Carlton The Bear
Well-Known Member
Ouch, section 21 is a bit of a slap in Moynihan and the SPFL’s chops as well.,
The BBC and the tabloids will already be spinning it as Hearts and Thistle " losing ", when there's a lot of mileage in this corruption left to run.
Hearts & Thistle case goes to arbitration
Hearts and Partick Thistle have lost their fight to have their respective relegations overturned by the courts - but say they will "pursue the same outcome in a different forum".www.bbc.co.uk
They have been told to go to arbitration with the caveat that it can come back to court.I have no idea what has happened anyone able to explain
They have been told to go to arbitration with the caveat that it can come back to court.
The proposal from the promoted clubs to chuck the case out was defeated.
The SPFL/SFA have been told terms in which panel members can be appointed.
Discovery of related documentation has been granted.
I think this is a summary, others can feel free to add/correct. To me, it’s not the full victory for Hearts/Partick that an open court case would have been, but it’s definitely something they’ll be happier with than the SPFL/SFA. I think the judges comments would be that he had sympathy for them but was bound by law to arbitration but has made it harder for the SPFL/SFA to gerrymander that result.
An “away goals draw” for Hearts/Thistle in my opinion today.
They went to court who did not make a final decision asked for openness and all evidence to be made available to see if arbitration can take place. If not back to court Hearts and Thistle can expect a few big glamour friendliesI have no idea what has happened anyone able to explain
I’ve added a word to your post which is the entire reason for this shambles from day one. I don’t know how legal disclosure works enough to know if it becomes public domain for sure, but I would doubt it. They really really didn’t want disclosure and that would make you wonder, eh?Surely all member clubs will be granted access to these SPFL documents once the arbitration case is over ? The SPFL Executive [selectively] represent the clubs, when all is said and done ?
Bring back the furloughed staff then fuckfaces"would take too much time to put together"
Seriously ?
School boy defence - 'wheres your homework Neil ?'.
Oh theres so much of it, I left it at home
"Well go get it"
Oh, for fucks sake !
I’ve added a word to your post which is the entire reason for this shambles from day one. I don’t know how legal disclosure works enough to know if it becomes public domain for sure, but I would doubt it. They really really didn’t want disclosure and that would make you wonder, eh?
Tomorrow’s Keech Jackson article should be amusing. A direct insight into the level of panic in Lawwell’s cabal. Prediction - ‘Armageddon’ - ‘season start could drag on till Christmas. For the survival of our game Hearts and Thistle must withdraw their case.’
did I not see above that the judge threw out the sfa list ? Prob end up with 1 hearts, 1 sfa and 1 not on the sfa list but not picked by hearts
Lord Clarke seems to have made an exception in this case. Looks as if he thought that Hearts were in the right but needed to go through all the motions so that the SPFL don't have any legal reason to appeal.
Yes that’s true I think , but someone did lose . Dundee Utd , Cove and Raith .Hearts and thistle did not lose. The bbc are misleading people.
Nobody won today.
If I read that right it's well done to Hearts and Partick for getting what Rangers wanted.
If this comes back to court, would Lord Clark be the judge for the case or would it be someone else?
They have no money
I hope Hearts and Thistle have a plan B, C, and D.
If they haven’t discovered yet, there is no turning back now, and no giving up.They have few friends anymore, something we know all about!
They are now between that rock and a ‘heart’ place.
There will be no justice in their own country, there is no stomach for judges to really get into this.This case needs to go to CAS.End of.
Where’s James Anderson and co. when you really need him?
Yes . Lord Clarke is re-writing sfa articles here isn’t he . They are clearly unjust and that’s by a QC who by the sounds has only peeked at that one Article 99 .I saw lots of stuff above, which in typical FF fashion, was mostly inaccurate. Lol.
Having said that, at the time of my post I was referring to the SFA's set procedure. However, I now believe you are correct, in that the Judge has made specific references as to how the Arbitration should be constructed, which differ from those contained within the SFA's Articles of Association, which I was referring to.
