Petition of Heart of Midlothian Football Club and Partick Thistle - full text downloadable
- Thread starter mdingwall
- Start date
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
Very interesting read.
Won’t allow access!
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
Essentially three grounds .....
1. Materially inaccurate representation provided by the Directors to clubs as the basis for the Good Friday vote.
"The Directors’ failure to so explain matters to Members constituted a breach of their duty to provide sufficient information to allow Members to make properly informed decisions when voting on the Written Resolution"
2. Under the rules, the original Dundee vote should have stood.
"In any event, in terms of article 185 of the Articles, it was deemed to have been delivered when it was sent. The Dundee Rejection Vote was executed and had effect when it was sent at 4.48pm on 10 April 2020."
3. "That the affairs of the Company have been and are being conducted in the circumstances set out above in a manner that is unfairly prejudicial to the interests of Members, including the petitioners."
1. Materially inaccurate representation provided by the Directors to clubs as the basis for the Good Friday vote.
"The Directors’ failure to so explain matters to Members constituted a breach of their duty to provide sufficient information to allow Members to make properly informed decisions when voting on the Written Resolution"
2. Under the rules, the original Dundee vote should have stood.
"In any event, in terms of article 185 of the Articles, it was deemed to have been delivered when it was sent. The Dundee Rejection Vote was executed and had effect when it was sent at 4.48pm on 10 April 2020."
3. "That the affairs of the Company have been and are being conducted in the circumstances set out above in a manner that is unfairly prejudicial to the interests of Members, including the petitioners."
remembertheepoch
Well-Known Member
interesting, they are saying that they are looking for the champions of league be declared if they are paid their 8m and 2m in compensation?
Brave13VVV
Well-Known Member
So what if they are not given that in compensation?
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
Yeah, that is interesting. They are proposing the compensation as an alternative. However, were the court to award them the compensation then the court is accepting that one or more of their grounds has merit. In which case, why would the court allow the decisions taken by the SPFL to stand?
I'm not a lawyer so maybe someone with a better grasp of this could explain further.
"Unfair Prejudice" was something I thought our dossier might be followed up with if we went legal (this type of action can be taken by a shareholder ore several shareholders as long as the total is a minority of shareholders).
Prior to that though they are saying that firstly the vote should never have taken place, but having taken place, the vote was 'NO'. If the courts find favour with either of those things might become interesting with regard to trophy awards/promotions/play-off spots etc (regardless of that not being pursued by Hearts/Partick)
If the dhims aren't nervous about this then the SPFL Executive sure as hell are going to be.
Prior to that though they are saying that firstly the vote should never have taken place, but having taken place, the vote was 'NO'. If the courts find favour with either of those things might become interesting with regard to trophy awards/promotions/play-off spots etc (regardless of that not being pursued by Hearts/Partick)
If the dhims aren't nervous about this then the SPFL Executive sure as hell are going to be.
Valley Bluenose
RTV? Completed it mate!
Interesting read. First part of their case comes straight from Rangers Dossier. Shat their kecks about rescinding the awarding of titles though (para 42). Nothing more than a cop-out to avoid conflict with Liewell. Not good. Reads well apart from that.
Reduction, very interesting.
Interesting, maybe the scope isn't quite as narrow as I feared. They might not be challenging 'champions' award but a lot will likely come out if it makes it to court.
Section 26 about the Dundee vote should stand would effectively mean that the resolution failed and no club could be award 'champion'.
Damning.
I suppose it is possible that, if the Good Friday Resolution is declared ineffective it will present the SPFL with a problem. It is off the back of the Resolution that McKenzie changed that SPFL Rules & Regulations to allow the leagues to be declared in the manner that they were. I assume they would have to change them back again, meaning the title couldn't be awarded to Celtic in the manner it was.
Another EGM could be held I suppose now that (most of) the full implications are known. A different outcome regarding titles? I would have said no but the clubs have been paid their money now and all are aware of the clusterfuck since - plus the scale of the revolt against the SPFL on Reconstruction was staggering.
There's a bit of mileage to go perhaps.
ald
Well-Known Member
Whilst I agree with all of that VB, in a way it all gets to the place most of us thought might be the best we could get to. If Hearts and PT are successful, then they are going to be so on the basis that (1) clubs were misled (by the SPFL briefing document) and / or (2) the Dundee "no vote" should have stood. If Hearts and PT are successful on either ground (but particularly the first one), Doncaster, Mackenzie and MacLennan have to be absolutely toast. Their positions just couldn't be tenable.
