Westwater Advocates’ Ken McGuire successfully represented Dave King, Chairman of Rangers International Football Club Plc (“RIFC”), in defeating a challenge by Mike Ashley’s MASH Holdings Limited in the Court of Session against the decision of the Scottish Football Association (“the SFA”) to approve Mr King as a fit and proper person to be a director of RIFC. MASH’s petition for judicial review was dismissed and expenses were awarded in favour of Mr King and the SFA.
The SFA’s articles of association require the SFA to approve as “fit and proper” any person holding the position of director of a football club that is a member of the SFA. The SFA’s approval of Mr King was required because The Rangers Football Club Ltd (“Rangers”) is a wholly owned subsidiary of RIFC. The SFA approved Mr King as fit and proper to be a director of RIFC in May 2015. MASH, which is controlled by Mike Ashley and owns shares in RIFC, sought to challenge the SFA’s decision by way of petition for judicial review on the grounds that the decision was irrational and because the SFA had not stated reasons for its decision. MASH’s challenge was ultimately abandoned (and dismissed by the judge) but it argued that it should not have to pay the expenses of Mr King or the SFA in defending the challenge. After hearing submissions from counsel, the judge rejected MASH’s argument and awarded expenses in favour of Mr King and the SFA.
Ken McGuire, acting without senior counsel, represented Mr King at all stages of the proceedings. MASH was represented by Craig Sandison QC and the SFA was represented by Roddy Dunlop QC. Ken McGuire is currently instructed in separate ongoing litigation in the Court of Session on behalf of Rangers.