Former Rangers chief executive Charles Green is being asked to give evidence in a £56.8 million action brought by a financial firm over claims Ibrox should have been sold to pay off debt.
Green is being called in by the club’s former administrators, David Whitehouse and Paul Clark, over allegations they should’ve sold off the stadium and other assets while in control of the club.
Rangers’ liquidator, BDO, have mounted the case against the pair, claiming the lack of an asset sale left less cash to split among creditors.
Lawyers acting for Whitehouse and Clark have asked Green to give evidence at the Court of Session.
Andrew Young QC told judge Lord Tyre on Monday that solicitors are awaiting for a response from Green, who is believed to live in France.
Mr Young is acting for Whitehouse and Clark, who worked for Duff & Phelps, to fight the legal suit from BDO.
BDO believes Whitehouse and Clark didn’t cut costs sufficiently well enough after they were drafted into sort the then-ailing club.
Lawyers for the company allege the men could’ve raised more money for the claim.
Both Whitehouse and Clark deny the allegation and are contesting the action.
It’s understood BDO believe Ibrox stadium – and the club’s training complex, corporate brand and players – should’ve been cashed in and funds put towards the multi-million pound mountain of debt.
On Monday, speaking about attempts by Whitehouse and Clark’s legal team to get Green to give evidence, Mr Young said: “The position with him is that again I don’t have a written statement from him; he has spoken to those who have instructed me and he has given his views on a number of issues - these views have been drafted into a precognition and sent to him to see if they are accurately reflect the discussions and we have asked whether he would then be willing to sign a witness statement and give evidence.
“We are still waiting on a response from Mr Green.”
Whitehouse and Clark were appointed by the Court of Session as administrators after HMRC took Rangers to court for £18m of unpaid tax in February 2012.
They went on to sell the business and assets of the ‘oldco’ to Charles Green’s consortium for £5.5m before BDO were appointed to liquidate the old company.
The three men were later among seven indicted over fraud allegations relating to Rangers before the case against them was dropped in June 2016.
Both Whitehouse and Clark raised a multi million pound action against the police and prosecutors last year.
Prosecutors admitted the case against the duo was “malicious” and conducted “without probable cause”. They each received multi million pound settlement.
Prosecutors also admitted that Green, who was also arrested during the probe and eventually acquitted, was wrongfully taken to court, and that the prosecution against him was malicious.
BDO launched the current action against Whitehouse and Clark in 2017.
On Monday, Mr Young told Lord Tyre that he was amending his list of witnesses which he wants to call to give evidence.
He said he wished to “substitute” footballer Steven Naismith for his agent Peter McLean. It wasn’t disclosed at the hearing what Mr McLean would give evidence about.
Naismith joined Rangers from Kilmarnock in 2007 for a £1.9m fee before joining Everton in 2012. He lodged an objection earlier that year to his contract being transferred to ‘newco’ Rangers.