Indeed it might be interesting to see if there would be any further court proceedings which follow on from a successful outcome for Hearts and PT. Suppose the finding is that clubs have been misled and that the SPFL is to pay £Xm in damages. In that situation, I would not be surprised if one or more clubs follow on by seeking to raise a "derivative action" in name of the SPFL whereby they sue Doncaster (as the executive director and main architect of the briefing) for breach directors duties. In effect, a member club claims that Doncaster was responsible for their company (the SPFL) ending up with a massive damages liability.
robertobear
Well-Known Member
Why does no one want to tramp on liewells toes ? He is the route of the problem in Scottish football and at some point must be held to account. I wonder which court case will bring him down?
That's the reality.
I did agree with that, and suppose I still do in as much that breaking up the cabal is the goal but the petition seems to be directly questioning the validate of the resolution that allowed them to be gifted the league.
Depending on how it goes if it makes it to court then who knows, if the judge rules that the resolution had in fact been rejected (i.e. Dundee original vote was cast) then the league can't be given to them based on that resolution. It would require another resolution to be passed and would depend on who survives court fallout.
It's unlikely that they won't be given the title but don't think it's an impossibility.
I’ll wait until the whole scenario has played out in the courts before my hope capitulates on that front.
Valley Bluenose
RTV? Completed it mate!
I agree with all of that. I guess the point I was trying to get across is that I'm far from convinced, as some on here are, that Hearts/Thistle winning this case, even if the Good Friday vote is deemed unlawful, will lead to any taking away of titles. It will certainly help bring down at least Doncaster. Hopefully more. A start.
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
I think we take things one step at a time and see how this plays out in the courts. Once that is done we will have a better idea of what is likely to happen and what is possible.
If the Dundee vote is ineffective then the title couldn’t be given . Would make a few tims nervous and adds to the asterisk but in reality they would have another egm and would end up same result with most teams just wanting to focus on football and money handed out. It will be negligence by the club however if they continue their silence if the last month and don’t go after the cabal
Listening to today's Sportsound podcast.
Tom English stating that football has lost control of this and now it is in the hands of the lawyers/courts and when that happens the only thing you can expect is the unexpected.
Not 100% dead but the cabal departing is the prize. I reckon Doncaster is a goner anyway (only a matter of time) but there are many more influenced by them that need to be removed.
ald
Well-Known Member
Yes I suspect the title ship as sailed. But what they have is so tainted that it doesn’t really bother me. They can bang on about 9 all they like but, so far as I am concerned, they aren’t on 9, they aren’t even on 8.75 or 8, they are on 4. 4 titles with us in the league, the first 2 or 3 of which where we were pretty much still on our knees.
JorgAlbertz
Well-Known Member
Section 18 (ix):
18. That the Written Resolution thereby proposed that for Season 2019/20 the
Rules would be amended with inter alia the following consequences:
ix. the Directors were given sole discretion to determine that no further
League Matches would be scheduled or played in the 2019/2020
Premiership season, in which case:
a. Premiership placings would be determined as per sub-paragraph
(i) above;
b. the first petitioner would be relegated;
c. Celtic FC would be declared the Champion Club of the League and
of the Premiership; and
d. the fee payments for Season 2019/2020 for the Premiership Clubs
would be allocated and paid (based on the league ranking position
per sub-paragraph (i) above).
There you have it, quite explicitly the clubs knew this is what they were voting for.
18. That the Written Resolution thereby proposed that for Season 2019/20 the
Rules would be amended with inter alia the following consequences:
ix. the Directors were given sole discretion to determine that no further
League Matches would be scheduled or played in the 2019/2020
Premiership season, in which case:
a. Premiership placings would be determined as per sub-paragraph
(i) above;
b. the first petitioner would be relegated;
c. Celtic FC would be declared the Champion Club of the League and
of the Premiership; and
d. the fee payments for Season 2019/2020 for the Premiership Clubs
would be allocated and paid (based on the league ranking position
per sub-paragraph (i) above).
There you have it, quite explicitly the clubs knew this is what they were voting for.
Carson's Cat
Well-Known Member
There is a possibility that Hearts win their case but still get demoted, Celtic retain the title, Doncaster keeps his job and the other 40 clubs have to chip for £10 million plus legal fees.
