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Rangers administrator sues lord advocate over asset freeze

David Whitehouse, of Duff and Phelps, was appointed to Ibrox oldco in 2012.

By STV News

Published 25 Aug 2017.

A director of Rangers administrators Duff and Phelps is suing the lord advocate over a move to freeze his assets.

David Whitehouse and Paul Clark were appointed to the former Rangers Football Club PLC in 2012 after owner Craig Whyte declared the business insolvent.

The Duff and Phelps pair faced a failed prosecution bid by the Crown Office in relation to the collapse of the Ibrox oldco, while Mr Whyte was found not guilty of fraudulently acquiring the club during a trial in June.

It has emerged Mr Whitehouse has launched an action against the top law officer in Scotland, which is believed to relate to a restraint order imposed on the Duff and Phelps managing director and his wife in 2015.

The ordinary action called at the Court of Session earlier this week.

Stuart Munro, Mr Whitehouse's lawyer, told STV News: "This action concerns a restraint order granted in December 2015.

"It would not be appropriate to say anything further at this stage."

Mr Whitehouse and Mr Clark previously launched civil suits against the Crown Office, the lord advocate and the chief constable of Police Scotland after the cases against them were dropped in 2016.

Further developments in those cases are expected later this year.

The Crown Office said it could not comment on ongoing legal proceedings.

Mr Whyte was the only person to stand trial over the collapse of Rangers as charges against the other six accused were dropped.

Last October, Police Scotland and the Crown Office were found to have "abused state power" in a raid on a legal firm as part of the investigation into the Rangers insolvency.

The High Court of Justice awarded £500,000 to Holman Fenwick Willan LLP after privileged documents not covered by a search warrant were taken.

Mr Whitehouse and Mr Clark are being sued by BDO, which was appointed as liquidator of Rangers oldco, in relation to the administration process.

The Duff and Phelps employees "fundamentally disagree" with allegations made against them and vowed to contest the civil action.