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Former Rangers owner Craig Whyte gets bankruptcy order lifted


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But we're not in England. What sort of legal advice did they get?

It seems such a basic error but I'm no legal expert

 

The paperwork for the contract was probably completed in London or somewhere else down south but Scottish law applies as Ibrox is up here.

It's like me renting out my house - it doesn't matter where the paperwork is done, the house is in Scotland.

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The paperwork for the contract was probably completed in London or somewhere else down south but Scottish law applies as Ibrox is up here.

It's like me renting out my house - it doesn't matter where the paperwork is done, the house is in Scotland.

 

For the most part true but not always.

 

You can also stipulate which law is being used :)

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But we're not in England. What sort of legal advice did they get?

It seems such a basic error but I'm no legal expert

 

You'd be surprised at the ignorance of Scots law from English based companies. I'm working on a >£100m project and twice, after tenders have been approved have the companies (based down South)submitted contracts completely referring to non-Scots law.

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For the most part true but not always.

 

You can also stipulate which law is being used :)

 

I was just reading back on the court decision by Lord Hodge and it would seem that Ticketus had a contract with us. Unfortunately for them, when Whyte took the company to oblivion it was their status as preferential creditors which changed under Scots law.

 

"On the first alternative direction, having heard submissions as to whether Scots law or English law determined whether a trust had been created in the income from the season tickets, Lord Hodge held that Scots law was the governing law. He directed that under Scots law Ticketus’ interests in seats at the Ibrox stadium, the tickets and the sale proceeds of those tickets were purely contractual rights and were not trust rights which would prevail over ordinary creditors in an insolvency."

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