Gives me the fear!
If that’s the case we refuse to pay simples %^*& them
ChildOfGoth
Well-Known Member
Can’t see any likelihood that the members pay off compensation and legal fees tbh. Who knows about the others though as you say CC
Chris the Bandito
Well-Known Member
That would be my cue to go to court as Rangers would then have material losses to justify an action against the SPFL executive.
Bear all
Well-Known Member
Why didn't they feel so aggrieved at the time far as I can remember Hearts where ok when they thought they could steer the other Clubs into restructuring its took nearly 2 months to get to this stage ,legal action should have been the first port of call and Thistle as well for that matter.
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
No, Hearts have been quite clever about this. They can demonstrate to the court that they have explored all possible options to no avail. Thus they can prove their good intent and reasonableness.
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Grigo Yossarian
Well-Known Member
Yes, all three of them are needed to go to enable a result close to acceptability mate.
Bear all
Well-Known Member
By going through the pretence of trying to restructure the Leagues,whatever the outcome it's going to be bad for Scottish Football all to suit that mob and not play out the League which I still find totally puzzling.So now on top of the Sky £6m and BT £3m bill we might have an additional £8m yet the Celtic placemen are still running (ruining )the game.
Grigo Yossarian
Well-Known Member
Yep, an almost open goal.
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
I think we have to wait and see how it all pans out.
CooperShoots
Well-Known Member
It’s amazing that Doncaster and McLennan have now disappeared again.
When it was us raising concerns they were releasing statements every second day.
When it was us raising concerns they were releasing statements every second day.
Hillheadbear
Goooooooooaaaaaaaaaaallllllllll
Sub-judice now.
I see Fudcaster has already begun to plan his escape tunnel and ready to jump ship to the UEFA gravy train. On the ethics board! could not make it up. 
High Society
Well-Known Member
There’s no such thing as an open goal in a Scottish Court
Carson's Cat
Well-Known Member
The only income the SPFL has goes to the clubs - so if there is a cost associated with this and there will be if Hearts win their case - so we'll end up paying anyway.
My dream outcome is a win for Hearts, the season declared N&V, no champions or titles and no one relegated. I would go out of my way to make friends with Sellick and Dundee Hibs fans just to laugh at them
Grigo Yossarian
Well-Known Member
Grigo Yossarian
Well-Known Member
I see Fudcaster has already begun to plan his escape tunnel and ready to jump ship to the UEFA gravy train. On the ethics board! could not make it up.
Yep, joke of the year.
I think UEFA may be getting a letter.
Grigo Yossarian
Well-Known Member
That behaviour was an absolute disgrace & for so many clubs to ignore it was an outrage.
tottie beck
Well-Known Member
Essentially the same argument we should be making for being deprived of a chance to compete for the CL pot.
tottie beck
Well-Known Member
I think in order to achieve ‘null and void’ someone needs to suggest it first. Up to this point no one, including Rangers, have done this.The only income the SPFL has goes to the clubs - so if there is a cost associated with this and there will be if Hearts win their case - so we'll end up paying anyway.
My dream outcome is a win for Hearts, the season declared N&V, no champions or titles and no one relegated. I would go out of my way to make friends with Sellick and Dundee Hibs fans just to laugh at them
Bear all
Well-Known Member
The Scum would still get in the CL,or would they isn't this what it is all about a Null and Void league was to see the teams with the highest coefficient that season progress to the European competitions .The only income the SPFL has goes to the clubs - so if there is a cost associated with this and there will be if Hearts win their case - so we'll end up paying anyway.
My dream outcome is a win for Hearts, the season declared N&V, no champions or titles and no one relegated. I would go out of my way to make friends with Sellick and Dundee Hibs fans just to laugh at them
A lot of that is what we brought up in our official complaint
Barca Bear
Well-Known Member
Wasn’t nv mentioned as a non starter in the April 8th written document?
tottie beck
Well-Known Member
Aye by the SPFL. It was fear mongering. The TV companies have claimed a refund on the unbroadcast games anyway
Coatbridge Chancellor
Well-Known Member
Where have Hearts or Thistle pulled the £8m/£2m figure from?
There is no detail in the document explaining how they have reached the conclusion that those are the figures that will be lost.
There is no detail in the document explaining how they have reached the conclusion that those are the figures that will be lost.
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