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by Louise Wilson
19 July 2021
Lord Advocate recuses herself from Rangers malicious prosecution cases

PA Images / Alamy Stock Photo

Lord Advocate recuses herself from Rangers malicious prosecution cases

The Lord Advocate has recused herself from any involvement in litigation surrounding the malicious prosecution relating to the sale of Rangers Football Club.

Dorothy Bain QC, who became Scotland’s top advocate last month, had previously offered advice on the case to law firm Duff and Phelps, which represented David Whitehouse and Paul Clark.

She had flagged the perceived conflict of interest upon her appointment.

Scotland’s solicitor general Ruth Charteris QC will now issue any instructions to the independent legal team and senior counsel advising on the cases.

A statement from the Crown Office added: “Arrangements have also been put in place to ensure that any allegations of criminal conduct in relation to these cases will be considered fairly and objectively, including the appointment of external senior counsel with no previous involvement.”

Whitehouse and Clark were appointed administrators when the company that ran Rangers went into administration in 2012.

They were arrested in 2014 but all charges were later dropped.

The two men went on to win a malicious prosecution case against the Crown Office, with each being paid £10.5m in compensation.

The total bill to the Crown Office comes to £24m once their legal expenses are added.

The former lord advocate James Wolffe has previously announced a judge-led public inquiry into the circumstances of their arrests.

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