SPFL Season declaration challenged legally (ongoing discussion)

[CammyF 8,115]

4 hours ago, der Berliner said:

The question remains: what are Hearts and Thistle looking for exactly? Challenging their "relegation" or indeed challenging the vote to end the season? If it is the former, I hazard a guess that somehow the court will leave it as it is.

If the rigged resolution had not been passed, Hearts and Thistle would not have been relegated. However as Bill said, their only motivation at this point in time is money.

 

Whether a win in court for them would be the catalyst for change to handing out of tainted titles and change to leadership in our game is anyone's guess.

 

A Hearts/Thistle compensation payout could be the trigger for a further court / legal case into the shambles that is governance of our game? 

[MacK1950 2,378]

At the end of the day no matter what motives are actually relating to the court case surely the main jist of the matter is showing the SPFL what they i.e. Doncaster  with his puppeteer and the rest are about?

[Gonzo79 15,294]

From a Rangers point of view, all I care about is getting the scummy element removed from the SPFL (and SFA, for that matter) decision making.

 

What happens to Hearts, Thistle or league reconstruction is of little interest.

 

I'm not hopeful.  Particularly in light of Doncaster's recent (almost comical) appointment with UEFA. 

[RANGERRAB 3,677]

54 minutes ago, CammyF said:

If the rigged resolution had not been passed, Hearts and Thistle would not have been relegated. However as Bill said, their only motivation at this point in time is money.

 

Whether a win in court for them would be the catalyst for change to handing out of tainted titles and change to leadership in our game is anyone's guess.

 

A Hearts/Thistle compensation payout could be the trigger for a further court / legal case into the shambles that is governance of our game? 

Hearts & Partick Thistle(between them) are looking for compensation of £10m but they know they have no chance of getting it because the SPFL don’t have that amount of money or anything like it. 

 

So if the court case goes ahead & the SPFL loses, the likely only way in which 

they’d drop their claim allowing them to avoid relegation would be to have the leagues declared null & void (assuming reconstruction is now a dead duck)

 

Sit back, grab a beer & watch the implosion ?

Edited June 28, 2020 by RANGERRAB

[craig 5,199]

On 28/06/2020 at 09:41, ian1964 said:

Dear all

A number of clubs have asked whether we can provide them with copies of the petition lodged by Heart of Midlothian PLC and Partick Thistle Limited naming The SPFL Limited and the companies owning the three promoted clubs (Dundee United, Raith Rovers and Cove Rangers) plus Stranraer FC Limited, as respondents in the action. Several clubs have also asked us to provide the answers (to the petition) that we lodged in court yesterday.

There is one set of answers for the SPFL and another joint set for the three promoted clubs. We and the three promoted clubs have been advised that there are sufficiently different interests between our respective positions that to lodge consolidated answers is not possible.

Unfortunately, we have also been advised that it would not be appropriate, and arguably unlawful, to make available to non-parties the litigation copies of the pleadings lodged in court. This includes the petition, the two sets of answers and the documents (ie productions), lodged in court by the parties.

We have been advised that such items, when lodged, become the property (or at least under the control) of the court and that parties to a litigation are not permitted, subject to potentially severe sanctions, to circulate copies of such material to non-parties.

If SPFL Member Clubs wish to receive copies of the documents lodged, then it would be necessary for each of them to apply to the court to become a respondent in the action and to lodge its own individual (or potentially joint) answers, or at least to formally associate itself with the existing answers of the three promoted clubs. If any Member is considering doing so, then it should contact Rod McKenzie and he will be pleased to advise on the required procedure and the options available.

It is appropriate to observe that copies of the petition are circulating (although not through any act or omission of the SPFL) reasonably openly on the internet.

There will be a first hearing in the Court of Session, provisionally scheduled for Wednesday 1 July at 11.00am. The principle issue for discussion at that hearing is likely to be whether the petition procedure in court should be sisted (suspended) whilst the issues in dispute are determined by the Scottish FA arbitration.

In other words "We can't legally provide them to you but it is easy to find them anyway"

[craig 5,199]

13 hours ago, RANGERRAB said:

Hearts & Partick Thistle(between them) are looking for compensation of £10m but they know they have no chance of getting it because the SPFL don’t have that amount of money or anything like it. 

 

So if the court case goes ahead & the SPFL loses, the likely only way in which 

they’d drop their claim allowing them to avoid relegation would be to have the leagues declared null & void (assuming reconstruction is now a dead duck)

 

Sit back, grab a beer & watch the implosion ?

If the SPFL loses and the season is declared null and void then football is absolutely doomed in Scotland anyway - because the 3 clubs who didn't gain promotion would then also be in court, and the liabilities to sponsors and TV companies would also be in play, again.

 

The SPFL, particularly Doncaster, Lawwell and the cabal, could and should have held off on calling the season - would be very interesting to see how much it would have cost to finish the season (PPE, testing etc) rather than call it (sponsor liabilities, court cases etc).

 

One thing that hasn't really been mentioned is that every SPFL Board member that voted to call the season seems to have failed in their fiduciary duty to the SPFL itself, as well as the Member clubs.  Heads should roll, but we know they wont...

[der Berliner 3,747]

... or they start play in August et al with the remaining games of the league campaigns, at least to determine relegation and promotion.

 

Europe would be a matter for certain clubs, the SFA, SPFL and UEFA to decide. Impossible? Well, the cup final will take place after the European places are decided anyway, so who knows. I also assume that next season's CL and EL will be a mess as well, given that no qualifiers et al will have taken place.

[Bluedell 5,627]

2 hours ago, craig said:

If the SPFL loses and the season is declared null and void then football is absolutely doomed in Scotland anyway - because the 3 clubs who didn't gain promotion would then also be in court, and the liabilities to sponsors and TV companies would also be in play, again.

 

 

Even if the SPFL lose, the season won't be declared null and void.

[the gunslinger 3,366]

12 minutes ago, Bluedell said:

Even if the SPFL lose, the season won't be declared null and void.

if they win and prove the vote illegal we can then sue for whatever we like. A new vote.. null and void. cash. 

 

if we please

[RANGERRAB 3,677]

18 hours ago, Bluedell said:

Even if the SPFL lose, the season won't be declared null and void.

So what does happen if the SPFL lose ?

Cant pay compensation and the reconstruction lifeboat has gone.

The reality is no one thought about the implications of calling the season early.