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19/6/2020 4:06 pm  #1


Legal Action: Joint Club Statement

On Wednesday Dundee United, Raith Rovers and Cove Rangers were served with a petition lodged in the Court of Session by fellow SPFL member clubs, Heart of Midlothian and Partick Thistle, which, if successful, could prevent our clubs’ promotions, and potentially have catastrophic financial implications for every SPFL member club as well.  Whilst we are extremely unhappy that we have been drawn into this legal action, we can confirm that we immediately instructed external lawyers to act on our behalf and to protect our clubs’ interests. Since the SPFL resolution was passed by 81% of member clubs on 15th April 2020, which confirmed us all as title winners who were to be promoted, we have undertaken extensive and costly preparations for a new season in new leagues, including obtaining major financial commitments from our supporters, business partners and stakeholders. Our removal from those leagues would be ruinous on and off the field.We have each had a highly successful season, brought to a premature end by something bigger than our clubs and bigger than our sport.  Our status as champions of our respective leagues is not being contested, and nor should the promotion which has always, and should always, come with it.The legal action that has been raised by Heart of Midlothian and Partick Thistle not only threatens the financial stability of the SPFL, but also its individual member clubs.For all of these reasons, we must and will robustly defend our position.As legal proceedings are now underway, we intend to make no further comment on the matter at this time.

 

19/6/2020 5:23 pm  #2


Re: Legal Action: Joint Club Statement

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

 

19/6/2020 7:54 pm  #3


Re: Legal Action: Joint Club Statement

PatReilly wrote:

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

 
I'm glad they have and would be concerned if they didn't Pat. We need to fight this.

I'm sure this will be our only comment as it's now a legal issue and our legal folk will be telling all employees to say nothing.

 

19/6/2020 8:00 pm  #4


Re: Legal Action: Joint Club Statement

Arabnophobia wrote:

PatReilly wrote:

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

 
I'm glad they have and would be concerned if they didn't Pat. We need to fight this.

I'm sure this will be our only comment as it's now a legal issue and our legal folk will be telling all employees to say nothing.

 
Completely agree with this.

 

19/6/2020 10:09 pm  #5


Re: Legal Action: Joint Club Statement

Big win for legal profession.

 

19/6/2020 10:17 pm  #6


Re: Legal Action: Joint Club Statement

PatReilly wrote:

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

I would have sent Hearts/Partick each a letter saying 'take it up with the SPFL'. Or words to that affect.

As an aside it's curious why Utd feel the need to seek 'external lawyers' to act in the clubs interests, considering we have a full-time lawyer on the pay roll.

Only reason i could speculate as to why is perhaps Utd/Raith/Cove have decided the same legal team should represent all three? 
 

 

19/6/2020 11:42 pm  #7


Re: Legal Action: Joint Club Statement

This threat and action fae Budge is a last resort I understand but shouldn't have been taken.

I had sympathy for Hearts but they've now taken it too far.

Fitba(SFA) rules that have always been there there say not to involve the legal system.

The knock on actions within the rules are vague but state bad repercussions and rightly so as legal courts cost mair than money and could be countered over and over to the detriment of the game.

Too far, too extreme and affy risky.

All legal folk will feel equally confident about fighting this caper fae either side whilst advising to the best of their ability whilst cashing in.

Bottom line is they and Partick have gone intae uncharted territory supposedly forbidden in the fitba world with penalties never dished out previously.

I'd now like them expelled but rekon their full on tactful driven fear might get them a compromise.

That needs squashed/binned/battered down or any team can play the same legal card in future and fuck fitba over through the legal system.

 

20/6/2020 7:28 am  #8


Re: Legal Action: Joint Club Statement

I'm confident that we'll be in Premiership next season. My biggest concern is the effect that all of this shite is having on our current recruitment.

