Ah well, another day, another legal victory for General Ashley over Sevco!
The full court ruling can be read here.
It is a lengthy judgement, but the key paragraphs are:
- For these reasons I have concluded that Sports Direct is entitled to the “undoing” injunction. However, it is necessary to consider its terms. It is well established that an injunction, especially a mandatory injunction, must be in clear and precise terms (see e.g. Redland Bricks v Morris [1970] AC 652, 666). In this regard, I consider the terms of the third injunction set out above to be insufficiently precise.
- Accordingly, I grant Sports Direct a third injunction on the following terms:
“Rangers shall:
(1) not perform the Elite Agreement;
(2) not assist Elite to perform the Elite Agreement; and
(3) inform Elite that it will not perform the Elite Agreement.”
- Since the form of that injunction is different from the form in which it was sought the parties may, if they wish, make observations on its drafting when judgment is handed down.
- My understanding, from paragraph 149 of Mr. Hofmeyr’s Skeleton Argument, is that damages are not to be determined at this hearing but that direction may be given for their determination. I request the parties to agree the necessary directions.
CONCLUSION
- In summary:
- i) The two questions posed by paragraph 2 of the Order for Directions dated 3 October should be answered in the affirmative. The prohibition imposed on Rangers by paragraph 5.8 and the obligation imposed on Rangers by paragraph 5.2 apply where Sports Direct has already exercised its matching right.
- ii) Accordingly, Rangers was in breach of the Retail Agreement by entering into the Elite Agreement and by failing to offer Sports Direct the opportunity to exercise its matching right in respect of Elite’s offer.
iii) Sports Direct is entitled to the first and second Injunctions sought in the terms set out in the Particulars of Claim. Sports Direct is entitled to a third injunction in the terms set out above.
Regular readers will not be surprised that Sevco’s online car boot sale has ended up with another spanking in court.
It would appear that the cunning plan hatched by the Conveyancing Consigliere was actually rather pish.
Then there is the somewhat vulgar matter of costs.
Mr Justice Teare said as Rangers had lost they would be liable for the legal bills during the latest round of litigation.
As I had previously reported General Ashley was sparing no expense on this case as he knew that Sevco would be paying!
Lawyers told Mr Justice Teare that Sports Direct had spent about £280,000 and Rangers about £147,000.
Have a great day…
In regards to a biased media, has anyone noticed similar on the sky sports app? The tone of the storyline is quite something. The general consensus is that Sevco are doing great and we are struggling badly. This can be claimed to be somewhat accurate, considering our success in previous seasons, however the likliehood is that we will be well clear again by Christmas and on our way to 8 in a row. We should be top in 7 days and with Sevco and Hearts both facing Hibs in next 2 weeks I’d be surprised if our lead wasn’t extended at the top by early November.
We all know Andy Walker and Jim White have their narrative, but keep an eye on the app, the tone of the stories are obvious and is another reason why I back BT as our broadcaster for now.
If Celtic tv was available to those 100 miles or more from the ground this would be my choice and would create further revenue no doubt.
Check the photos below in comparison, if the headlines and frequency of Sevco news doesn’t strike you, then the content of the articles and it’s tone certainly will. Thanks.
https://uploads.disquscdn.com/images/504c57ab269d4281d75f8fbdaac7079af207a809457a0927b8744e4443129fcf.png
https://uploads.disquscdn.com/images/4cdc5ff6ca53dcb4b43a230b965231e0f1cbf323721eecf5aa67f1f3603ac3a5.png
https://uploads.disquscdn.com/images/6f31614cd9faae2eff71c9f5d117e86f08df29ff7e6da790d5b7a301d0ec7e1a.png https://uploads.disquscdn.com/images/365e9cebd0d808a6ad1e9f6e7554a49c3ea4d33a6edca4834e1824970ba7cace.png https://uploads.disquscdn.com/images/1ca448d04d96a65dcbdb6eecf0be9e0b84d98afd6e32f9906300ddfd090b7cc9.png https://uploads.disquscdn.com/images/93d755e9a6ab2e211a01560c59233a205008cbe09b60bc10859ed65798b13772.png
Ahhh! The ibrox trophy room is filling up nicely – do framed court injunctions count, though? 😂😂😂
Going for 55 dontcha know. HH
Another record or three for the new club!
