By the summer of 2011 it was acknowledged informally by the G.M.S.T.’s solicitor that the action against Jim Gallacher was destined to fail, and that the Trust was agreeable to dismissal on a ‘no costs’ basis.
As Jim’s financial backer primarily wanted justice to be seen to have been done, he agreed to write off his outlays if Jim was publicly exonerated. The sum involved was in excess of £10,000.
‘The Trust’, or to be more precise. Nicholas Robinson C.A. flatly refused any form of apology. Instead he insisted on a ‘confidentiality agreement’, which, in the light of recent revelations on this blog, will come as no surprise to Mortonjag’s readers!
With a hearing of evidence looming, that left said ‘Trust’ in something of a quandary until, near the end of September, the beleaguered Wemyss Bay bean counter ‘uncovered’ Jim Gallacher’s Trust Deed. Unable to contain his relief, he splashed details all over the public Trust forum in a shocking abandonment of I.C.A.S.’s code of professional ethics.
ROBINSON CHOSE TO IGNORE ENTIRELY THE FACT THAT JIM GALLACHER WAS NOT INDEBTED TO THE G.M.S.T. THAT WAS A CRITICAL ERROR.
Using professional knowledge and authority he then proceeded to mislead the Trust’s solicitor, while incepting a reprehensible scam, which involved an unsubstantiable claim on Jim Gallacher’s Trust Deed. That claim was ultimately removed from the creditors’ list after the Accountant in Bankruptcy intervened.
Jim’s Trustee ruled from the start that the G.M.S.T. was free to progress its action. He simultaneously confirmed that the sole item of ‘debt’ listed in the Trust’s claim was nothing of the kind. NO DEBT EVER EXISTED!
He later spoke to Jim Gallacher’s solicitor in terms of the action proceeding –
– and in this letter the situation was spelled out very clearly.
THE TRUSTEE RULED THAT THE G.M.S.T. WAS AT LIBERTY TO PROGRESS ITS ACTION IN COURT.
Robinson ignored the Trustee’s ruling and the opinion of the legal insolvency specialists at Harper Macleod LL. P. He repeatedly LIED on the Trust forum, claiming that Jim’s Trust Deed precluded a further hearing of the action, and that Harper Macleod’s advice was ‘nonsense’. He also LIED to Mr. Harvey of Blair & Bryden LL.P., on the basis that Jim Gallacher was a debtor which he was not!
The ‘vastly experienced insolvency practitioner’ then claimed that if the Trust ‘won’ in court, it would be unable to recoup expenses because of the Trust Deed, and so Jim’s backer put up a bond of £3,500 which was more than sufficient to guarantee full expenses. Harper Macleod’s insolvency specialists had checked details before the Trustee confirmed that everything was in order.
The bond was rejected! Robinson was seemingly DESPERATE to avoid that hearing of his very own evidence, and his ‘reasoning’ was the stuff of farce!
No matter what Harper Macleod’s insolvency specialists had concluded, and NO MATTER WHAT JIM’S TRUSTEE HAD RULED, Thick Nick’s very own version of how insolvency law applies to NON DEBTORS was purveyed to Blair & Bryden, and the court was persuaded to await the Trustee’s adjudication. Having been guaranteed up to £3,500, ‘The Trust’ had opted for a projected dividend of £200 – £300 at best!
NICK ROBINSON WAS TERRIFIED TO LET HIS OWN ACTION ANYWHERE NEAR A COURT OF LAW! MORTONJAG’S READERS MAY ALREADY HAVE CONCLUDED WHY THAT WAS SO!