Carsons Army
Well-Known Member
Have seen this argued both ways. One way is that once the vote is cast, ie sent, then that’s it. Finito. However the media reported it at the time as stating they had 28 days to change their mind, which was taken as gospel by most. However it was argued quite quickly afterwards that the 28 day period related to how much time they had to vote after circulation of the resolution before the option to vote Yes had lapsed, and that is only worthwhile if 75% agreement has not already been reached.
Still not 100% sure either way what is correct, as the 28 days part is made in a separate bulletin point within the resolution, not clear to someone like me who is not fluent in legal jargon. I would be inclined to take Point 2 as final and totally separate from Point 3, but I think that word ‘Unless’ at the start of Point 3 muddied the waters a little bit. It can be found here:-
The SPFL rules for voting on their resolution
www.followfollow.com
See this is where it gets interesting, is it club or company.
Company law states a technical no vote (unsubmitted) as you dont submit a no vote can take 28 days to be submitted.
But the SPFL used their own adhoc system. They incurred a no tick box which is not normal.
Any submitted vote, cannot be changed. The motion fails aka Thistle QC.
Today the judge asked the promoted clubs QC what would happen if arbitration fails to satisfy the relegated clubs as the league has started!!
This is a ploy by the SPFL.. And the promoted clubs QC replied, the league would need to be halted!
This is a very good point by the judge. IMHO he has sounded out the SPFL over the timings. And knows it has been a time game (tactic). Time = pressure. And he may think that arbitration is of little use.
Also, the SPFL has indicated its a football matter to be resolved by football personnel. Yet they use ex legal heads to overlook.
Hearts QC has a night to get his case strengthened and to date there has been little evidence the petitioners have a losing case to fight against. The ball is in their court now, just dont go down stating a previous court ruling was wrong. Not a great way to attack.
Still think there is a strong chance the SFA might get a chance to resolve, but will hearts buckle? If not then let the public airing begin. Promotion clubs QC will not get his wish of a dismissive verdict. IMO
PS the judge asking spfl QC what had the governing body done on regards reconstruction, was also telling IMHO.