The BBC has reported the outcome of the One Stop Roofing v Tixway UK Ltd case.
Mr Whyte has been unsuccessful and his company Tixway UK Ltd has been ordered to pay One Stop Roofing the full sums claimed. A later hearing will assess who pays the costs of the case, but these will probably be awarded in their entirety against Tixway UK Ltd.
In a case where credibility of witnesses was to be the deciding factor, it appears that Sheriff Ross has been left in no doubt as to the position.
“I accept the evidence led by the pursuer (One Stop Roofing) as credible and reliable, and supported by the available documentation.
“I reject the evidence of Mr Whyte as wholly unreliable.
“It is not possible to ascertain whether he is not telling the truth or is simply unable to recollect the true position, and has convinced himself that this arrangement is something that he would not have entered into.
“Either way, his evidence is contradicted by virtually every other piece of evidence.”
The Sheriff went on to say that Mr Whyte’s firm Tixway had “offered its own credit rating to allow cover for the supply of large volumes of materials to Snowcast”.
He said this was “subject to a high degree of control by the defender over Snowcast and an understanding between the defender (Tixway) and Snowcast that Snowcast would make payment for those materials”.
Sheriff Ross concluded: “As a matter of legal liability, however, the defender remains the principal obligant.
“There is no dispute as to the sum outstanding, nor that it was properly incurred, and I accept the total brought out by the pursuer’s figures.”
The problem of course for Tixway UK is that Snowcast is in liquidation.
The Sheriff’s judgment could not really be more damning and must be of concern both to Rangers supporters and to the wider Scottish football community.
The SFA investigation into whether or not Mr Whyte is a “fit and proper person” to be involved in running a football club is continuing.
The only silver lining for him is that, if you squint hard enough at the decision, he will not, despite what the BBC suggested, be investigated for any alleged perjury.
However, that is on the basis that either (a) he was telling lies or (b) he had convinced himself that a version of events found not to be true was in fact true.
Sich a finding is probably even more damaging for his overall credibility than one which condemned him as an out and out liar.
As far as judgments go, this is akin to condemning Mr Whyte as a fantasist or Walter Mitty character.
Many wondered why a hugely successful businessman, with such a high profile, would risk his reputation in court like this over the comparatively small matter of £90,000.
If he had convinced himself that his alternate reality was true then that might explain it, but bearing in mind the comments from his spokesman whan the action was raised, namely that all the bills had been paid, this suggests that Mr Whyte’s alternative reality changed as the case continued.
His company can still appeal. However, Tixway UK would need to show that Sheriff Ross made a decision no reasonable Sheriff would have as regards credibility. Sheriff Ross is an excellent judge, and I have no doubt that his decision will be legally watertight.
There is not going to be a successful appeal in this case.
Will Mr Whyte come out all guns blazing looking to rally his dwindling band of supporters round him?
Or will this decision rip from him the final shreds of credibility he might have retained.