The importance of being dogged in Donegal

As regular readers will know this site often relies on assistance from various folk who are experts in their own field.

Recently I have been significantly assisted by a chap whose expertise is in the labyrinthine legal nuances of contract law.

His forensic precision was contained in this piece of July 10th.

Given the material he was analysis g for me, I asked him to have another go at explaining it to me in Golden Retriever.

We both like the  2011 film, and when I used the term, he immediately got it.

Yesterday he sent me this:

Phil,

Re the court document lodged with the Royal Courts of Justice on 20th April by Sports Direct, some interesting allegations are made by SDIR in respect of the historic position relating to who can, and who cannot actually sell RFC merchandise such as strips etc.

I have no idea whether the historic agreements are still in place or have been varied at some time, but it is safe to say that SDIR has gone to court on the following basis:

From the documents lodged at court, the legal position in terms of the agreement between RFC and SDIR seems to be that if SDIR doesn’t manufacture RFC strips themselves they do have a right to buy strips at the lowest available wholesale price agreed with Puma, Hummel, Castore or whoever, and thereafter have exclusive rights to sell those strips.

Of course, RFC and SDIR can separately agree on third parties selling the strips, but it may well be that SDIR’s consent is absolutely vital which effectively gives them control and a veto.

Furthermore, there seems to be a clause which places an obligation on RFC, its directors and all key officials to work with SDIR and to “work together in good faith and make public statements that support and promote the new commercial arrangements with a view to maximising the commercial success of the new arrangements. This will include taking all reasonable steps to end the Supporter Boycott and to re-engage positively with Rangers Football Club’s supporters.” (At clause 8.5.)

So, in other words, there is an obligation on RFC and its directors to promote SDIR and to encourage fans to shop there. That arrangements and those obligations presumably continue.

SDIR also argues that in any contract with a shirt manufacturer “SDIR should have been identified as the retail partner in any agreements and had rights from the outset determined by their own contract and separately scot’s law if applicable.”

Presumably, this also applies to the Castore deal and may well explain why SDIR has recently taken to the airwaves to explain why it has the sole rights to sell kit and why both RFC and Castore have removed the sale of kit from their individual websites.

SDIR also complain that RFC has failed to answer numerous pieces of correspondence and are in breach of their duties to ensure that SDIR’s advertising is clearly seen whenever RFC games are broadcast, and television interviews are given post-match. Presumably, there is an obligation to do this, and the future televised games will be interesting to watch.

SDIR goes on to argue that by “clause 3.1.1 Rangers purported to grant SDIR “the exclusive right to operate and manage the Retail Operations”. – In other words, RFC’s entire retail operation would appear to be in the hands of SDIR, which is why Castore nor RFC can sell kit without SDIR’s permission.

In clause 3.2, Rangers undertook that it “shall not operate or manage, nor grant any third party any rights to operate or manage on its behalf, the retail sale of Branded Products and Additional Products, Official Rangers Kit and Replica Kit at bricks and mortar stores or online in the Territory during the Term.”

 

(4)          By clause 3.3, Rangers additionally undertook that it “shall not do, nor grant any rights to any third party to do, anything that would conflict with SDIR’s rights to use and exploit the Rangers Rights in accordance with this Agreement.”

 

(5)          SDIR, in fact, enjoyed:

 

(6)          (1) the exclusive right, through the operation and management of the Retail Operations, to operate and manage the retail sale of Branded Products, Replica Kit and/or Additional Products in Rangers-branded stores whether bricks and mortar stores or online (clauses 3.1.1 and 3.2);

 

Further SDIR are suing RFC in relation to the following past activities:

 

“From about 21 September 2018, Elite has run a Rangers webstore, www.thegersstoreonline.com, presented as the official Rangers webstore. For example (and without limitation):

 

(a) The webstore is described as “Rangers Football Club | Rangers Direct – Official Online Store”.

 

(b) The webstore’s Privacy & Security Policy redirects to the Privacy Policy of Rangers’ website.

 

(2) Elite has run two physical “bricks and mortar” stores, in Glasgow (from about 8 December 2018) and in Belfast (from about 19 April 2019) that are Rangers-branded stores, and thereby presented as official Rangers stores.”

 AND 

“Further – Rangers:

 

(1) has failed to display the SDIR Brands on interview backdrops at the Ground, as required by 2.1 of Schedule 4.

