrestment on the dependence granted, limited to £480,000.
Legal Topics
Repudiation of Contract, Arrestment on the Dependence, Shareholder Approval of Service Contracts, Risk of Insolvency, Reasonableness of Warrant
Employment Law Company Law Insolvency Law Repudiation of Contract Arrestment on the Dependence Shareholder Approval of Service Contracts Risk of Insolvency Reasonableness of Warrant

Case Brief

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Parties

Martin Bain

Pursuer

The Rangers Football Club Plc

Defender

Procedural Posture

Application Under Section 15 F of the Debtors (scotland) Act 1987 / Interlocutory Hearing for Warrant for Arrestment on the Dependence

Legal Issues

  1. 1 Whether pursuer has averred a prima facie case on the merits
  2. 2 Whether there is a real and substantial risk of insolvency affecting enforcement
  3. 3 Whether it is reasonable in all circumstances to grant a warrant for arrestment

Ratio Decidendi

Mr Bain satisfied the three statutory tests: he averred a prima facie case for damages, demonstrated a real and substantial risk of insolvency if the tax appeal is decided against Rangers, and showed it was reasonable to grant the warrant. The court exercised discretion to limit the warrant to £480,000 due to the existence and likely development of Rangers' counterclaim.

Court Disposition

Warrant for arrestment on the dependence granted, limited to £480,000.

Orders

  • Warrant for arrestment on the dependence limited to £480,000 granted.
  • Mr Bain awarded one half of his expenses for the motion.