When no resolution was achieved in Morisons office on 6th August 2010, and civil action looked to be certain, solicitor Paul McNairney joked that Trust secretary and law graduate Chris McCorkindale would ‘have to get his gown out’.
That was because, as a ‘body corporate’, the Trust required to be legally represented in court. Chris and the TOADMEISTER fully understood that, but pig-headed blustering ‘forensic accountant’ Robinson arrived at Greenock Sheriff Court on 28th March 2011 fully prepared to blow Jim Gallacher’s case out of the water!
Sheriff Swanney – unlike the majority – saw right through him! Her Ladyship was having none of his ‘shit’, and poor Auld Nick’s face was a picture. The vastly experienced insolvency practitioner didn’t do tickings off, and almost tripped over his lip when she sent him packing, insisting that the Trust be properly legally represented. Wee Chris toddled along behind, fondly clutching the ‘forensic’ paperwork!
With the TOADMEISTER still in a huge ‘cream puff’ he began to fire off those idiosyncratic, secret, and totally unsolicited personal messages to non – Trust members in an attempt to obfuscate the truth. Here’s the ‘Fuhrer’ at his devious best:
‘I undertook a full forensic accounting review of the Stars night and my accounts prompted Mr Gallacher’s side to produce their own accounts.’
TUT -TUT, NICHOLAS! ONCE A LIAR – ALWAYS A LIAR!
‘A full forensic accounting review’ was quite an achievement for a common or garden Wemyss Bay bean counter with no forensic qualifications! The truth was that without access to Mr Gallacher’s accounts in the first place he couldn’t have undertaken ANYTHING!
Robinson simply took Dunco the Clown’s lies as Gospel and butchered J.G.’s accounts to suit his own purposes. An example of his meticulous professional objectivity was his allowing £600 to the Trust on Dunco’s ‘say so’ while denying Jim Gallacher six months’ telephone expenses just because he had no receipts! Such is fair play at TOAD CENTRAL!
TOADMEISTER griped on:
‘They do not want the evidence heard.’
In a few short months it became very clear which party ‘did not want the evidence heard’!
‘They do not want me conducting the case for the Trust’.
That was true. Paul McNairney had no desire whatsoever to cross swords again with the blinkered blustering bully who’d spilt tea over his office table the previous August, and in any case, a bean counter’s job is counting beans!
‘They want to up the ante to a higher court so that essentially the Trust has to put thousands of pounds at risk to get our case heard’.
FIBBING YET AGAIN – POOR AULD NICK JUST COULDN’T HELP HIMSELF!!
The Trust’s case was legally incompetent as a Small Claim because the Trust had failed to demonstrate a loss. As they wanted Jim Gallacher to account for his actions the appropriate hearing was a Summary Cause – a procedure which would have guaranteed full costs to the successful party. If the TOADMEISTER was so confident, what was he afraid of?
He wasn’t finished yet! Nick Robinson is a VERY bad loser!
‘We intend to argue that moving to a higher court is wrong and that not allowing me to speak for the Trust is a breach of European Human Rights legislation.’
That one had solicitor Paul McNairney in tears of laughter!
They did nothing of the kind of course, but Morisons’ application for a Summary Cause hearing was opposed, confirming that the Trust hadn’t the bottle to ‘go the whole way’, and the Sheriff allowed the action to continue as before.
The Trust’s solicitors were then informed that when the case finally came to ‘proof’ in November 2011 the defender would apply for dismissal on incompetence as raised. Paul McNairney had well and truly called the blunderbuss bean counter’s bluff!
With defences prepared and affidavits arranged, word on the street was that the Trust had been advised that ‘It had no case’ and was likely to lose in court on the incompetence issue.
It came as no surprise when Jim Gallacher received an email from the Trust secretary, seeking to join him in a ‘Chinky’ – ‘Just the two of us and nobody else will know anything about it’. Recalling the previous ‘friendly across the table meeting’ Jim took advice from his solicitor and the offer was declined.
The Trust appeared to have lost appetite for its action, and so an offer was made by Mr. Gallacher’s solicitor. If the Trust would publicise a full apology to Mr Gallacher in the local newspaper and on the various Morton websites, dismissal would be accepted with no costs due either way. Defence costs at the time were less than half the current level. The Trust was simply being asked to admit that it had got things wrong and that would have been the end of the matter.
THE OFFER WAS DECLINED. SOMEBODY WAS UNWILLING TO SAY ‘SORRY’ – CROAKETY CROAK!!
Meanwhile G.M.S.T. v Gallacher was being openly ‘debated’ on the Trust ‘forum’ – in reality a propaganda platform for TOADMEISTER & Co! The ONLY topic on discussion was the court case and if a thread became ‘uncomfortable’ it was closed on some vague ‘sub judice’ pretext – but there was no attempt to keep the following scurrilous posting sub-judice.
The TOADMEISTER could barely contain his joy and was coming in his pants at the serendipitous discovery of a way out of jail!
Re: Court case by Nick.Robinson » Wed Sep 28, 2011 7:45 pm
I don’t want to talk about all the ins and outs of the matter as it is still running in court. The calling on Monday is only a procedural hearing to allow Gallacher’s lawyers to submit revised defences, which they have not done so far. The full hearing remains set for 4 November but our solicitor will submit an application on Monday to have the case sisted i.e. put in abeyance pending the trust liaising with Jim’s trustee.
The fact that he has signed a trust deed (the second time he has done so to achieve debt relief) and did so shortly before court action started puts a whole new facet on the case. I will say that the court case would not have proceeded had the trust known he had signed a trust deed and that he has had many opportunities to tell us about it. I did check the register of insolvencies in November when I prepared the court papers but nothing showed until December and so we did not know of it when the case commenced. More later once I know the outcome of our application on Monday!’
THE PREVIOUS DAY NICK ROBINSON HAD SPENT OVER AN HOUR ON THE ‘PHONE TO MR GALLACHER’S TRUSTEE. HE WOULD HAVE DONE WELL TO HAVE KEPT HIS DEALINGS WITH ‘DEAR IAIN’ PRIVATE, BUT COULDN’T RESIST THAT VILE, REPREHENSIBLE, AND ENTIRELY UNNECESSARY PUBLICATION OF SENSITIVE PERSONAL INFORMATION – WHICH INCLUDED A
Mortonjag’s a stickler for double-checking facts, so clarification was sought from the Accountant in Bankruptcy.
WHY DID A VASTLY EXPERIENCED INSOLVENCY PRACTITIONER LOOK IN THE WRONG PLACE?
‘I will say that the court case would not have proceeded had the trust known he had signed a trust deed’
Mortonjag will say that somebody just told a HUMONGOUS WHOPPER!
Nicky Boy’s been well and truly ‘caught with his pants down’ but he STILL refuses to admit he did anything wrong, and those Trust committee clots continue to hang on his every word. They will learn!