‘Concern’ for Rangers as McIntyre pushes club’s frozen assets to £3m

The ruling takes to more than £3 million the amount which has been ringfenced as security to cover claims against Rangers by the taxman and two members of the Ibrox board who have left since a takeover by Craig Whyte earlier this year.

Rangers – who yesterday withdrew “all co-operation” with the BBC over what it claims is a “negative attitude” towards the club – did not even turn up at the Court of Session in Edinburgh to contest Donald McIntyre’s application for an arrestment order.

It was granted by Lord Hodge, the same judge who last month had frozen £480,000 at the request of Martin Bain, the former chief executive, and had said there was a “real and substantial risk” of insolvency if HM Revenue and Customs won a case against the Scottish champions.As he left court, McIntyre, 52, said: “I think Lord Hodge’s decision speaks volumes, as does the fact that Rangers did not turn up to defend the case. I am sad at the current circumstances at the club, and I am concerned for the club.”

He declined to elaborate on his “concern”.

Only 24 hours earlier, club legend John Greig and former chairman John McClelland had stepped down as non-executive directors, citing exclusion from club affairs following the takeover.

Whyte paid a nominal £1 to succeed Sir David Murray as owner in May, and Bain and McIntyre were suspended. Both have subsequently resigned – McIntyre only last week – having deemed their contracts to have been repudiated, and have raised actions against Rangers. Bain is suing for £1.3 million, and McIntyre is claiming £300,000.

HMRC has two cases against Rangers. One involves £4.2 million, and an arrestment for £2.3 million has been allowed in it. The second totals £49 million, and was the claim to which Lord Hodge attributed a real and substantial risk of insolvency, were it to go against Rangers.

In yesterday’s hearing, Stuart Buchanan, for McIntyre, said Rangers had been given formal notice of the hearing but the club had indicated they would not be appearing.

McIntyre’s claim was mainly for breach of contract and the loss of his £120,000-a-year post, but he also sought compensation for damage to his reputation because of the suspension.

“His position is that there is not and never has been any basis for the suspension. Any assertions made against him are completely unfounded, from his perspective. It is a matter that has given great anxiety to him,” said Mr Buchanan.

“Mr Whyte spoke personally to Mr McIntyre back in May to say the matter in relation to his employment would be resolved quickly. We have no knowledge of anything happening at all.”

McIntyre had provided the club with the names of seven people he believed could help in any inquiry into his conduct. They included former owner Murray, Greig and McClelland. He understood that none of the seven had been approached.

“This is a professional man, a chartered accountant suspended from his position as finance director, who has made every effort to co-operate with Mr Whyte and every effort has been rebuffed. He has been kept hanging for five months for some sort of progress to be made to clear his name, but that has never happened,” added Mr Buchanan.

“Effectively, he was kept on a hook, waiting for something to happen. He repeatedly made enquiries about progress in relation to any investigation and disciplinarly matters... there has been no response at all. It has been reported that he had been suspended, that there was no way back for him and that he was ‘finished at Gers’, but it has all been done at a distance through the press.”

Lord Hodge said the circumstances of McIntyre’s application for an arrestment order were broadly similar to those put forward by Bain, and the judge was satisfied that another order should be granted. “I consider the sum of £300,000 to be not unreasonable,” added Lord Hodge.