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Rangers 'offered financial incentivesâ?? in case against Martin Bain

 

http://news.stv.tv/scotland/west-central/275656-rangers-offered-financial-incentives-in-case-against-martin-bain/

 

A QC has claimed Rangers were offering "financial incentives" for help in their court battle against former Chief Executive Martin Bain.

 

Nicholas Ellis QC told a judge at the Court of Session in Edinburgh on Friday that Mr Bain was anxious to make progress with his damages action against the Ibrox club because of "what might be described as the parlous financial state".

 

Mr Bain is suing his former employers for £1.3m alleging a breach of contract. Rangers have made a counterclaim alleging breach of fiduciary duties, which he Mr Bain.

 

The court action follows the takeover at Ibrox by venture capitalist Craig Whyte following Sir David Murray's reign in the Scottish Premier League champions.

 

Mr Ellis said that if Rangers "go into some sort of insolvency arrangement" then Mr Bain's claim would be defeated as he would be at the back of the queue.

 

The senior counsel said it was feared that the ex-chief executive's claim would suffer "a technical knock out" because of a lack of resources at Rangers to make payment if he succeeded in the court case.

 

Lord Menzies raised with him that Rangers indicated they were being hampered because of emails being deleted from a computer. Mr Ellis said: "The pursuer (Mr Bain) did not delete any emails from his computer. He is aware his secretary, not at his request, but of her own volition deleted some emails."

 

He told the court: "We know the defenders have trawled about trying to find matters in relation to the pursuer that they can characterise as a breach of contract. On our information they have offered financial incentives for assistance in the case against him."

 

Alan Dewar QC, for the club, said an IT expert had been instructed to investigate the situation.

 

Mr Ellis asked Lord Menzies to reserve dates for a full hearing of the action and the judge agreed to set aside three weeks of the commercial court's time beginning on July 24 next year for the case.

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I've got emails in my inbox that are over 6 years old, and I don't see any reason for deleting them as they are held with the provider. Surely there will be some possibility of recovering these deleted emails as the company should have some record of these things. I often hear that even if you delete things from your computer a clever computer man/woman can still recover that delted information.

 

I would still like to hear why the secretary felt the need to delete these mails.

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Secretaries delete emails all the time.

 

I've got 10s of thousands of emails but still delete as many as I can to make them more manageable on my laptop.

 

It all depends on what the emails were and the reason for and timing of their deletion. I'm sure everyone would delete some emails when leaving a company.

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I don't see how that amount of emails you have effects the working of your computer as they're only accessed through your laptop, not stored there.

 

But I accept there may be some 'clearing up' done when moving on. Still seems a bit strange nonetheless.

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I often hear that even if you delete things from your computer a clever computer man/woman can still recover that delted information.

 

Up to a point, that is true. The "ghost" data will eventually get over written.

 

As a company, we automatically back out ALL our emails....this has proved very beneficial in contract claims etc. Most businesses of any decent size should have some sort of archive/backup system.

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