An investment fund that served as a creditor to former owners of the Liverpool Football Club avoided being outscored by its opponent last week when an appellate panel found that it properly alleged a $70 million breach of contract claim against the competing lender that provided additional loan financing.

Mill Financial sufficiently alleged that Royal Bank of Scotland breached a 2008 tri-party intercreditor agreement that memorialized the parties’ rights as creditors holding security interests in the English Premier League team, an Appellate Division, First Department, panel held Thursday.