Shakey Isles Arab wrote:

Always United :

Time -

Your opinion: if Arbitration were to go tits up for us, would SPFL (or indeed us/RR/Cove) be allowed to apply for interdict or would Clark simply say tough tit - you've had appointed time  ??

 
I've learned one thing over the years, you attempt to second guess Ally Clark at your peril. I don't just mean since he took silk either, I mean since he was called to the bar!

However, I don't believe he wants to see this case near his courtroom again.

Last edited by AlwaysUnited (13/7/2020 10:35 pm)

Throw the book at them both..

https://news.stv.tv/sport/hearts-and-thistle-charged-by-sfa-over-court-action

As a staunch defender of the law, while this is the rule and Hearts/Partick must accept it, it also saddens me in some ways. I believe every individual or party has an inalienable right to seek redress through the courts without fear or favour (the court doesn't have to listen to them of course).

The ultimate cat amongst the pigeons would be if Hearts employed the services of one of my Learned Friends to challenge any penalty in court - but that is surely the kind of wild fiction best suited to an airport novella.

I would hope that calm heads prevail and United don't get drawn into an undignified war of words over this.

How long is it expected to last anyone know?

I think Lord Clark would find it intolerable if matters weren't concluded this week.

I rather suspect the SFA would be content for the start date to remain private, and the first we all hear about this is when the outcome is announced.

I also suspect the start date will probably be leaked to the media by an insider.

bowers wrote:

Goodie Conway 2 wrote:

For clarification, the hearing on the 6th of August is the SFA Disciplinary hearing for Hearts and PT to answer the charge of breaching SFA rules for not using arbitration.

The arbitration is taking place this week but I've not seen anything to confirm start or expected duration. 


 

 
It was due to start today was it not?

 
The provisional date was yesterday, but nothing official has been announced, and it may not be until its over. It may well be underway already.

The next we may hear of this is an SFA press release with the outcome. That could be today, tomorrow or Friday.

Last edited by AlwaysUnited (15/7/2020 12:15 pm)

It is mentil Shakey.
I'll be honest, I haven't a Scooby what's going on.
I just want August 1st to arrive with there being a 3pm kick-off at Tannadice.
Then we can relax. 17 days & counting.
 

I’m not worried at all about the outcome of this legal matter. But I will feel a lot better when it’s over & done with. A mess.

bowers wrote:

Its actually next week its starts

Bloody hell.

No like our club needs an answer quickly what with our season starting in 16 days eh?

Shambles.
 

Maybe the factual start day has gone to Arbitration?

Starts next week. Tony Asghar said this at the DUSG meeting last night.

The arbitration process actually started yesterday it turns out.

Both the SPFL and SFA have their AGM's next week just to further complicate proceedings.

It is reported here that a final decision may not be reached till the week before the new season starts.

Fucking unbelievable.

https://www.bbc.co.uk/sport/football/53457878

So by all accounts arbitration starts today, I wonder what everyone thinks.

My understanding of the case (based solely on information that has been made public) is that Hearts are primarily basing their case on the legality of the infamous Dundee "no" vote. Under company law there is not usually an "adopt or reject" option, merely an adopt option with 28 days to reply. Dundee, as we all know, sent a reject/no vote, which went to the SPFL spam folder. Is it legal to change that "reject/no" vote to an "accept/yes" vote - this will be a crucial point. I would imagine Hearts/PT may make arguments about the general governance surrounding the vote - who said what to whom in between Dundee's two votes - it will be up to the panel to consider how that might affect the balance of probability. There may be other arguments to be introduced though, what does everyone else think? If the panel find that the vote was not legally sound where on earth do we go from there? A revote? Forced reconstruction (do the SPFL have the executive power to impose this)? United forced to remain in the Championship? Compensation for Hearts and Partick? What do others think on this one?

As I alluded to in another post, I remain to be totally convinced that United/Cove/Raith will actually be directly represented in this action. The case remains between the two protagonists, and I am not sure what arguments our QC might introduce that the SPFL QC will not - others may know more than me though. 

I am very interested to hear if the monies raised over the last week or so will be used to fund the losses incurred from the previous Court of Session appearance, or if this is to fund ongoing representation. I don't know the answer to this question, perhaps someone here with more knowledge of the case can confirm? I do think with such a substantial sum of money, it's only right and proper that fans are told what it's being spent on, rather than the somewhat opaque "legal funds". 

I had the misfortune of spending some time on the Jambos Kickback forum over the weekend, I now know where the QCs of Scotland spend their free time, as every poster on there would seem to be a legal expert.

What does everyone else think? It's potentially a momentous week for the club, how's it going to play out in your opinion?