I think it probably would be Lord Clark again. However, with him having directed that the arbitration panel be headed by someone with a minimum 10 years experience as a Judge/QC/Advocate I suspect that unless a gross error of law at the tribunal can be proved it would be unwise of either party to try and take it back to Court. They'd be on a hiding to nothing.
Forgot about them to be honest.Yes that’s true I think , but someone did lose . Dundee Utd , Cove and Raith .
I think it probably would be Lord Clark again. However, with him having directed that the arbitration panel be headed by someone with a minimum 10 years experience as a Judge/QC/Advocate I suspect that unless a gross error of law at the tribunal can be proved it would be unwise of either party to try and take it back to Court. They'd be on a hiding to nothing.
Seems so doesn’t it , Court enforcing control of that Documentation is pretty insightful of the mistrust involved in this episode .The petitioners will be straight back there if the SPFL aren’t forthcoming with ”all” the documents under disclosure order. That will be the SPFLs homework over the weekend, how do we lose this with no trail or hole?
What is the remit if the arbitration procedure? What can they enforce as an outcome?
Seems so doesn’t it , Court enforcing control of that Documentation is pretty insightful of the mistrust involved in this episode .
Seems so doesn’t it , Court enforcing control of that Documentation is pretty insightful of the mistrust involved in this episode .
I don’t know mate but would assume the arbitration panel would have to be capable of enforcing whatever outcome the petitioners (Hearts/Thistle) seek. In just the same way the Court would. I’m wholly unqualified to say with certainty though.
Let's see how this panel is set up, if it's truly independent and unbiased. or it's a rigged panel. If hearts smell a rat, they can go back to court, as their petitions hasn't been dismissed on this. only the Supreme Court in any dispute, civil or criminal, is the final judgement for all disputes, if it should go that far.
Where does it say spfl decide make-up of the hearing board ?IF The SPFL decide who sits on it, I don’t see how it can be deemed independent.
They’ll no doubt get the ouija board to try and channel McBrde & McConviIIe.
Let's see how this panel is set up, if it's truly independent and unbiased. or it's a rigged panel. If hearts smell a rat, they can go back to court, as their petitions hasn't been dismissed on this. only the Supreme Court in any dispute, civil or criminal, is the final judgement for all disputes, if it should go that far.
A light shone in the dark somewhere ahead, blue turned into green then it was red........... yesIt’s seems light a light will be shone ,in the faces of the corrupt cabal after all
He’s made the order as it’s obvious to him the SPFL cannot be trusted to be forthcoming with everything, this gives the petitioners the opportunity to return to the court for non disclosure, anything missing or already disposed of will strengthen their case and show the SPFL in very bad light, breach.
The SPFL are not sitting comfortably at the moment, quite the opposite, the disclosure order is the big thing in Clark's ruling, a real kick in the stones for Doncaster and the cabal. This will be the nail in the coffin.
And a significant step in that historically law and sport have tried to keep as far away from each other as possible.Yes . Lord Clarke is re-writing sfa articles here isn’t he . They are clearly unjust and that’s by a QC who by the sounds has only peeked at that one Article 99 .
If they win then they will be awarded an amount of cash. I think the SPFL would then have to pay the cash or seek permission from the members to make a settlement offer.Yeah you'd think so bud.
Stumbling block in my head (and same as you, I'm completely unqualified so this is just an opinion) is if hearts and thistle "win". To reinstate them in the prem and championship would be something which would normally require members votes rather than any legal procedure.
Strange one.
That reads beautifully. Long overdue.Of those people who thought the “out of the game” dig wouldn’t sit well with the judge, here ye go....
It seems it didn’t go down well at all, specifically mentioned and interesting overall comment on the SPFL/SFA threats via their “rules”.
Can you see even those clubs licking Lawwell's arse through all of this voting to give hearts or thistle money?If they win then they will be awarded an amount of cash. I think the SPFL would then have to pay the cash or seek permission from the members to make a settlement offer.
Where does it say spfl decide make-up of the hearing board ?
Correct. But the real issue is that the rest of Scottish Football doesn't care....scary.
If they win then they will be awarded an amount of cash. I think the SPFL would then have to pay the cash or seek permission from the members to make a settlement offer.