SPFL and Covid ( Leagues 1 and 2 to restart )

[Jambo61]

6 minutes ago, McCrae said:

Looks like we are now heading towards the end game. The stupidity of both the SPFL and SFA will be the death of them. Legally the SFA are on very soft ground and this dispute could easily end up going out of control. The power of the SFA has over clubs will be diminished in the end. Expect this will end up in Court.

 

My guess is they are hamstrung by their own rules and have to raise a case against us within a defined time-period after we raised our case..........bloody hope so as we can use that in our pending CoS case 2!

[Hagar the Horrible]

3 minutes ago, Ribble said:

scot gov won’t entertain it, government involvement in football means no clubs in Europe and no national team competitions

1. Why not?

2. Good

3. We have not been involved in 22 years?

[whyskey]

17 minutes ago, Mikey1874 said:

"The role of the Compliance Officer is to act independently and in accordance with the rule book with which she is provided"

 

https://www.google.com/amp/s/www.dailyrecord.co.uk/sport/football/football-news/sfa-slam-personal-clare-whyte-14036410.amp

thought that she had something to do with john keane celtic director from edinburgh 

[merrymac]

2 minutes ago, Gulf Jambo said:

 

Might be that, in case we win in the Arbitration they can still expel us from the league

I think Lord Clark pretty much said that wouldn't be happening

[Whatsthefuture]

50 minutes ago, Tokyo Drifter said:

It's a play by the SFA. They're covering the SPFL's arses in case we win compensation, then they can try to hit us with a fine and siphon the money back to the clubs somehow. Anyway, Lord Clark questioned the legality of Clause 99 so if it ends up back in court it's game on again. And round and round we go. 

And how could it be viewed if the Foundation took the SFA to task (legally) over its bias and failure to Review the many other indiscretions by other clubs and particularly the SPFL 

[Japan Jambo]

20 minutes ago, everton_jambo said:

Apologies for going off on a tangent, or if this has been posted before, but had anyone else seen the story about Dundee’s Eric Drysdale being at the heart of another botched vote? They say lightning never strikes twice...

 

https://www.thecourier.co.uk/fp/news/local/perth-kinross/1416686/controversial-perthshire-development-pushed-through-despite-councillors-laptop-crashing-at-crucial-vote/

 

“Sadly the hardware crashed and I missed out on 12 minutes so I found that extremely frustrating but I genuinely had’t made up my mind about which way I was going to vote.”

 

dear lord...

 

[OldGorgie]

So much for all that guff about The Tache being a nice guy.  So much for all that nonsense about “I’ve met him and he’s a decent bloke”. This move has his hands,:albeit remote, all over it. AB has to go back to Court of Session, now.

[Mikey1874]

Disrupting our work in regard to the Arbitration hearing is a serious matter. 

 

I think there will be action taken or a complaint made. 

[Snedescu]

The big question for me is why has our SFA Compliance Officer sat on her hands for weeks and decided just to do it now? 
 

She acts independently so why wait until the case has been to the Court of Session to decide she wants to get involved. She could have raised this weeks ago.

[blairdin]

1 hour ago, Squirt said:

Starting to feel like they’ve broken me. It’s not the fact that the things they do and the way they act are so crazy and antagonist that gets to me, it’s the fact that they’re within their rights to do it as per the rules. 

 

I actually despise Scottish football. I’ll always love Hearts, but every single facet of football in Scotland is beyond a joke. The clubs, the leagues, the funds, the stadiums, the pitches.

I get this. I want Hearts and Partick to burn the Scottish football governing bodies to the ground at any cost. Both of them. 

 

I'll always be a Hearts fan, will buy my season ticket, meet my mates before and after matches. But I couldn't care less about Scottish football. I think what depresses me most is the lack of support from supporters of other clubs out with the Old Firm. The bitterness to Hearts is obvious, presumably because we as a support have done what they said was impossible in terms of the FoH. 

 

And to think, back in March after that match in Paisley I'd pretty much made peace with relegation based on what happened on the pitch that night. 

 

I'm absolutely scunnered. Tear it down. 

[Mikey1874]

7 minutes ago, Diadora Van Basten said:

Go to the SFA get punished, take it to the court of Session and get punishment ruled illegal.
 

Job done.

 

 

 

Quite possibly.

[OldGorgie]

5 minutes ago, Gulf Jambo said:

 

Might be that, in case we win in the Arbitration they can still expel us from the league

Nothing like being positive and that’s exactly what your post is.

