Mortonjag has carefully studied correspondence from Mr. Gallacher’s solicitor and the position would appear to be thus:
Jim Gallacher does not owe the Trust a penny. His solicitor made the position crystal clear to the Trust’s counterpart well over a year ago. The much vaunted DEBT does not exist, and he is and has been under no obligation to disclose anything to ANY party – least of all to the Trust.
The Trust ALLEGES that Jim Gallacher is responsible for a deficit in the ‘Stars of ‘79’ finances. They have failed to prove that. Should they succeed in demonstrating a deficit in court they will still have to convince a sheriff that Mr. Gallacher is solely responsible. That is unlikely to happen.
IRONICALLY, THERE IS A PROVEN DEFICIT IN THE ‘STARS’ FINANCES – THAT IN RESPECT OF SEAN DONNELLY’S TICKET INCOME. Mr. Robinson the Trust accountant has confirmed that in writing, but the Trust has chosen not to pursue its ex-director.
The person acting for Mr. Gallacher has intimated in writing to his solicitors that he has no interest in the court action, leaving the legal position perfectly clear. In the absence of demonstrable debt the former has acted entirely appropriately and is at liberty to defend the action.
The person acting for Mr. Gallacher will adjudicate only on proven debt. That proof is the function of the Sheriff who will hear the action brought by the Trust.
The Trust Accountant and Secretary are perceived to have acted inappropriately by publicising personal information in the full knowledge that there is no proven debt. The conduct of the former throughout this long running matter is likely to become the subject of a formal complaint to his professional body.
Mr. Robinson has argued that should the Trust win, it will be unable to recover its ‘costs’. That is not so. A kind hearted third party has put up £3500 to cover the principal balance and costs in the event that the Trust is successful.
Given a favourable verdict, prospects of recovery are certain, and with that in mind, it is now in everyone’s interest to have the sist recalled immediately to allow the proof to be heard before a sheriff .