Lord Advocate faces ECHR challenge over detention of Rangers administrators
Ex-Rangers administrators David Whitehouse and Paul Clark have failed in the civil claim against the Lord Advocate for wrongful detention over allegations of fraud, The Herald reports.
In the Court of Session, Lord Malcolm ruled that there nevertheless remains a case to be answered under the European Convention on Human Rights.
The Duff and Phelps pair faced criminal proceedings following Craig Whyte’s takeover in 2011 of the club from Sir David Murray and its subsequent sale before charges were dismissed.
They are suing James Wolffe QC and former Police Scotland Chief Constable Philip Gormley.
Mr Whitehouse seeks £9 million and Mr Clark more than £5m.
They were detained in November 2014 and then charged by police looking into Mr Whyte’s takeover of Rangers.
Lord Malcolm rejected the Lord Advocate’s call to dismiss any claim relying on article 8 of the ECHR, respect for private and family life.