(2) has failed to provide any branding or advertising in the “Rangers News”, on the official Rangers’ website or on trackside sites at the Ground, as required by 2.2 of Schedule 4; and

(3) has failed to provide any of the Advertising Rights set out in paragraph 3.2 of Schedule 4.”

 

If the contracts between SDIR and TRFC are still in place, and there is nothing here to suggest that they are not, then the same obligations and restrictions would apply to any contract with Castore. 

Given that SDIR has recently proclaimed that TRFC kit will be exclusively available via SDIR shops and that Castore has recently changed their website reference to TRFC kit etc it is not unreasonable to assume that of late SDIR have taken recent legal action to make sure that their rights have been, and are being, preserved and to ensure that TRFC and Castore know that any deal they do, or have done, is subject to the legal position of SDIR which enjoys: 

In short, it looks as if TRFC can’t sell any shirts without SDIR being paid a sizeable percentage of the retail price whether the shirts are sold via Sports Direct, or in the TRFC Megastore, and if the only way to watch TRFC in the coming weeks is via the TV, then SDIR will be looking to ensure that its name and its logo are prominently displayed for the cameras as they have that right under the contract.

 

Ok, that’s what he sent me.

Full disclosure I read it three times and came to the full and frank realisation that I needed it explained to me.

Consequently, I called him again this morning to go over this stuff and, as ever, he was patient and generous with me.

The reason for my call was that I wanted to be sure that his faithful gundog in Dún na nGall had grasped the essentials of his email which I have reproduced here in full.

Moreover, I do so with his express permission.

He confirmed that I hadn’t missed anything important in his missive.

The bottom line dear reader is that Big Mike has the Sevco High Command exactly where he wants them.

It was during the call that I was mugged by a memory, and I don’t mind sharing it with you.

The telephone tutorial today was redolent of the long phone conversations that I once had with this fella.

I’m sure that Paul McConville would have hit it off with my new learned buddy.

I had completely forgotten that I would often ask my Albion Rovers buddy to break down his forensic analysis of Sevco’s early days into morsels suitable for a Golden Retriever in Dún na nGall.

For the record, Paul was unfailingly patient and courteous often using his mischievous giggle as a full stop when he realised that, finally, I had grasped what he was saying.

My new buddy does have Paul’s impish sense of humour, but they share the same legal laser-like scrutiny of impenetrable sections and subsections.

I had one bit of scéal for my contract expert when I spoke to him today.

Late last night Shirebrook Guy got in touch.

It is very much one-way traffic, and he will contact me when it is convenient for him.

Some sources work best like that.

All he would say was:

“Ah, there are more injunctions on the way”.

I tried to press him for more information, but that was the extent of what he would share.

“Injunctions”.

Plural.

When I shared that news with my learned pal today, he was not surprised in the least.

When I look at the foregoing, I’m convinced that the Sevco High Command must be very grateful for the ongoing obedience of the Stenography Corps.

Why does it take a freelance NUJ member in another country to apply a basic level of journalistic scrutiny to the shenanigans at Ibrox?

 

27 thoughts on “The importance of being dogged in Donegal”

  1. Looks like they are playing ‘media quid quo pro’ this time instead of getting their DUP Rottweiler to demand the article is removed…

    Suddenly it’s a ‘minority’ and the Berrz just crave success irrespective of race or religion at Ibrox.

    Deludamol production certainly hasn’t been hit during lockdown…

    https://www.glasgowtimes.co.uk/news/18598034.rev-stuart-macquarrie-condemnation-blm-abuse-shows-race-religion-dont-matter-modern-day-rangers-fans/

    Reply
  2. I read all of Paul McConville’s pieces and they were razor sharp in legal terms but written for a legal newbie like me. I’m not really a newbie as 69 years have shown but with legal matters it takes skill to see through the verbosity to the gems of truth and that he did. He is sorely missed.
    Thanks Phil for making my day.

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  3. Phil, you are right about Paul McConville. I used to love the Scotslawthoughts website. I actually said a wee prayer at Paul’s grave today (as I occasionally do) as it is just along from some family members. I never met him but recall discussing his writing with my Parish priest Fr. Bogan who spoke extremely highly of Paul and his family.

