SPFL and Covid ( Leagues 1 and 2 to restart )

[rory78]

When is the Arbitration case happening I'm lost??some folks suggested tomorrow and another just there said August 6th which would be after the SPFL starts??🙄

[Rods]

2 minutes ago, frankblack said:

 

Nope - looks like the SFA have delayed Arbitration so they can dish out disciplinary action against us.

 

To me, that says arbitration is over, back to COS for an interdict.

 

Oh really I missed that part so it is a delaying tactic

 

I take it they are hoping Budge wont go for an interdict?

[22games nro]

Thought I remembered this,

not the actual substance of the case, but the fact Rangers were found guilty by the SFA and went to court over it. 
ps the last sentence says "The SFA said it was surprised by the verdict and would consult its legal advisers"

well nothing further changed .

 

so let the Sfa try to fine or expel us , see you in court springs to mind 

 

Rangers win court challenge over SFA transfer ban

• 29 May 2012

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Image captionRangers were placed into administration in February

A judge has ruled that the Scottish Football Association (SFA) acted beyond its powers in imposing a year-long transfer ban on Rangers FC.

The ban was given, along with a fine of £100,000, after the club was charged with bringing the game into disrepute.

Rangers challenged the ban at the Court of Session in Edinburgh, on the grounds it was not one of the sanctions listed in the SFA's own regulations. 

Lord Glennie said the ban should be reconsidered by the SFA appeal panel.

Rangers administrators Duff and Phelps said the club's position had been vindicated and that they would study the judgement and consider their course of action.

The SFA said it was surprised by the verdict and would consult its legal advisers.

 

 

[milky_26]

Just now, rory78 said:

When is the Arbitration case happening I'm lost??some folks suggested tomorrow and another just there said August 6th which would be after the SPFL starts??🙄

the august the 6th i think is the sfa hearing for the charges they have brought against us and PT today

[EIEIO]

Just now, rory78 said:

When is the Arbitration case happening I'm lost??some folks suggested tomorrow and another just there said August 6th which would be after the SPFL starts??🙄

Last I heard was Wednesday or Thursday this week. August the 6th is the date for the SFA charge only. Happy to be corrected.

[Bozi]

1 hour 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. 

My feeling is that the arbitration is going to fall apart. Hearts and Partick are being blocked from getting everything they need that they feel is pertinent to the case and will likely appeal to Lord Clarke to hear the case as the SPFL are being obstructive. 

 

Either that or the SPFL cheif executive has appealed to his fellow board members on the SFA to try and bully us as he knows he is painted into a corner. 

[Newton51]

If the case has been delayed even further, it seems like today’s charge is a warning that if you for the interdiction then looks at what might happen to you 

[Pans Jambo]

42 minutes ago, kwizbet09 said:

My point is we could leave Scottish  Football through buying another club , but we would have to sell Tyncastle an play at the home of who we buy.

U REEK!!!

[22games nro]

1 minute ago, 22games nro said:

Thought I remembered this,

not the actual substance of the case, but the fact Rangers were found guilty by the SFA and went to court over it. 
the last sentence says "The SFA said it was surprised by the verdict and would consult its legal advisers"

well nothing further changed .

 

so let the Sfa try to fine or expel us , see you in court springs to mind 

 

Rangers win court challenge over SFA transfer ban

• 29 May 2012

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Image captionRangers were placed into administration in February

A judge has ruled that the Scottish Football Association (SFA) acted beyond its powers in imposing a year-long transfer ban on Rangers FC.

The ban was given, along with a fine of £100,000, after the club was charged with bringing the game into disrepute.

Rangers challenged the ban at the Court of Session in Edinburgh, on the grounds it was not one of the sanctions listed in the SFA's own regulations. 

Lord Glennie said the ban should be reconsidered by the SFA appeal panel.

Rangers administrators Duff and Phelps said the club's position had been vindicated and that they would study the judgement and consider their course of action.

The SFA said it was surprised by the verdict and would consult its legal advisers.

