League Reconstruction


Jamie_Beatson
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42 minutes ago, south inch said:

Hearts'  QC has presumably advised that they have little or no chance of directly imposing reconstruction through court action.  So their action challenges the SPFL's resolution of the Covid crisis on the grounds that it changes the rules on promotion and relegation.  The solution their challenge proposes is to cancel the relegation of Hearts and as a consequence deny Dundee Utd promotion.  (And so on down the leagues.)

Obviously, this too changes the rules on promotion and relegation and will be seen as a somewhat contradictory argument.  In effect they are suggesting the 19/20 league season be declare null and void but without cancelling the award of championships or financial pay outs.  To me that sounds a ridiculous case but I'm not a QC and Hearts' advisor is.  He must think the Court will reject this argument but direct the SPFL to consider compensation.  Whether the Court would say anything about the amount of compensation is another matter but you can then see the SPFL going into panic mode and reconstruction will be back on the table.

Indeed the SPFL might panic before it goes to court, who knows.  On the other hand their QC advice might be to tough it out and if he or she is right Ann Budge will be down several hundred thousand quid. 

Dundee United , Raith and Cove have alerted their Leagle Eagles in respect to the action taken by Hearts and Partick.

Who needs Messi when we have MESSY?

Apparently the Q.C. rep. for Partick was involved as a junior Q.C.the last time Partick went to court and lost.

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15 minutes ago, Stumpy1966 said:

Confirmed as new Hearts manager.

Be interesting to see how they manage to spin paying compensation for a new manager while at the same time asking players to take wage cuts. As for Nielson - has to be one of the dumbest moves in ages.

Edited by templeofsaints
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  • 5 weeks later...
On 6/19/2020 at 5:07 PM, Broggy Man said:

I just can’t remember where I read it but I’m sure I did that if clubs use law courts to sue the association they will be kicked out and lose there registration I could have dreamed it but I thought they had to use the court of arbitration 

SFA rule 78 - states "No Member or Associate Person shall take a dispute which is referrable  to Arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99".

Article 99 has the added "except with prior approval of the Board".

The Board have the power to impose punishment ranging from £500 fine to expulsion from the leagues and Association,

Both Clubs have been issued with a Notice of Complaint by the S.F.A. for breaching article 78, which poses the question, if they win their Court case and are awarded £10m ? and are re-instated to the Premiership ( in Hearts case) , what good would that do them if they were then found guilty of breaching Article 78 and were Fined the maximum by the SFA.

(Highly unlikely I know,  that they will receive the maximum, but still possible, within the Governing bodies rules)

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1 hour ago, mainstand said:

The BBC were saying they may now be faced with the bill. It will be interesting to read what Tom English and his cronies who have backed Hearts all the way say about it.

Tom ‘fu*****’ English. I can’t stomach that guy. Where the f*** did he appear from anyway.

Just popped up one day claiming to know anything and everything about Scottish football and how we “should” be doing things. 
 

Absolute rent-a-gob. Big Tommy was not a fan in no uncertain terms so that’s enough for me.

Edited by R.B.B:- Adz
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Certain amount of disquiet on the Hearts' websites.  Wee bit sorry for Budge, she did paint herself into a corner but plenty of Hearts fans were only too happy for her to do so, now quite a few are turning against her.

Glad to see from some of the posts above that I am not the only one who thinks Tom English is a pain in the bahoukie who has little to contribute to a discussion other than to shout louder than the other participants.

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7 hours ago, Cagey said:

They think its all over. It is now.

Hope there is no compensation & Budge to pay costs.

Hootsman article previous to this outcome , stating that if their appeal failed,  the clubs would be looking for £10m compo.

Also it's not quite over as far as the 2 clubs are concerned, they still have a Notice of Complaint to respond to regarding a breach of Article 78.

The hearing is due to be held on 6th Aug.2020.

Worst punishment is expulsion from the association. 

Roll on 6th Aug.

