Under scrutiny by his supervisory body, the Trustee invalidated Nick Robinson’s flawed claim on Jim Gallacher’s Trust Deed.
He stated that it should never have been on the creditors’ list because of absent evidence, he claimed that he had originally made an ‘error’ in favouring the G.M.S.T., and he confirmed to the Accountant in Bankruptcy that he had ‘discovered his error’ after undertaking further investigation when the A.i.B. became involved.
On 12th March 2012, Sheriff Herald had honoured the Trust’s solicitor’s request that the court defer adjudication to the Trustee, and the court action was frozen to await his decision.
On 26th April 2016, the Trustee formally confirmed that the G.M.S.T. was not a creditor. He cited lack of evidence adding that had the same claim been submitted a second time it would have been rejected.
AS THE TRUSTEE’S DECISION WAS BINDING ON ALL PARTIES, THAT ADJUDICATION KILLED THE CIVIL ACTION STONE DEAD, AND NICK ROBINSON’S PERSISTENT CITATION OF INSOLVENCY LAW MAKES HIM LOOK VERY FOOLISH.
Jim Gallacher’s solicitor then applied to court for a decree in his favour along with an award of costs to which he was contractually entitled. That should have been a formality, but a full year and TEN court hearings later when Jim finally got his decree, having perforce incurred a further £3000 in legal costs, he was denied his rightful expenses.
That inequitable travesty of justice was the direct result of the criminal activities of Greenock Morton Director and Wemyss Bay Insolvency Practitioner Nicholas Robinson.
The decision is currently under review by the Sheriff Appeal Court which has been asked to consider – inter alia – the fact that SHERIFF HALL RELIED UPON FALSE INFORMATION SUPPLIED TO THE COURT BY MR. ROBINSON.
Robinson also misled the Trust’s solicitor, claiming that as Trust Chairman he had ‘full delegated authority’ when he had merely been assigned liaison between the committee and the solicitor. When he unconstitutionally ‘took over’ in 2011, nobody dared to argue!
Robinson has lied to the Trust committee, the solicitor, the Trustee, and a court of law, Mortonjag has previously published ample documentation to confirm those facts, and the following details further expose the Morton F.C. director as a disgrace to the Club and to his profession.
When the case resumed in June 2016, dismissal had provisionally been agreed between the solicitors. Only the level of costs due to Mr. Gallacher was disputed, but when the matter came to court the ‘goalposts were moved’ when the Trust’s solicitor insisted on a full hearing of evidence ‘to determine the merits of the action’.
The Trustee had examined the evidence and invalidated the claim, but Sheriff Turnbull, who was not ‘up to speed’, agreed to that full hearing, thereby creating a ‘loophole’ for the pursuer.
The rationale was to ‘buy time’, run up Jim’s legal costs, and hope that he would eventually ‘give in’, as explained to Mortonjag by an experienced Greenock court solicitor who is acquainted with the action.
Protracted negotiations, two incidental applications which contained misinformation, and a total of TEN hearings delayed dismissal in Jim Gallacher’s favour until May 9th of this year. Robinson was solely responsible.
In June 2016, and later in October, citing irrelevant insolvency law, he attempted to implicate Jim in wrongful ‘non-disclosure’ of his Trust Deed, when the latter had acted properly and at all times on legal advice! Robinson, on the other hand BLATANTLY LIED to the court about the ‘due diligence’ which he had failed to undertake on behalf of the Trust.
He also stated that Jim had acted dishonestly or with gross negligence during the ‘Stars of ’79’ event despite the findings of Strathclyde C.I.D. and the Trustee.
In the public realm that would have been defamatory
The following exchange of email between the solicitors relates to Robinson’s £5,000 offer to drop the action provided a ‘confidentiality agreement’ was signed!
Nico the Clown was once again gambling with the members’ money in an attempt to cover his criminal culpability, but remained too arrogant to say ‘Sorry’ and Jim Gallacher was not interested in his ‘hush money’.
FURTHER NEGOTIATIONS WERE INVITED ON THE BASIS OF AN APOLOGY BUT THAT WAS FLATLY REFUSED.
Irrespective of the outcome of the appeal on expenses, there remains a serious concern about a qualified insolvency practitioner wilfully supplying false information to a Trustee and court of law in a hitherto successful attempt to alter the course of justice.
Trust Chairman Allan Feeney and his committee are apparently ‘in denial’ of the stark reality of the current situation and despite repeated promises have kept the membership in the dark. There is STILL no sign of this year’s A.G.M. – already almost one month overdue. Does this herald a repeat of the 2015 fiasco when ‘they never seemed to get around to it’?
A substantial sum of money was ‘offloaded’ to the Club during the appeal ‘window’ despite the fact that the Trust still faces a potential award against it. On whose authority was that done, and has the Trust committee made provision for a £21k bill?
Do Chairman Feeney and his committee endorse Robinson’s criminality? If they do not, appropriate steps should be taken on the members’ behalf without further delay.