[Nookie Bear]

1 hour ago, milky_26 said:

doncaster is on both boards

Which, in itself, is scandalous. 

[DETTY29]

 

 

[williamgerrard]

Don't know about anyone else the gloves are off now we need to take them all the way.When fans are aloud back into grounds anyone who attends a away game i will seriously question if they are really hearts fans not one hearts fan should be attending any away games the team will be fine without our fans might even make them fired up even more this is WAR now no backing down now we go the distance 

[hmfc1984]

7 minutes ago, merrymac said:

I think Lord Clark pretty much said that wouldn't be happening

He didn't say it wouldn't be happening. He questioned the legality of the rule. So he may consider it illegal if the question was explicitly asked of him. 

 

"In my opinion, the existence of that potential penalty (which includes expulsion or as Mr Moynihan put it, being put “out of the game”) is a factor which requires to be considered when analysing the lawfulness or otherwise of Article 99.15."

Edited July 14, 2020 by hmfc1984

[Ribble]

5 minutes ago, Hagar the Horrible said:

1. Why not?

2. Good

3. We have not been involved in 22 years?

Fifa are clear about no government intervention in football, you honestly think the government want teams banned from Europe and the national teams unable to play just to help us?

[Beast Boy]

26 minutes ago, OTT said:

This should just underline how toxic the inter-relationship between the SPFL and SFA are. They shouldn't be allowed to share offices or board members. One or the other. The SFA is supposed to oversee Scottish football as a whole, yet they have utterly failed at that. 

 

The SFA should have stepped in immediately and sought to bring about an amicable conclusion for all parties. They've just chucked fuel on the fire after sitting on their hands for the better part of 3 and a half months. 

https://www.google.co.uk/amp/s/www.bbc.co.uk/sport/amp/football/43016452

 

Nobody even batted an eyelid two years ago when Lawwell came out with this.

[Jambomuzz]

If hearts hadn't gone to the CoS, and had instead went straight to the SFA arbitration, other than documents from the SPFL not beibg ordered, would the makeup of arbitration panel be the same format as it currently is now? 

[Gulf Jambo]

5 minutes ago, OldGorgie said:

Nothing like being positive and that’s exactly what your post is.

 

Just saying an opinion on it. 

 

Could end up good though as we could go straight back to the COS as Lord Clark did not entertain the idea of expulsion 

[RobNox]

7 hours ago, Hagar the Horrible said:

I think if the referenced case law is there and is relevant to this case, and the documentation supports our argument or not, then the next few days will be about corroborating that evidence with witness testimony, and interpretation.  Thus I believe the panel will already in the embryonic stages of forming a conclusion based on legal precedent . It’s down to all parties to either firm up any conclusion beyond all reasonable doubt or argue which case law is more relevant than the other based on the providence of the evidence provided.

 

Good post Hagar, just one thing though.  They don't have to be convinced beyond all reasonable doubt, just on the balance of probabilities, which is one of the reasons I am quietly confident we'll get a positive outcome.

[Hagar the Horrible]

Just now, RobNox said:

 

Good post Hagar, just one thing though.  They don't have to be convinced beyond all reasonable doubt, just on the balance of probabilities, which is one of the reasons I am quietly confident we'll get a positive outcome.

Yeah you are bang on the money. I am now more buoyed of a result. You can smell desperation. 

[manaliveits105]

and this Maxwell guy is Partick Thistle too (although rumour he takes son to Darkheid) - Petrie is suddenly ill - Compliance officer looks sellicky - this has these 2 all over it Pete and Donkey 

 

[GinRummy]

32 minutes ago, graygo said:

 

I agree with you, doesn't matter what it says in their rules or whether we signed up to them. The unfair contract terms act 1977 comes into play.

Wasn’t aware of the act but I do know (from personal experience) that contracts can not over rule your legal rights so not surprised by its existence. 

Edited July 14, 2020 by GinRummy

[Cruyff]

One thing I don't get. Why have the SFA done this before the Arbitration decision has been made? 

 

Surely if we were to lose the case then the SFA might have a stronger case themselves to punish us. 

 

If we win, then how could they possibly follow through with a punishment?  We'd have been proven to be justified in our actions. 

[Hagar the Horrible]

1 minute ago, Cruyff said:

One thing I don't get. Why have the SFA done this before the Arbitration decision has been made? 

 

Surely if we were to lose the case then the SFA might have a stronger case themselves to punish us. 

 

If we win, then how could they possibly follow through with a punishment?  We'd have been proven to be justified in our actions. 

