FORMER Rangers chief executive Charles Green is to pursue "significant losses" after Scotland's most senior law officer admitted malicious prosecution of the former administrators of Rangers in connection with the collapsed club fraud case.

Mr Green says the public apology will come from the Lord Advocate claiming he too should never have been prosecuted.

A letter sent to Mr Green’s solicitors, Jones Whyte LLP of Glasgow, adds that damages will be paid.

The letter is addressed to Jones Whyte and is from The Scottish Government Legal Directorate, Litigation Division.

It is headed 'Charles Green v The Chief Constable. Police Scotland and the Lord Advocate.'

READ MORE: Scotland's top law officer admits malicious prosecution over Rangers fraud case

It comes after the Lord Advocate last week also admitted a breach of human rights in the investigation which has led to the former administrators conducting a multi-million pound damages claim to clear their names.

It came in a fast-tracked lawsuit by David Whitehouse and Paul Clark who are suing both the Lord Advocate and the Chief Constable.

Mr Whitehouse and Mr Clark, who were joint administrators at the Ibrox club in 2012 following its takeover by Craig Whyte, have been awarded a huge interim expenses award of £350,000 and £250,000 respectively by Lord Tyre.

Iain Ferguson QC for Mr Clark described the government's actions in pursuit of the men as "nothing short of a disgrace".


The case comes three years after former Rangers owner Craig Whyte, who was the last man standing in the fraud conspiracy case, was acquitted of taking over the club by fraud at the end of a seven-week trial.

Mr Whitehouse and Mr Clark from Duff and Phelps faced criminal proceedings with others, including Mr Green  in the wake of Mr Whyte's purchase of Rangers from Sir David Murray for a £1 and its subsequent sale before a judge dismissed the charges.

The letter to Mr Green's solicitor states: “I write to intimate that we are now in receipt of instructions on behalf of the Lord Advocate to attempt to negotiate settlement of the above action.

"The Lord Advocate intends to issue a public apology that Mr Green should never have been prosecuted. In addition damages will be paid. Our suggestion is that on production of properly vouched losses, quantum be addressed at mediation. These negotiations would be on the basis of no admission of liability."

Mr Green said:  “I understand the letter was received at approximately the same time as the two former administrators of Rangers, Messrs David Whitehouse and Paul Clark of Duff & Phelps received theirs. I was relieved to hear that The Lord Advocate of Scotland admitted in court that Mr Clark and Mr Whitehouse had been the victims of malicious prosecution by the Crown. I will be making no further comment.”

 Mr Michael McLean, a partner at Jones Whyte said: “The admission made by the Lord Advocate is without precedent. Our focus is now to quantify the significant losses suffered by Mr. Green relating to what has been a damaging, traumatic and stressful life event for him.”

Mr Whitehouse, of Cheshire, has brought a damages claim against the Lord Advocate James Wolffe QC and the former chief constable of Police Scotland, Phil Gormley, for £9m. Mr Clark, of Surrey, sued for £5m.

Their actions stemmed from their alleged treatment by the police and prosecution authorities.

It is claimed that at no stage was there any justification for their detention, committal or prosecution and that the Crown never had sufficient evidence for any of the charges it brought.

Mr Whitehouse and Mr Clark won a ruling from a specially convened bench of five judges at the Court of Session in Edinburgh last year that the Lord Advocate did not have absolute immunity from a civil damages claim in such circumstances.

It comes four years after London-based legal firm Holman Fenwick Willan, who were acting for Duff and Phelps, was awarded £500,000 costs after police and prosecutors were found by the High Court in London to have "abused state powers" by carrying out an illegal raid and seizing privileged documents in connection with the failed Rangers fraud case.

It emerged earlier this month that former Rangers director Imran Ahmad was to receive a public apology from the head of Scotland's prosecution service and significant damages after he was wrongly pursued prosecution on fraud charges.

He initially wanted £2m in damages but it is understood he is now claiming tens of millions of pounds.

In October, last year Scotland's senior judge, the Lord President, Lord Carloway, overturned a previous court decision that the Lord Advocate was immune from the legal action by Mr Whitehouse and Mr Clark.

"Privilege is not a defence to malicious prosecution," he said.