Scotland: Prosecutors make concession in Rangers case

Gerry Moynihan QC told Lord Tyre in the Outer House of the Court of Session on Friday that causation would not affect how much David Whitehouse and Paul Clark would receive in damages.

He told the remote hearing: “I have today – and I mean today – received instructions on an issue that the Dean of Faculty raised on the last occasion, which is the question of causation.

“In particular, whether dividing the first petition from the second petition and the indictments has any impact on the quantification of damages.

“My instructions are that it will not impact on the quantification of damages.

“The pursuers, both Mr Clarke and Mr Whitehouse, will be compensated on the basis of what I have already accepted - that they should not have been prosecuted at all.

“That is something I have only told my learned friends in the minutes before your lordship came on to this.

“It will obviously have an impact on the duration - particularly of a six-week proof.”

Dean of Faculty, Roddy Dunlop QC, for Mr Whitehouse, said “we should be careful not to allow the significance of what’s been said to be missed” following Mr Moynihan’s admission.

He added: “What we have this morning is a further concession, if I’m understanding the effect thereof correctly, meaning that the Crown accepts responsibility for their liability for the consequences of the prosecution against these gentlemen.”

Iain Ferguson QC, for Mr Clark, welcomed the concession.

Lord Tyre set a further procedural hearing for Tuesday September 29.