 

 

 

[GinRummy]

4 minutes ago, frankblack said:

 

Nope - looks like the SFA have delayed Arbitration so they can dish out disciplinary action against us.

 

To me, that says arbitration is over, back to COS for an interdict.

How can the sfa impartiality host arbitration while starting an action which may expel us from the league meaning arbitration was a total waste of time? I’m baffled tbh. 

[frankblack]

Just now, GinRummy said:

How can the sfa impartiality host arbitration while starting an action which may expel us from the league meaning arbitration was a total waste of time? I’m baffled tbh. 

 

I think Lord Clarke will have a very strong opinion on their tactics.

[Deevers]

4 minutes ago, frankblack said:

 

Nope - looks like the SFA have delayed Arbitration so they can dish out disciplinary action against us.

 

To me, that says arbitration is over, back to COS for an interdict.

Certainly how I read it.  If it’s been delayed till then and as the SFA have instituted proceedings  against us to be heard before any arbitration panel meets it makes that worthless. Back to court now. Seek two interdicts one against the SFA and one preventing the start of the season. Gloves off and fight fire with fire.

[maroonlegions]

There is a loophole.

 

The possible Hearts loophole that could nullify expulsion threat;

 

Under normal circumstances, if the rule is breached, clubs can be kicked out of the SPFL and have their SFA membership revoked.

 

But Lord Clarke flagged up the possibility of the SFA going down this route in court and he believes it could be viewed as unlawful for Hearts or Partick to be booted out of Scottish football under this ruling

 

He said: "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."

 

 

 

[SuperstarSteve]

4 minutes ago, EIEIO said:

Last I heard was Wednesday or Thursday this week. August the 6th is the date for the SFA charge only. Happy to be corrected.

Think you have just corrected me. My apologies guys if August 6th is SFA charge only. 

[Selkirkhmfc1874]

3 minutes ago, Deevers said:

Certainly how I read it.  If it’s been delayed till then and as the SFA have instituted proceedings  against us to be heard before any arbitration panel meets it makes that worthless. Back to court now. Seek two interdicts one against the SFA and one preventing the start of the season. Gloves off and fight fire with fire.

Arbitration starts next week and will be finished before sfa hear charge on 6th August 

[Seymour M Hersh]

5 minutes ago, frankblack said:

 

I think Lord Clarke will have a very strong opinion on their tactics.

 

I don't think he will. Lord Clark on the other hand.......

[frankblack]

Just now, Seymour M Hersh said:

 

I don't think he will. Lord Clark on the other hand.......

 

There is always one pedant...

[Francis Albert]

SFA raising the stakes. Good. 

[hmfc1984]

9 minutes ago, Bozi said:

My feeling is that the arbitration is going to fall apart. Hearts and Partick are being blocked from getting everything they need that they feel is pertinent to the case and will likely appeal to Lord Clarke to hear the case as the SPFL are being obstructive. 

 

Either that or the SPFL cheif executive has appealed to his fellow board members on the SFA to try and bully us as he knows he is painted into a corner. 

Are we? I hadn't seen this reported. Link?

[jambos are go!]

As a law Lord once said something like this . No matter how high you are the law is above you. Believe.

[Deevers]

3 minutes ago, Selkirkhmfc1874 said:

Arbitration starts next week and will be finished before sfa hear charge on 6th August 

So I read now - however the timing of the SFA move to me is astounding given the supposed impartial arbitration. Little wonder people here have absolutely no faith in the powers that be who run the game here. Totally corrupt and rotten to the core.

[Smoked-Glass]

If we are to be put back in the spfl in a few weeks,  what happens to the fixtures starting on 1st August? 

[Seymour M Hersh]

34 minutes ago, North Berwick Jambo said:

 

Looks more like Boris & Rees-Mogg 😉

 

Well Shrek and Donkey were the heroes after all. 

[Boof]

2 hours ago, Captain Canada said:

It wouldn't surprise me that they know they're going to lose and are laying the foundation for a huge points deduction which will effectively relegate both teams. 

 

Whatever punishment they come up with needs to be one that's already available to them.

