The Rangers FC Group Ltd v Stephen & Anor [2017] ScotCS CSOH_85 (15 June 2017)

The Rangers FC Group Ltd v Stephen & Anor [2017] ScotCS CSOH_85 (15 June 2017)

The appeal is sisted pending determination of criminal proceedings because principal issues overlap with matters at issue in those proceedings, and proceeding would risk prejudice to the administration of justice.

Citation
[2017] ScotCS CSOH_85
Parties
Noter: The Rangers FC Group Limited; Respondent: James Bernard Stephen; Respondent: Malcolm Cohen
Jurisdiction
Scotland
Judgment Date
15 June 2017
Procedural Posture
Appeal Against Adjudication of Claim in Liquidation / Preliminary Hearing; Appeal Sisted Pending Criminal Proceedings
Outcome
appeal sisted (paused) pending conclusion of criminal proceedings
Legal Topics
Adjudication of Creditor Claims, Fraudulent Scheme, Unlawful Financial Assistance, Balancing of Accounts in Bankruptcy, Floating Charge, Assignation of Debt
Insolvency Company Law Criminal Law Adjudication of Creditor Claims Fraudulent Scheme Unlawful Financial Assistance Balancing of Accounts in Bankruptcy Floating Charge +1 more

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Parties

The Rangers FC Group Limited

Noter

James Bernard Stephen

Respondent

Malcolm Cohen

Respondent

Procedural Posture

Appeal Against Adjudication of Claim in Liquidation / Preliminary Hearing; Appeal Sisted Pending Criminal Proceedings

Legal Issues

  1. 1 Whether the noter's claim as a secured creditor is valid
  2. 2 Whether the assignation agreement and floating charge are void due to alleged fraud
  3. 3 Whether the arrangements constituted unlawful financial assistance under Companies Act 2006

Ratio Decidendi

The appeal is sisted pending determination of criminal proceedings because principal issues overlap with matters at issue in those proceedings, and proceeding would risk prejudice to the administration of justice.

Court Disposition

appeal sisted (paused) pending conclusion of criminal proceedings

Orders

  • Reporting of certain matters prohibited until conclusion of criminal proceedings under Contempt of Court Act 1981, section 4(2)