Duff & Phelps begins £25m action against Crown Office

The New York-based multinational claimed it suffered loss of earnings as two of its employees were maliciously prosecuted over their role in the collapse and sale of Rangers.

David Whitehouse and Paul Clark, who had the job of managing the club’s finances in February 2012, have already won £21m in damages from the Crown Office as well as an apology for a “very serious failure in the system of prosecution” from the Lord Advocate. In total, £30 million has been paid out to settle claims made by a number of businessmen.

Dean of Faculty, Roddy Dunlop QC, will represent the company in the Court of Session. The firm believes it has lost significant earnings since the wrongful prosecution.

Former Lord Advocate, James Wolffe QC, has advanced an “entitled to sue” point which states: “Is the misfeasance actionable by the pursuer.”

Mr Dunlop said: “What the defendant is getting at is, well, we didn’t prosecute you Duff and Phelps so, so where’s the beef. The question is can a party, who was not itself prosecuted, but who offers to prove significant reputational damage from a prosecution that was [it is claimed] itself misconduct in public office, does that party have title, is that actionable?”