[Seymour M Hersh]

5 minutes ago, frankblack said:

 

There is always one pedant...

 

Ha ha there's more than one on here. 

[graygo]

20 minutes ago, 22games nro said:

Thought I remembered this,

not the actual substance of the case, but the fact Rangers were found guilty by the SFA and went to court over it. 
ps the last sentence says "The SFA said it was surprised by the verdict and would consult its legal advisers"

well nothing further changed .

 

so let the Sfa try to fine or expel us , see you in court springs to mind 

 

Rangers win court challenge over SFA transfer ban

• 29 May 2012

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Image captionRangers were placed into administration in February

A judge has ruled that the Scottish Football Association (SFA) acted beyond its powers in imposing a year-long transfer ban on Rangers FC.

The ban was given, along with a fine of £100,000, after the club was charged with bringing the game into disrepute.

Rangers challenged the ban at the Court of Session in Edinburgh, on the grounds it was not one of the sanctions listed in the SFA's own regulations. 

Lord Glennie said the ban should be reconsidered by the SFA appeal panel.

Rangers administrators Duff and Phelps said the club's position had been vindicated and that they would study the judgement and consider their course of action.

The SFA said it was surprised by the verdict and would consult its legal advisers.

 

 

 

That was to appeal after arbitration and Lord Glennie sent it back to the SFA appeals panel for reconsideration.

Edited July 14, 2020 by graygo

[Bozi]

4 minutes ago, hmfc1984 said:

Are we? I hadn't seen this reported. Link?

Its not been reported but it has been hinted at, both in here and on Twitter that the SPFL are not providing all the documentation

 

 

[Selkirkhmfc1874]

3 minutes ago, Deevers said:

So I read now - however the timing of the SFA move to me is astounding given the supposed impartial arbitration. Little wonder people here have absolutely no faith in the powers that be who run the game here. Totally corrupt and rotten to the core.

100% agree 

[OTT]

2 minutes ago, Smoked-Glass said:

If we are to be put back in the spfl in a few weeks,  what happens to the fixtures starting on 1st August? 

 

God knows.

 

We need a pre-season, and we've not been afforded that opportunity. I'd imagine that we could request a delay but expecting any goodwill directed our way from them is laughable. That said, Celtic regularly get an extra week or so to go on a jolly to the states, so it is possible. 

 

I wouldn't bank on reinstatement though.

[hmfc1984]

Just now, Bozi said:

Its not been reported but it has been hinted at, both in here and on Twitter that the SPFL are not providing all the documentation

 

 

Then it's almost certainly bullshit. 

[Mikey1874]

31 minutes ago, 7628mm said:

 

I have only gone back 3 pages today so assume had been reported in the media. If no date has yet been set then I feel that the CoS is iminent as we surely have the right to go back due to the SFA dragging their heels

 

I am fairly sure that LC asked how soon the Arbitration could get underway and the SPFL QC said Monday meaning 06/07/2020

 

 

[maroonlegions]

2 minutes ago, hmfc1984 said:

Then it's almost certainly bullshit. 

Not providing ALL the documentation is not bullshit though., That's the important part.

[hmfc1984]

Can someone post a definitive link to when arbitration is starting? I'm sure I read.it was tomorrow somewhere. How can we or the spfl accept it taking so long to start? Surely unnecessary delay is reason enough to go back to CoS?

[maroonlegions]

3 minutes ago, Mikey1874 said:

 

 

Its in black and white and the SPLF are  cutting of their noses to spit their face.

[hmfc1984]

2 minutes ago, maroonlegions said:

Not providing ALL the documentation is not bullshit though., That's the important part.

I meant the point it has been "hinted at on here and twitter" probably means the rumour is bullshit. If the courts have stated the documents will be supplied then they must. 

Edited July 14, 2020 by hmfc1984

[Mikey1874]

10 minutes ago, Deevers said:

So I read now - however the timing of the SFA move to me is astounding given the supposed impartial arbitration. Little wonder people here have absolutely no faith in the powers that be who run the game here. Totally corrupt and rotten to the core.