     Thread Starter
 

20/6/2020 8:05 am  #9


Re: Legal Action: Joint Club Statement

We all knew it was coming, when Recon #37 & all else failed it was going to be off to the Courts
What we didn't realise that it could impact directly on US.
This French precedent (not Macron ) worries me tho...
Surely it could not happen, there would be a riot ffs.

 

20/6/2020 8:43 am  #10


Re: Legal Action: Joint Club Statement

The French one was because the french FA forced it on clubs. The spfl members voted in favour of it here. So i think/hope we are covered on that front.

     Thread Starter
 

20/6/2020 8:50 am  #11


Re: Legal Action: Joint Club Statement

LarsErikKjell wrote:

The French one was because the french FA forced it on clubs. The spfl members voted in favour of it here. So i think/hope we are covered on that front.

Good point LEK, let's not overlook that.
This will do nothing for Hearts popularity. They have been bringing this upon themselves for more than a decade now. Some bad comings & goings in their boardroom.
Feel for their fans really, not their fault.
Got a new stadium to die for too (in a Scottish context).

 

20/6/2020 12:43 pm  #12


Re: Legal Action: Joint Club Statement

Here's the solution

1 let HMFC & PTFC go to court and achieve the compo.
2 Obviously the compo will be paid in separate payments.
3 Get the new season 20-21 underway
4 The other teams then resign from the SPFL to become effective at the end of season 20-21
5 The SPFL then goes Into admin/ liquidation.
6 HMFC get a taste of what they did in 2013 and get fuck all compo.
7 The new SPFL is formed ( not liable for oldco debts obviously clear precedent for that
8 Season 21-22 gets underway  HMFC can apply to join, providing they agree to accept the democratic rules of the members

 

20/6/2020 2:42 pm  #13


Re: Legal Action: Joint Club Statement

Tek wrote:

PatReilly wrote:

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

I would have sent Hearts/Partick each a letter saying 'take it up with the SPFL'. Or words to that affect.

As an aside it's curious why Utd feel the need to seek 'external lawyers' to act in the clubs interests, considering we have a full-time lawyer on the pay roll.

Only reason i could speculate as to why is perhaps Utd/Raith/Cove have decided the same legal team should represent all three? 
 

 
Actually there could be another reason for external lawyers that should be consider and not to so with the joint legal bid.


This court case will be at the Court of Session so you will be an Advocate or Solicitor Advocate for representation on such a case.

I would assume that the legal team United have may not be qualified as that an more specialised as sport law which would be fine in a sheriff court civil matter.

So you would then need external solicitors  that either have an individual qualified as a Solicitor Advocate or to appoint an Advocate on the clubs behalf.

 

20/6/2020 2:44 pm  #14


Re: Legal Action: Joint Club Statement

ArabChris wrote:

Tek wrote:

PatReilly wrote:

Fair enough: if it had been up to me, I wouldn't have dignified the Hearts/Thistle action with any comment.

I would have sent Hearts/Partick each a letter saying 'take it up with the SPFL'. Or words to that affect.

As an aside it's curious why Utd feel the need to seek 'external lawyers' to act in the clubs interests, considering we have a full-time lawyer on the pay roll.

Only reason i could speculate as to why is perhaps Utd/Raith/Cove have decided the same legal team should represent all three? 
 

 
Actually there could be another reason for external lawyers that should be consider and not to so with the joint legal bid.


This court case will be at the Court of Session so you will be an Advocate or Solicitor Advocate for representation on such a case.

I would assume that the legal team United have may not be qualified as that an more specialised as sport law which would be fine in a sheriff court civil matter.

So you would then need external solicitors  that either have an individual qualified as a Solicitor Advocate or to appoint an Advocate on the clubs behalf.

 
You seem to know your legal stuff mate, what's our chances? 😉

 

20/6/2020 4:42 pm  #15


Re: Legal Action: Joint Club Statement

I thought all the Scottish Coorts were closed including the Court of Session, only dealing with Emergency Cases (eg. Child Protection / Domestic Abuse).

