UNREASONABLE BEHAVIOUR COSTS WILLOW LEGAL FEES

The Place: Greenock Sheriff Court


The date 9th May 2011


The Time: Still to be announced

The Case: Greenock Morton Supporters’ Trust v James Gallacher

This is the recalling of a preliminary hearing of a Small Claims action.

On 28th March 2011 Sheriff R. Swanney confirmed to Nicholas Robinson (the layman purporting to act for the membership) that The Greenock Morton Supporters’ Trust Ltd., as a body corporate,  must be legally represented . Mr. Robinson had already been informed thus by Mr. Gallacher’s city solicitor, but had allegedly later received conflicting advice locally. 

What will happen on 9th May is unclear except for the fact that the Trust must produce a solicitor.

Mr. Gallacher’s lawyer has argued that the case should have been brought as a ‘Summary Cause of Count’ rather than as a Small Claim. So far as Mortonjag can see it matters not, so long as a decision is reached only after all of the evidence from both sides has been led and the numerous witnesses cross examined by the respective solicitors. 

WHAT MAY INTEREST THE GENERAL PUBLIC

The Trust membership  has not been asked for a mandate for this Court  action – purportedly brought on its behalf. It was DELIBERATELY hidden from them – the shareholders in the company.

Furthermore, those shareholders have been given no formal indication of the potential cost of this action – something which Mortonjag understands could ultimately be between £5,000 and £10,000.