‘Turning now to my own intentions for my tenure as chairman, I am keen to refocus the trust on its core objectives and to get on with life in the wake of the Stars of 79 evening. I do not propose to dwell on that as it is almost certainly now irrelevant to the future of the Trust.
THE TRUST CHAIRMAN THINKS IT’S ALL OVER
‘The case will be over shortly. The summary on the blog is, as usual, riddled with both factual and legal inaccuracies as will become clear to everyone shortly. It is so wrong, that I seriously doubt if the advice it purports to interpret actually came from the firm of lawyers in question.’
THE TRUST CHAIRMAN’S SURE IT’S ALL OVER BECAUSE MORTONJAG’S SUMMARY IS ‘SO WRONG’ – AND HE SERIOUSLY DOUBTS MORTONJAG’S SOURCES!
Our ref: **/329681
Your ref: **/**c
BY FAX AND LP: 01475 731815
FAO ***** ******
Messrs Blair & Bryden
10 November 2011
Greenock Morton Supporters Society Limited t/a Greenock Morton Supporters Trust (“the Trust”) v James Gallacher
I refer to the above and to our recent telephone discussion…..
…..As you are aware, a third party has been paying for my client’s defence of the above action. That third party has agreed to underwrite the principal sum and the expenses of the action up to a capped value of £3,500. This sum will be lodged with the third party’s solicitor. In the event that a decree is awarded in favour of the Trust against my client, the third party’s solicitor will release sufficient funds up to the capped value to satisfy that decree on its presentation…..
…..If your clients are agreeable to this, I would propose that a minute of agreement be drafted to protect your clients’ position, and also to agree further procedure in the case. I should be obliged if you would confirm your clients’ position in that regard by 5.00pm on Friday 18 November 2011.
In the event that I do not hear from you before Friday 18 November 2011, I am instructed to prepare full written submissions…..
…..Thereafter, my instructions are to recall the sist and seek a further diet of proof be fixed. My client is entitled to defend what he considers to be a vexatious action.
My client has told me that your clients have been telling its membership that my client does not have capacity to continue in his defence. This is simply not true…..
…..the only apparent risks to your client are those associated with the litigation itself. I see no reason, unless your clients are no longer confident in their position, why your clients would object to the action being brought back to court.
I look forward to hearing from you.
This letter is written entirely without prejudice to and under reservation of our clients’ whole rights and pleas and neither the letter (nor any copy of it), nor its content, nor any attachments may be produced, exhibited, referred to or founded upon in any Court action or in any other proceedings except (a) with their express written consent or (b) at our clients’ instance.
Direct Dial: 0141 227 ****
Direct Fax: 0141 229****
WILL THE TRUST CHAIRMAN NOW PUT HIS 40 YEAR BEAN COUNTING REPUTATION IN JEOPARDY BY ACCUSING MORTONJAG OF FORGERY!