Nearly all cases are on the back burner, including Civvy cases, and you would think that, even when the Coorts get back to normal, cases will be put in the queue depending on priority, notwithstanding the swathe of Criminal cases which are mounting up.

Of coorse the Legal Team representing Herts will try to convince the Judge that their case is Urgent, but then the opposing Legal Team ( the SPFL et al) will counter that.

No Legal qualifications at all, just Joe Soap. So anybody with more know-how than me should feel free to pick holes in what I've sayed.

Last edited by Billy_Hainey (20/6/2020 4:43 pm)

 

20/6/2020 10:53 pm  #16


Re: Legal Action: Joint Club Statement

How long is it going to take until it gets to Court of Session ?

Will it be treated as emergency ?

Are they trying to rescind promotion / relegation or compo if not ?

You'D have to think that if it took them a week to hand down Brexit decision this would be more open and shut.

Last edited by Shakey Isles Arab (20/6/2020 11:39 pm)

 

20/6/2020 11:36 pm  #17


Re: Legal Action: Joint Club Statement

Arabdownsouth wrote:

ArabChris wrote:

Tek wrote:


I would have sent Hearts/Partick each a letter saying 'take it up with the SPFL'. Or words to that affect.

As an aside it's curious why Utd feel the need to seek 'external lawyers' to act in the clubs interests, considering we have a full-time lawyer on the pay roll.

Only reason i could speculate as to why is perhaps Utd/Raith/Cove have decided the same legal team should represent all three? 
 

 
Actually there could be another reason for external lawyers that should be consider and not to so with the joint legal bid.


This court case will be at the Court of Session so you will be an Advocate or Solicitor Advocate for representation on such a case.

I would assume that the legal team United have may not be qualified as that an more specialised as sport law which would be fine in a sheriff court civil matter.

So you would then need external solicitors  that either have an individual qualified as a Solicitor Advocate or to appoint an Advocate on the clubs behalf.

 
You seem to know your legal stuff mate, what's our chances? 😉

I remember that from my HNC and HND in Legal Services at college back between 2006 and 2008.

As for the chances of success I would be reluctant to stab a guess at with out knowing the legal arguments on both sides.

If I was was going on my gut feeling I would say the case will be rejected.

I could be wrong though.
 

 

23/6/2020 3:10 pm  #18


Re: Legal Action: Joint Club Statement

The Court of session in Edinburgh has given the SPFL 48hours to prepare their defence of the Hearts/Partick case (Thursday 5pm). 

Not long at all! 

https://www.thescottishsun.co.uk/sport/football/5733369/spfl-two-days-hearts-partick-court/?utm_medium=Social&utm_source=Twitter#Echobox=1592921285

 

23/6/2020 4:33 pm  #19


Re: Legal Action: Joint Club Statement

UniDundee wrote:

The Court of session in Edinburgh has given the SPFL 48hours to prepare their defence of the Hearts/Partick case (Thursday 5pm). 

Not long at all! 

https://www.thescottishsun.co.uk/sport/football/5733369/spfl-two-days-hearts-partick-court/?utm_medium=Social&utm_source=Twitter#Echobox=1592921285

 
Isn't it just the same thing as the initial 7 days to respond?

 

23/6/2020 4:41 pm  #20


Re: Legal Action: Joint Club Statement

https://www.edinburghnews.scotsman.com/sport/football/hearts/spfl-set-challenge-hearts-partick-thistles-ps10m-court-petition-next-48-hours-2892950


"The Scottish Professional Football League are expected to challenge Hearts’ and Partick Thistle’s legal action against relegation by 5pm this Thursday.

Officials at Hampden Park were given seven days to respond to the petition and must lodge their defence with the Court of Session in Edinburgh in the next two days.

If a response is submitted, all concerned must then seek a further order from the court either for a period of adjustment or to assign a hearing. That could mean a civil case being heard in the court’s Outer House in the first instance."