Either they are mental or running scared

[1874robbo]

I Hope James Anderson gives these feckers nothing else ever again!!! 
 

[Whatsthefuture]

16 minutes ago, Snedescu said:

The big question for me is why has our SFA Compliance Officer sat on her hands for weeks and decided just to do it now? 
 

She acts independently so why wait until the case has been to the Court of Session to decide she wants to get involved. She could have raised this weeks ago.

Our penalty shall be expulsion from the Scottish cup

[7628mm]

1 hour ago, gjcc said:

Bet he takes two lunches too, giving the extra one to this guy...

 

 

That is one mother of a piece box he is taking into work which I suspect will be empty by elevenses.

I doubt his arms are long enough to reach his penis round all that blubber.

You could burn a lamp for a year if you rendered him down. Get a few pots of glue as well.

 

And another thing.

It is just a shame  it was not his R-SOLE that collapsed as it would have taken out the boards of the SPFL and the SFA in one MEGA SUNAMI of EXCREMENT

Edited July 14, 2020 by 7628mm

[John Findlay]

8 minutes ago, Snedescu said:

The big question for me is why has our SFA Compliance Officer sat on her hands for weeks and decided just to do it now? 
 

She acts independently so why wait until the case has been to the Court of Session to decide she wants to get involved. She could have raised this weeks ago.

Ray Charles, Stevie Wonder and every other visually impaired person can see that the compliance officer has not acted independently here. 

The timing although awful to us has been planned carefully by the SFA. Why I have no idea.

It's a bit like the timing of Peter Lawell's impassioned speech to all SPFL clubs not to have an Independent enquiry into the original resolution vote. 

Funny how that is the only time he has spoken. Utter spivs the lot of them.

They truly thought no one would go to court and that we were bluffing.

When they realised we are( I say we are as I include both Heart of Midlothian Football Club and the supporters) up for the fight, they shit themselves bigtime.

They have tried every underhand tactic they can think of for us to cave in, boy are they shocked and extremely angry that we havent.

We are winning this fight and the cabal of charlatans know it.

[Deevers]

12 minutes ago, Jambomuzz said:

If hearts hadn't gone to the CoS, and had instead went straight to the SFA arbitration, other than documents from the SPFL not beibg ordered, would the makeup of arbitration panel be the same format as it currently is now? 

 No doubt it would not have and there is no way we would have had all the documents made available. Yet another example of the perverse way that the authorities work here.  Obviously been told to take this tact by Lawell.

Edited July 14, 2020 by Deevers

[Lord Beni of Gorgie]

Could be worse,  could be a Hull fan

[frankblack]

1 minute ago, Whatsthefuture said:

Our penalty shall be expulsion from the Scottish cup

 

Anything that lets them award the trophy to Celtic sooner.  Might as well give them it now.

[it_hearts]

Wonder what that Dundee D1ck Nelms  is thinking just now. All this down to him changing his vote, instead of being strong.

[GinRummy]

22 minutes ago, Gulf Jambo said:

 

Might be that, in case we win in the Arbitration they can still expel us from the league

It’s difficult to gauge how far they’ll go with this. The whole thing is so celtic led that it honestly wouldn’t surprise me. It would preserve the status quo forever more and the self preservation society that runs Scottish football doesn’t give a solitary **** about anyone bar the old firm. 

[credit card]

I would really love to be a fly on the wall next to our QC's notebook as he sets out our next move. 

[BelgeJambo]

2 minutes ago, Sir Gio said:

Could be worse,  could be a Hull fan

Good game to win for them  😂

[1874robbo]

3 minutes ago, 7628mm said:

 

That is one mother of a piece box he is taking into work which I suspect will be empty by elevenses.

I doubt his arms are long enough to reach his penis round all that blubber.

You could burn a lamp for a year if you rendered him down. Get a few pots of glue as well.

Shite doesn’t burn 

[jr ewing]

2 minutes ago, John Findlay said:

Ray Charles, Stevie Wonder and every other visually impaired person can see that the compliance officer has not acted independently here. 

The timing although awful to us has been planned carefully by the SFA. Why I have no idea.

It's a bit like the timing of Peter Lawell's impassioned speech to all SPFL clubs not to have an Independent enquiry into the original resolution vote. 

Funny how that is the only time he has spoken. Utter spivs the lot of them.

They truly thought no one would go to court and that we were bluffing.

When they realised we are( I say we are as I include both Heart of Midlothian Football Club and the supporters) up for the fight, they shit themselves bigtime.

They have tried every underhand tactic they can think of for us to cave in, boy are they shocked and extremely angry that we havent.

