Scotland's top prosecutor has been given a week to decide how to act in a £5million compensation case involving an ex-Rangers administrator.
Lord Tyre allowed Gerry Moynihan QC more time to instruct Lord Advocate James Wolffe QC over a civil action brought by David Grier.
The judge continued the case after hearing submissions during a hearing at the Court of Session in Edinburgh.
The decision came two days after the law lord concluded there was no “probable cause” to prosecute business expert Grier for his alleged role in a doomed Rangers fraud probe.
Grier was arrested but later cleared, along with a number of other men, during an investigation into how businessman Craig Whyte bought the Glasgow side.
Lawyers acting for the Lord Advocate say the court should throw out Grier’s £5million compensation bid. They argued prosecutors were entitled to conclude Grier was guilty of wrongdoing during the business deal.
But Lord Tyre’s decision allows the compensation claim to continue.
At court yesterday, Mr Moynihan said he was unable to state the Lord Advocate’s position as they were still consulting.
He added: “I would ask for a maximum of seven days to complete the process of tendering the advice to the Crown Office and receiving instructions and lodging answers to the amended petition.”
Grier, who has been cleared of any criminal wrongdoing, is suing the Lord Advocate over claims prosecutors had no evidence to justify his arrest and charge.
He is also suing Police Scotland’s Chief Constable for acting unlawfully when he was arrested during an
investigation into wrongdoing at Rangers.
He is seeking £2million in damages from the force.
The legal actions stem from a police probe surrounding Rangers’ financial position during the last decade and the sale of the club to Whyte.
Prosecutors admitted Rangers administrators David Whitehouse and Paul Clark were wrongfully arrested and charged. Both received a settlement of £10.5million each.