 

23/6/2020 6:40 pm  #21


Re: Legal Action: Joint Club Statement

Here is a copy of Hearts legal document up for consideration at the Court of Session in Edinburgh on Thursday.
https://www.docdroid.net/xcy36g8/petition-of-heart-of-midlothian-football-club-and-another-p-20-petition-pdf

 

23/6/2020 7:01 pm  #22


Re: Legal Action: Joint Club Statement

Tek wrote:

Here is a copy of Hearts legal document up for consideration at the Court of Session in Edinburgh on Thursday.
https://www.docdroid.net/xcy36g8/petition-of-heart-of-midlothian-football-club-and-another-p-20-petition-pdf

 
Yeah tried reading it earlier but my head nearly fell off, have you managed the whole thing yourself Tek?

 

23/6/2020 7:31 pm  #23


Re: Legal Action: Joint Club Statement

Arabdownsouth wrote:

Tek wrote:

Here is a copy of Hearts legal document up for consideration at the Court of Session in Edinburgh on Thursday.
https://www.docdroid.net/xcy36g8/petition-of-heart-of-midlothian-football-club-and-another-p-20-petition-pdf

 
Yeah tried reading it earlier but my head nearly fell off, have you managed the whole thing yourself Tek?

Skimmed through the 30 pages mate.

Would seem looking at article C17 from the court papers that Hearts/Partick don't have a leg to stand on regards the season's being ended prematurely and the teams occupying bottom spot being relegated as a consequence.

Their whole legal fight is now based on their arguement that Dundee FC's electronic vote should have been accepted first time round.

To be honest i'm utterly fuming reading those documents. This is blatant opportunism from both clubs. This is nothing to do with escaping demotion now and everything to do with seeking hefty (and disproportionate) financial compensation.

What has angered me more than anything is that they seek said compensation from not just the SPFL but also the 4 named clubs (Dundee Utd, Raith, Cove and Stranraer). Fucking Stranraer. One of the teams they argued they were trying to protect and fight for initially.

The notion that ANY of these clubs should have to pay even one penny in compensation is a disgrace. 

All and any sympathy i had for either clubs predicament is now long gone.
 

 

23/6/2020 7:36 pm  #24


Re: Legal Action: Joint Club Statement

Tek wrote:

Arabdownsouth wrote:

Tek wrote:

Here is a copy of Hearts legal document up for consideration at the Court of Session in Edinburgh on Thursday.
https://www.docdroid.net/xcy36g8/petition-of-heart-of-midlothian-football-club-and-another-p-20-petition-pdf

 
Yeah tried reading it earlier but my head nearly fell off, have you managed the whole thing yourself Tek?

Skimmed through the 30 pages mate.

Would seem looking at article C17 from the court papers that Hearts/Partick don't have a leg to stand on regards the season's being ended prematurely and the teams occupying bottom spot being relegated as a consequence.

Their whole legal fight is now based on their arguement that Dundee FC's electronic vote should have been accepted first time round.

To be honest i'm utterly fuming reading those documents. This is blatant opportunism from both clubs. This is nothing to do with escaping demotion now and everything to do with seeking hefty (and disproportionate) financial componsation.

What has angered me more than anything is that they seek the componsation from not just the SPFL but also the 4 named clubs (Dundee Utd, Raith, Cove and Stranraer). Fucking Stranraer. One of the teams they argued they were trying to protect and fight for initially.

The notion that ANY of these clubs should have to pay even one penny in componsation is a disgrace. 

All and any sympathy i had for either clubs predicament is now long gone.
 

 

And on the Dundee vote, I've heard a good few times that clubs had 28 days to change their mind on their initial vote.

 

23/6/2020 7:37 pm  #25


Re: Legal Action: Joint Club Statement

Think the fixtures are supposed to be out on 3rd of July if I mind right?

 

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