We are winning this fight and the cabal of charlatans know it.

Planned? I don't think they have a clue what they're doing. 

[number-16]

Lord Clark's comments here:

"In my view, a further issue arises from a point made by Mr Moynihan QC on behalf of the SPFL about the disciplinary process and the potential sanctions applicable to SFA members. I was taken to the SFA’s Judicial Panel Protocol and shown a provision which applies where a member or an associated person takes a dispute, which is referable to arbitration in terms of Article 99, to a court of law, in circumstances other than those expressly provided by the terms of Article 99. The provision refers to penalties of up to £1,000,000 and/or suspension or termination of the club’s membership of the SFA being imposed if a court action is raised. In my opinion, the existence of that potential penalty (which includes expulsion or as Mr Moynihan put it, being put “out of the game”) is a factor which requires to be considered when analysing the lawfulness or otherwise of Article 99.15. In response to a question from the court, Mr Borland QC, on behalf of Dundee United, Raith Rovers and Cove Rangers, accepted that this matter should form part of the context in which the lawfulness or otherwise of the terms of Article 99.15 fall to be assessed....
...In my opinion, questions may arise as to whether in that context a bar on raising legal proceedings without the permission of the Board of the SFA, subjecting a club which does so to the potentially extreme sanctions mentioned by senior counsel for the SPFL, can be viewed as contrary to public policy and hence unlawful. In the absence of detailed submissions, I cannot reach any concluded view on that matter. It is something which would require to be addressed in a proper legal debate on this issue."

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020csoh68.pdf?sfvrsn=0

Edited July 14, 2020 by number-16

[williamgerrard]

Don't know about anyone else the gloves are off now we need to take them all the way.When fans are aloud back into grounds anyone who attends a away game i will seriously question if they are really hearts fans not one hearts fan should be attending any away games the team will be fine without our fans might even make them fired up even more this is WAR now no backing down now we go the distance 

[TheBigO]

4 minutes ago, 1874robbo said:

I Hope James Anderson gives these feckers nothing else ever again!!! 
 

You do wonder what he makes of all this.

 

Would be nice if after all this, whichever way it lands, he basically made a short statement saying he washes his hands of them.

 

Ive never thought much about it. His money etc. We don't own him and vice versa. More money in the Scottish game in general is a good thing.

 

But now I'd love him to say they've had their last penny!!

[williamgerrard]

I will call it right now 

 

we win this week

sfa kick us out the league

we go back to court and blow the scottish game apart 

[RobNox]

5 hours ago, JamboBoy said:

So the Chairman of Ayr United says “there was always going to be one club at least that was going to be unfairly treated”. Only in Scotland can this be stated and somehow it is deemed acceptable! 

 

Good, yet another SPFL club chairman admitting we were unfairly treated.  Given that our case is based on unfair prejudice, you'd think opposing chairmen would have been told by Doncaster to keep their traps shut, and avoid at all costs using the term 'unfair'.

[Mikey1874]

5 minutes ago, Whatsthefuture said:

Our penalty shall be expulsion from the Scottish cup

 

The first Cup winners unable to defend trophy.

[BelgeJambo]

2 minutes ago, it_hearts said:

Wonder what that Dundee D1ck Nelms  is thinking just now. All this down to him changing his vote, instead of being strong.

Although Nelms has had been at the forefront of all this, part of me thinks that cowardly little ginger prick Lennon started all this and then slithered back under his stone

[TheBigO]

2 minutes ago, 1874robbo said:

Shite doesn’t burn 

My shite would. I'm sure if it!

[1971fozzy]

19 minutes ago, williamgerrard said:

Don't know about anyone else the gloves are off now we need to take them all the way.When fans are aloud back into grounds anyone who attends a away game i will seriously question if they are really hearts fans not one hearts fan should be attending any away games the team will be fine without our fans might even make them fired up even more this is WAR now no backing down now we go the distance 

brilliant . 100%

[jibz]

It might be time to add 'Lest we forget' below the badge

[Frank Sidebottom]

21 minutes ago, Snedescu said:

The big question for me is why has our SFA Compliance Officer sat on her hands for weeks and decided just to do it now? 
 

She acts independently so why wait until the case has been to the Court of Session to decide she wants to get involved. She could have raised this weeks ago.

She would have looked pretty silly issuing a notice of complaint if Lord Clark had decided to hear the case.  She has obviously taken the view that,  since the court said this was a “football dispute” which has to be arbitrated, it’s now fair game to proceed with her disciplinary action.