barca72 440 Posted October 14, 2015 Share Posted October 14, 2015 what grounds are there to null and void the contract at this stage? The law will see him as innocent until proven guilty, so his coming criminal case will have zero bearing. The club must be arguing that the contract is null and void on another issue, I would guess that whoever signed the contract on the clubs behalf did so under duress or some similar issue. The court cannot make a contract for the parties but must enforce a contract which is agreed to by the parties. Since Green is charged with fraud, and since fraud is grounds for voiding a contract, I would expect Rangers to argue that if the judge grants Green his claim for costs then any funds awarded should be held in trust pending the result of the fraud case. Then again, you have the Proceeds of Crime Act and I'm not quite sure how that would impact on Green. No doubt this is why Ahmad is divesting himself of his possessions. 0 Quote Link to post Share on other sites More sharing options...
boabie 230 Posted October 14, 2015 Share Posted October 14, 2015 I found this advice for company directors interesting ; " Can the company indemnify or insure me against claims? A company may (but is not obliged to) indemnify you in respect of certain proceedings brought against you by third parties. An indemnity can potentially cover both the cost of the claim itself and the costs involved in defending it but never the following: „ the unsuccessful defence of or fines imposed in criminal proceedings; or „ penalties imposed by regulatory bodies. It is common for a company to take out directors’ and officers’ (D&O) insurance on behalf of its directors. Policy cover and terms vary from company to company and insurer to insurer but typically deal with directors’ liabilities arising from claims of negligence, breach of duty or other default. Standard policy exclusions include fraud, dishonesty and criminal behaviour but the directors should ensure they understand any limitations on cover and that insurance policies are kept under regular review. " 0 Quote Link to post Share on other sites More sharing options...
pete 2,499 Posted October 14, 2015 Author Share Posted October 14, 2015 (edited) I found this advice for company directors interesting ; " Can the company indemnify or insure me against claims? A company may (but is not obliged to) indemnify you in respect of certain proceedings brought against you by third parties. An indemnity can potentially cover both the cost of the claim itself and the costs involved in defending it but never the following: „ the unsuccessful defence of or fines imposed in criminal proceedings; or „ penalties imposed by regulatory bodies. It is common for a company to take out directors’ and officers’ (D&O) insurance on behalf of its directors. Policy cover and terms vary from company to company and insurer to insurer but typically deal with directors’ liabilities arising from claims of negligence, breach of duty or other default. Standard policy exclusions include fraud, dishonesty and criminal behaviour but the directors should ensure they understand any limitations on cover and that insurance policies are kept under regular review. " This is the clause which I said normally exists in contracts in another post. Insurance companies will also never pay out if forms have been fraudulently filled in. Edited October 14, 2015 by pete 0 Quote Link to post Share on other sites More sharing options...
Bearman 9 Posted October 14, 2015 Share Posted October 14, 2015 If Rangers have to pay for that crook it's a double whammy for all of us...I have faith in the law of our realm, it simply won't be allowed to happen. Green in Bar-L will happen though. 0 Quote Link to post Share on other sites More sharing options...
pete 2,499 Posted October 14, 2015 Author Share Posted October 14, 2015 If Rangers have to pay for that crook it's a double whammy for all of us...I have faith in the law of our realm, it simply won't be allowed to happen. Green in Bar-L will happen though. I would prefer we tried him in France and he got sent to the Guillotine. 0 Quote Link to post Share on other sites More sharing options...
buster. 4,846 Posted October 15, 2015 Share Posted October 15, 2015 For the judge to allocate as much as two days for the 'debate' suggests there is quite a few shades of grey up for legal discussion. It also throws cold water on the suggestions coming from the usual suspects that it is already a slam dunk in favour of Green. The truth is we don't know and will have to wait for a ruling. 0 Quote Link to post Share on other sites More sharing options...
boabie 230 Posted October 15, 2015 Share Posted October 15, 2015 This is the clause which I said normally exists in contracts in another post. Insurance companies will also never pay out if forms have been fraudulently filled in. I'm not in the know but would suspect that not only insurance companies but company law in protecting shareholders interests would also ban a situation where the persons at the top of the tree can indemnify themselves against the costs of defending alleged criminal behaviour . Like other folk have said here , I would prefer to believe that the Scottish legal system has more sense than to allow Greens claim to stand. There may be 2 days set aside for a hearing but I suspect the law lords will be setting down a marker to state to anybody else in the future that nonsense like this will not be tolerated and to stop wasting their time. 0 Quote Link to post Share on other sites More sharing options...
jhunter 0 Posted October 15, 2015 Share Posted October 15, 2015 who wrote green's contract? imran ahmad? the case will take about 4 minutes and the judge will be pissing himself laughing. i fully expect green to fake a heart attack 0 Quote Link to post Share on other sites More sharing options...
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