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Ongoing litigation relating to Rangers Football Club

Letter from the Lord Advocate to the Convener, Criminal Justice Committee, 19 July 2021

Dear Convener,

I refer to previous correspondence relating to the ongoing litigation following the prosecution of individuals in respect of the acquisition and administration of Rangers Football club.

In correspondence dated 5th February 2021, the former Lord Advocate, James Wolffe QC provided information and context following the admissions of liability and settlement of the actions raised by Mr Clark and Mr Whitehouse. It was also explained at that time that there was ongoing litigation. In particular, it was anticipated that a proof would take place in a related action. You will no doubt be aware that Lord Tyre sitting at the Commercial Court of the Court of Session heard evidence between 6th and 23rd April and will hear final submissions on 20th July 2021 in the action raised by David Henry Grier.

On my appointment as Lord Advocate, I raised the issue of a perceived conflict of interests, given I had acted for a firm of solicitors who represented the corporate entity, Duff & Phelps (the employers of David Henry Grier) in relation to legal challenges taken against a warrant obtained by the Crown. This involvement was in 2014/2015.

I have taken advice and I can confirm that I have recused myself from further involvement in these matters and advise I have not had any involvement in these cases since my appointment on 18th June 2021.

The purpose in my writing to you is to set out the arrangements for Law Officer involvement for the future conduct of these cases. The Solicitor General for Scotland,
Ms Ruth Charteris QC, will issue instructions to the independent legal team and Senior Counsel advising on these cases.

Yours sincerely,

Dorothy Bain, QC

Lord Advocate