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  4. Iam away for a few days on holiday to inverness an didnt need cheering up but that gave me a right laugh cheers phil 🤣🤣🤣🤣🤣

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  5. Paul McConville was definitely one of the good guys – a sharp knife – a straight arrow – and very sadly missed.

    I particularly liked his lawyerly inability to jump to excitable conclusions – no matter how desirable – even in the face of what lay men saw as an arsenal of smoking guns.

    If you are not familiar with his work, his writings up to Nov 2013 are still available as a rigorously compiled research source on the Rangers decline and fall: DOS, EBT, LNS, Liquidation, Sevco Switcheroo, 5WA and many related topics – https://scotslawthoughts.wordpress.com/

    Rest in peace Paul, and best wishes to your family and friends.

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  6. Aye Phil you’ve made my day,as you always said the devil is in retail/detail.Big MASH has them forever by the short n curlies…AND I AM OFFICIALLY… LOVING IT💚🤍💛🇮🇪

    I had hope for the master retailer,grá💚be upon home,to pull another Ace for the ether and et voilà he does.To say this has sated my appetite would be understating it badly,you’ve quenched that want for some time to come and I thank you for these wonderfully glad tidings.

    Now,what joys to come this season,they’ve won a ten-bob trophy already but big MASH has won the series,Sevco World Series of International Business Incompetence,furthermore,he will do until he simply doesn’t want to do so any longer.

    Thanks Phil,you’ve morphed me into a Cheshire Cat 🐈 BRAVO! Encore from The Donegal Retriever
    Imho…more like a pit bull,thank feq yir a Fenian HH🍀

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  7. It is unlike you to suffer from false modesty. The text is pretty straightforward. In all of this I do not understand why Sevco believes that the law of contract does not apply to them. You signed it, you abide by it, even if circumstances change. We have all signed things we wish we had not. Marriage and mortgage papers come readily to mind….

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    • I may be wrong however it would be a fair assumption that Rangers failed to inform Castore of their obligations to SD, otherwise why would they attempt to sell Sevco kits on their own website.
      If correct then It would also be a fair conclusion that the subsequent intervention by SD may have cost Castore money in legal, website construction, advertising outlays, production and many more I’m sure. Not to mention the potential to damage to Castore brand.
      If Castore were made aware of obligations Sevco had to SD then…… Well I’m sure Big Mike has the resources to take care it!!!!

      How I yearn for the banter years!!!!!!

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    • Rangers / sevco have NEVER believed rules apply to them. This has been reinforced constantly by a compliant media and equally compliant football authorities.

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  8. Is this a deal that The Rangers cannot exit? Is there no end date?

    Do they have to buy their way out (or go bust) to leave Sports Direct?

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  9. Forgive me, but as I see it, until a judge decides on an actual figure and a date by which it has to be paid, then Sevco will be “King” of the courts. Big Mike is winning the legal equivalent of “Closed Season Cup”. If and when the day of reckoning comes, Sevco will just fold.
    In law “justice delayed is justice denied”.

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  10. They are using a privacy service to hide who the domain name (www.thegersstoreonline.com) is registered by, which is very unusual. Incidentally that domain name expires on 31/08/2020, any significance to that date ?

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  11. Would it seem reasonable to infer then, that those eager bears who have already forked out £50 to join Mygers to then be able to pre-order a top for c.£60 from Castore…

    should NOT expect a delivery to their home, from August 1st, as advertised?

    And did RIFC not bring in an expensive Commercial & Marketing Director: Bisgrove?
    That was over a year ago, (March, 2019).
    On the face of it, Bisgrove hasn’t been able to manage this contract shambles which he inherited, (…knowingly?).

    But it’s definitely his problem now! 🙂

    Reply
    • I think you will find that Mr Bisgrove stayed recently that ‘Rainjurzz 2012’ were now free from restrictive’legacy’ contracts…

      Lying or deluded?

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  12. Interestingly, Joe McHugh over on videocelts reported last night that the much-lauded makeover of the ibrox superstore due to open on 1st August is currently stalled with Glasgow City Council as the building warrant hasn’t been paid. Probably a coincidence.

    Reply
    • Euan thank you for your kind words. Paul would have enjoyed working alongside Phil and revealing what is going on at Ibrox. He would have been as Phil says “lasering” in on the whole truth and nothing but the truth…which sometimes hurts..thanks again…Mark (his brother)

      Reply

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