SPFL Season declaration challenged legally (ongoing discussion)

[MacK1950 2,399]

2 hours ago, Uilleam said:

To never forget how it feels to be relegated unfairly.

That's the way we felt since 2012,how we feel today and will in the future so now we push and fart against the wind but don't seem to be able to beat the "cabal"

[Franc Ergs 1,702]

Sneaky Pete's steamroller is heading for 9½ in a row , and nothing's going to get in it's way. 

[RANGERRAB 3,741]

The SFA are supposed to be the governing body of Scottish football. They have failed miserably today for hearts & thistle just as they failed us back in 2012.

[Uilleam 5,960]

Budge gets down with the fans; or something:

 

A MESSAGE FROM ANN BUDGE

27 July 2020

 

https://www.heartsfc.co.uk/news/article/a-message-from-ann-budge-1

 

By now, most of you will know that the SFA Arbitration Panel has found against us in our “unfair prejudice” challenge, following the relegation of Hearts, Partick Thistle and Stranraer, as a consequence of the early termination of Season 2019/20.

For those of us involved throughout this process, sadly once again, we cannot say we are totally surprised at the outcome, despite firmly believing in the power of the arguments and evidence we put forward.

I want to take this opportunity to thank our legal team, who despite the result, were quite simply first-class. They acknowledged from the outset that this would be an uphill battle, but nonetheless it was a battle we felt we had to fight. We could not simply sit back and accept the unfairness that was being meted out to us.

What has been allowed to happen in Scottish football, where fellow member clubs and our governing bodies have stood back and allowed totally disproportionate financial damage to be imposed on 3 of its members, can only be described as shameful… as indeed, should the SPFL’s recent self-congratulatory statement.

For too long, Chairmen and Owners have stood on the sidelines bemoaning the decision-making processes, the perceived lack of leadership, the lack of commercialism; the general shortcomings, as they see it, of Scottish football. However, if they really want things to change, it will take more than words. They will have to stand-up and be counted. 

We tried to do just that. Unfortunately, the very fact that we tried and lost, will cause many others to be even more wary. I can hear them now... “You can’t fight the rules; you can’t fight the establishment; we must support the centre.” Sadly, I see little cause for optimism that things will improve any time soon in Scottish football. I hope I am wrong.

My rant is over for now. While frustrated, disappointed and angry with much that has gone on over the last 4 months, we must now move forward. 

We will suffer serious financial losses as a consequence of losing this particular battle but we will survive and we will come through this stronger than ever. We have suffered a series of blows over recent months, but our spirit has never been stronger. We will continue to run our Club with honesty, transparency and integrity. These are the values we have always adhered to and we will continue to keep them front and centre of everything we do. 

We will also lead with strong financial management and importantly, with confidence. We look forward, once again, to celebrating a successful year, culminating in winning the Championship and getting back to where we belong. Robbie has done it before and with your support, we can make this a year to remember for the right reasons as well as the wrong.

I make these statements, confident in the support I know we will have from our incredible fans and sponsors. The messages of support that I, personally, have received throughout this enormously difficult period have been absolutely amazing. Let me say “thank you” to each and every one of you. I am sorry we did not win this battle but as we all know, it is winning the war that counts.

 

 

I think that Mrs Budgeand Hertz may have fought the wrong fight:

“unfair prejudice” challenge...

the unfairness that was being meted out to us....

totally disproportionate financial damage to be imposed on 3 of its members

are the phrases that give a flavour of the case presented.

 

Consider this,

For too long, Chairmen and Owners have stood on the sidelines bemoaning the decision-making processes, the perceived lack of leadership, the lack of commercialism; the general shortcomings, as they see it, of Scottish football.

The "general shortcomings"; really? 

It seems to me that everything -the unfairness, the prejudice to Club interests, the financial damage- flowed, and continues to flow, from this, although I would use a considerably less euphemistic phrase, and one which identified manifest fault beyond 

"the decision-making processes, the perceived lack of leadership, the lack of commercialism..."

 

Consider also that Budge and Hertz only entered the lists after some misbegotten quest to restructure the Leagues. Of course, in this they were played like Sneaky Pete's pedal steel, but it never seemed self evident that their desire for reorganisation was more than self interest, and whether 

"honesty, transparency and integrity"

were the guiding principles is at very least arguable. 

 

We are unlikely ever to know, but it does seem, and I stand, of course, to be corrected, that the Hertz, et al. case focused on the Clubs' specific narrow interests, and did not address the source of their grievances (the prejudice, the unfairness, their losses); namely, the heart of darkness governing Scottish Fitba', as a whole. 

 

 

A MESSAGE FROMich ANN BUDGE

 

 

[compo 7,216]

Does anyone know exactly who were the persons making up this panel , this so called independent panel  .

[Gonzo79 15,299]

22 minutes ago, compo said:

this so called independent panel  .

The SFA arbitration panel was a QC picked by Thistle, another by Hearts and one picked by the authorities.  Of all the things needing looked at, I'd say that's fairly low on the list.

[compo 7,216]

3 minutes ago, Gonzo79 said:

The SFA arbitration panel was a QC picked by Thistle, another by Hearts and one picked by the authorities.  Of all the things needing looked at, I'd say that's fairly low on the list.

Looks like Hearts and the jags picked the wrong ones then ??

[Uilleam 5,960]

37 minutes ago, Gonzo79 said:

The SFA arbitration panel was a QC picked by Thistle, another by Hearts and one picked by the authorities.  Of all the things needing looked at, I'd say that's fairly low on the list.

I think that the SPFL selected an arbitrator, Hertz/Jags selected an arbitrator, and that these two selected/appointed, by agreement, a third arbitrator to chair the panel.

The arbitrators all had to come from an SFA standing list of arbitrators, and Lord Clark demanded (more or less) that the panel comprise of experienced lawyers.

It is not clear how many or how wide the choice was. 

[RANGERRAB 3,741]

Hearts & Thistle between them picked one of the three panel members.

The SPFL picked another.

The two already selected picked the third.

[Gonzo79 15,299]

13 minutes ago, Uilleam said:

It is not clear how many or how wide the choice was. 

I wasn't aware of that aspect of the process.  It'd be interesting to find out.