 

A bad mistake.

 

How it plays out remains to be seen. But the timing is absurd. 

 

Might well be to our advantage. 

[Mikey1874]

2 minutes ago, hmfc1984 said:

Can someone post a definitive link to when arbitration is starting? I'm sure I read.it was tomorrow somewhere. How can we or the spfl accept it taking so long to start? Surely unnecessary delay is reason enough to go back to CoS?

 

No one has confirmed a start date. 

[Tom Hardy’s Dug]

3 hours ago, Mikey1874 said:

Dundee United, Raith Rovers and Cove Rangers certainly have questions to answer.

 

Compliance Officer may need a bit more time for them. 

Serious point - they are not parties to the Petition and voluntarily chose to go to court - they had no need. Why no threatened sanction for them?

[hmfc1984]

Just now, Mikey1874 said:

 

No one has confirmed a start date. 

Ah ok. Cheers. Seems incredible really given the statement in court that it could start almost immediately

[vegas-voss]

Dundee Utd and co do they get punished as they also went above the SFA and went to court ?

[hmfc1984]

1 minute ago, Tom Hardy’s Dug said:

Serious point - they are not parties to the Petition and voluntarily chose to go to court - they had no need. Why no threatened sanction for them?

I would assume because they didn't initiate the petition and were simply responding to it as was their legal right. 

[vegas-voss]

1 minute ago, hmfc1984 said:

Ah ok. Cheers. Seems incredible really given the statement in court that it could start almost immediately

Everything in Scottish football takes months and months unless its fining Hearts

[Francis Albert]

46 minutes ago, Jamstomorrow said:

My brother lives down south.  Says it is not mentioned.   

He is right. There has been nothing in the media down here. There has actually been more about Amiens and Toulouse challenges to the French authorities. That is how low the Scottish football authorities have brought the Scottish game.

[Deevers]

5 minutes ago, Mikey1874 said:

 

A bad mistake.

 

How it plays out remains to be seen. But the timing is absurd. 

 

Might well be to our advantage. 

Just another example of the outrageous arrogance of those who run the game here. Maybe it is time someone took a real stand in all of this and took both the the SFA and the SPFL to the Court of Session where the legality of their actions could be properly tested.  To me the latest action by the SFA show blatant bias and a clear attempt to intimidate both Hearts and Thistle. These people need cut down to size.

Edited July 14, 2020 by Deevers

[Bozi]

4 minutes ago, hmfc1984 said:

Ah ok. Cheers. Seems incredible really given the statement in court that it could start almost immediately

That is why there are rumours about them dragging their heels and not providing all the documents, you have to remember that in a court of law they can be forced to provide said documents but i am not sure in arbitration if this is enforceable 

 

Anyway I am making assumptions but there does seem to be a string feeling that this is the case,if then off to court we go and all the dirty linen will be on display 

[One five]

5 minutes ago, vegas-voss said:

Dundee Utd and co do they get punished as they also went above the SFA and went to court ?

Good point that mate 

[iainmac]

2 minutes ago, Bozi said:

That is why there are rumours about them dragging their heels and not providing all the documents, you have to remember that in a court of law they can be forced to provide said documents but i am not sure in arbitration if this is enforceable 

 

Anyway I am making assumptions but there does seem to be a string feeling that this is the case,if then off to court we go and all the dirty linen will be on display 

 

It is. 

 

Witnesses can also be called and , if they refuse, we can petition the CoS to mandate them.

[One five]

AB and her legal team would have looked at this surely and maybe expected this from the  sfa,

bring it on I say.

 

 

[Rick Sanchez]

The SPFL encouraged teams to join the Calpol 3 at court to view how they would challenge us.

 

Not sure the Calpol 3 will be in any trouble.

[Super_Hans]

2 hours ago, Captain Canada said:

I wish there was a quick and painless way to break away or join another league. Being governed by these charlatans is way beyond a joke. 

Hopefully doing our due diligence and looking at the way into the English set up.

 

Just in case.