 

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47 minutes ago, HOODLUM65 said:

Hootsman article previous to this outcome , stating that if their appeal failed,  the clubs would be looking for £10m compo.

Also it's not quite over as far as the 2 clubs are concerned, they still have a Notice of Complaint to respond to regarding a breach of Article 78.

The hearing is due to be held on 6th Aug.2020.

Worst punishment is expulsion from the association. 

Roll on 6th Aug.

 

No - if their appeal SUCCEEDED, they wanted reinstatement OR £10m compo. They ain’t getting either.

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9 hours ago, HOODLUM65 said:

Hootsman article previous to this outcome , stating that if their appeal failed,  the clubs would be looking for £10m compo.

Also it's not quite over as far as the 2 clubs are concerned, they still have a Notice of Complaint to respond to regarding a breach of Article 78.

The hearing is due to be held on 6th Aug.2020.

Worst punishment is expulsion from the association. 

Roll on 6th Aug.

 

Probably end up wae points deduction.if they dont throw them out.

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1 hour ago, sixties saintee said:

Probably end up wae points deduction.if they dont throw them out.

Its an SFA charge so they can't give them a points deduction, as, technically, the league is a SPFL competition. 

All they can do is fine them, remove them from the Scottish Cup, or revoke their membership (which would remove them from the league system).

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9 hours ago, Abernethy Saint said:

No - if their appeal SUCCEEDED, they wanted reinstatement OR £10m compo. They ain’t getting either.

Are you sure on that Abernethy? I thought they wanted either compensation or £10m comp for relegation. From what the SPFL statement said it looked like they were separate. 

Doncaster getting it in the neck on twitter for saying that he is glad he has been vindicated and that the ruling was comprehensively in SPFL favour. Don't actually see what is wrong with that they guy has been ridiculed and abused by some fans for the last few months think he has every right to do a good old GIRFUY salute. 

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19 minutes ago, mainstand said:

Are you sure on that Abernethy? I thought they wanted either compensation or £10m comp for relegation. From what the SPFL statement said it looked like they were separate. 

Either way, they cannot now win compensation. 

The only outstanding case is against Hearts and Partick for breaching SFA rules.

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36 minutes ago, mainstand said:

Are you sure on that Abernethy? I thought they wanted either compensation or £10m comp for relegation. From what the SPFL statement said it looked like they were separate. 

Doncaster getting it in the neck on twitter for saying that he is glad he has been vindicated and that the ruling was comprehensively in SPFL favour. Don't actually see what is wrong with that they guy has been ridiculed and abused by some fans for the last few months think he has every right to do a good old GIRFUY salute. 

I think I’ve got it right. The panel ruled the League had acted appropriately, so what would be the basis for a compensation claim? Furthermore, it seems likely that costs will be awarded against them: this wouldn’t be the case usually if they had won anything. The compo thing arose because it was recognised that it might not be practicable to reverse the relegation decision once the season started, so money instead. But hey lost the case. It was always a nonsense, because as I’ve repeatedly said, the system is well used to accelerating cases to stop one side using deadlines to win by default. There was never any possibility of the season being delayed, the new season voided, or compensation being paid (least of all because the other clubs would have had to pay it). If they had won the case, the League would have re-promoted them. Costs are said to be around £100,000. Budge, who has done some great things, has really fecked up here.

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11 hours ago, Abernethy Saint said:

No - if their appeal SUCCEEDED, they wanted reinstatement OR £10m compo. They ain’t getting either.

Not the way it was printed in the daily rag, hence the way I posted. Did have to read it twice.

Was it not compo for being relegated?

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1 hour ago, Abernethy Saint said:

 Costs are said to be around £100,000. Budge, who has done some great things, has really fecked up here.

Don't agree, i think Budge knew from the start she was on a loser but had no choice but to pursue the matter to keep her fans happy, not to mention falling over themselves to contribute to the costs.  In the Hootsmon today she thanks her legal team and included is a telling phrase "They acknowledged from the outset this would be an uphill battle, but nonetheless it was a battle we felt we had to fight".

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