Most court appearances in a season.
Most court case losses in a season.
Most different courts appeared in … in a season.
Most damages and court costs awarded against in a season.
Highest number of different legal advisors used in a season.
Most ongoing court cases at same time.
———————-
I’m sure there must be more but surely ?…
Surely that lot alone is worthy of another star on the Badge?
Looks like Sevco are well and truly “up the injunction.”
Now, can I hear ya say “punitive damages” ?
Fighting talk from militant Bears who are talking up direct action against Ashley and his stores.
Are you watching Police Scotland?
Mess with Rangers at your PEARL posts one educated fan.
He’s probably tasked with making up the protest banners and placards.
Oops, BBC Scotland tea time news also deem todays court action not worthy of a mention.
How can that be? Thousands of fans have prepaid for kit and who knows when they will now receive them.
Best of luck with getting your money back.
The club has to pick up all legal costs and no doubt SDI will be putting together a damages claim.
What must Hummel and JD Sports make of the latest court decisions?
https://uploads.disquscdn.com/images/95dbbe2f86873eeff4860db6589917612a3dd9e29d17aaf61aa5c7cfe81e3244.png
Most Excellent news Phil. The Tanks never went away, they just repositioned.
I see over on Follow thru Follow thru they are hatching a plan to take up arms against their oppressor. Operation Stinkbomb.
They plan on stinking out SD and Frasers.
Ach well, at least it’s a stepup from Operation Ship rivet and a move in the right direction to joining the men in uniform they throw their damp knickers at on a daily basis.
Well done STV. Managed to get through the 6pm news without a mention of the 3-0 reverse in court today.
Not newsworthy or is Level 5 deciding what the output is?
Certainly looks like it.
Lets see what BBC Scotland come up with though I’m sure a year ago when the Rangers annual accounts were published they joined the rest of the media in hailing King’s victory over Big Mike!
I’m curious if the legal bills that are accumulating will be broken out as a separate line item in the accounts / annual report. We’re now approaching 2-3% of annual turnover that RIFC and its subsidiaries are spending on legal bills. If the company is incurring costs related to the Takeover Panel proceedings (as opposed to DK paying those costs himself), that figure is much higher.
From strictly an accounting standpoint, there does become a point at which these costs are material enough where they have to be broken out and not lumped into another more general expense line.
I would posit that this isn’t the last we have heard on this. 2 reasons; they badly need extra ‘new’ money and the only place I can see them finding it is with retail. Second, they, especially King, don’t appear to believe that the law applies to them. IMO, this will be tried again, just in different form. Time to order more popcorn.
An interesting little note from para 13:
“… Rangers’ then-solicitors sent a letter to Sports Direct, dated 26 July 2018 …”
I wonder what the story is behind them breaking up with their old solicitors. Were the other partners happy to see the account go with Blair, or is there something else going on.
Just who is Rangers paying for legal advice? Another court case, another bloody nose x three.
On top of the legal costs SDI will be looking for loss of profit.
What are Hummel and JD Sports making of this clusterfuck?
Many fans have paid up front for kit that’s not been delivered. After today’s judgement delivery is further away than ever.
Best of luck getting your money back before Xmas.
Just waiting on the Takeover Panel and Court of Session delivering a knockout blow to King.
The notes to the annual accounts, due out soon, should make for very interesting reading.
Although this does seem like yet another nail in the Sevco coffin, I am left to conclude that theirs is a massive casket and will remain above ground for quite some time yet. Unfortunately.
I love it when a plan falls apart at the seams and we’re left with broken egos littering the floor.
Dust pan anyone?