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https://spfl.co.uk/news/arbitration-panel-hands-down-unanimous-judgement

 

Arbitration Panel Hands Down Unanimous Judgement

Monday, 27 July 2020

SPFL Chairman Murdoch MacLennan said: “The formation of this SFA Arbitration Panel was an important step for Scottish football and one which enabled a minutely detailed examination of the entire process of ‘calling the season’.

“Directors and officials from the SPFL co-operated with the panel to the fullest possible extent, during which they were subjected to forensic examination by QCs, all under the scrutiny of a Senator of the College of Justice and two experienced Sheriffs.

“No-one should be under any illusion about the rigorous and challenging nature of this process. I would fully expect all those involved to agree that no stone was left unturned, no allegation left unanswered. Every aspect of the various arguments put forward by both Heart of Midlothian and Partick Thistle was examined minutely, with full access to all relevant documents, records, emails and telephone logs. 

“The panel heard from many witnesses, including senior figures from across our game and three members of the SPFL executive team. Thousands of pages of evidence were considered.

“I’m therefore very pleased that the tribunal unanimously held that the challenges to the written resolution of 15 April 2020 failed, and that the SPFL were entitled to pass, and give effect to, the written resolution and all that flowed from it.

“Throughout the process, and whilst under the most severe pressure, criticism and media scrutiny, the SPFL has followed appropriate legal guidance and acted in accordance with the best interests of the SPFL as a whole at all times.

“It is regrettable that the league had to be concluded in the way that it was. However, despite calls to the contrary from some parties, subsequent events, including the virtual shutdown of our entire country for months, confirm that there was no viable alternative. With contact training only being allowed to resume on 29 June, it was simply impossible for games to be played or for Season 2019/20 to continue. 

“I want to make clear that it is unfortunate the early curtailment of the season relegated Hearts, Partick Thistle and Stranraer. However, in circumstances where reconstruction was comprehensively rejected by SPFL member clubs, there was no viable alternative. I sympathise hugely with all three clubs, but given this clear and unequivocal tribunal decision, it is imperative that everyone accepts it and works together to ensure that our game can move forward and tackle the enormous and continuing challenges posed by the Covid-19 pandemic.”

SPFL chief executive Neil Doncaster said: “This is a clear, comprehensive and unanimous decision.

“I am absolutely delighted that our approach has been vindicated throughout, following an intense period of legal scrutiny and review.

“It has been a very demanding process, but I had complete confidence in the actions and decisions of the SPFL board and the SPFL executive team.”

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Thanks to all the idiots who constantly told us we would at very least get compensation.

 

Gutted, 3 months of hanging on.  Wish we hadn’t bothered. Cannot be arsed anymore.

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1 minute ago, Chuck Berry said:

 

We don.t need anything official. Whilst it's freedom of choice for each individual, anyone giving £20/£25 to Dundee, Raith, Ayr, Dunfemline etc need to take a long hard look at themselves.

Exactly.  I wont be spending money again at any other team. That means cups as well.  It's not a reaction.  I  have had weeks to think about it.

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The Old Tolbooth
13 minutes ago, Diadora Van Basten said:

I don’t think we will get any compensation if we lost.

 

Doubt we will ever find out how we lost.

 

Posts like this don't make sense to me, if we'd won and been reinstated into the SPL, then we wouldn't have needed compensation, it's only if we lose our SPL place (which it looks like we have unless there's a way to take it back to court) that we go for huge compensation. My understanding now is that we'll either be seeking to go back to court, or seeking compensation because we lost, that's the whole point, it was one or the other, and never both. 

 

If it's the compensation route, then there's going to be a fair few clubs going under as a result who can't afford the costs of this, but I guess that's what they all voted for really, so tough shit! 

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Hagar the Horrible

I hoipe I am the first to say this:

 

WHO ARE THESE PEOPLE!  Name them corrupt SFA to the core

 

Off my chest now

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The harsh reality is that we've had a negative outcome from virtually every stage of this process bar the minor victory of it not being kicked out of court at the first referral. 

 

Whilst the club I feel was right to try and exhaust all avenues to fight this, ultimately we should never have been bottom of the league and in scope for it to begin with.

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willie wallace

I hope all that happened over the last week comes out fully so we know who and why they shafted us and that includes the panel members identity

To hell with all this secret crap.

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Not surprised with the outcome but we had no option to try and get relegation overturned. Anne budge tried her best and we must never forget that only in Scotland does the football governing body try and punish a business at such a difficult time

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5 minutes ago, Homme said:

Unfortunately you'll still have dozens of selfish Hearts fans attending every game they can. 

 

I'd love it if the club didn't accept tickets to the majority of clubs but I don't think we will. 

The fans that'll still go will be the fans that turn up week in week out to support the team wherever they play.

 

I'm all for boycotting teams but to expect those that go to every game to suddenly stop going is wrong  and to call them selfish is out of order.

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https://spfl.co.uk/news/arbitration-panel-hands-down-unanimous-judgement

 

ARBITRATION PANEL HANDS DOWN UNANIMOUS JUDGEMENT

MONDAY, 27 JULY 2020

 

SPFL Chairman Murdoch MacLennan said: “The formation of this SFA Arbitration Panel was an important step for Scottish football and one which enabled a minutely detailed examination of the entire process of ‘calling the season’.

 

“Directors and officials from the SPFL co-operated with the panel to the fullest possible extent, during which they were subjected to forensic examination by QCs, all under the scrutiny of a Senator of the College of Justice and two experienced Sheriffs.

 

“No-one should be under any illusion about the rigorous and challenging nature of this process. I would fully expect all those involved to agree that no stone was left unturned, no allegation left unanswered. Every aspect of the various arguments put forward by both Heart of Midlothian and Partick Thistle was examined minutely, with full access to all relevant documents, records, emails and telephone logs. 

 

“The panel heard from many witnesses, including senior figures from across our game and three members of the SPFL executive team. Thousands of pages of evidence were considered.

 

“I’m therefore very pleased that the tribunal unanimously held that the challenges to the written resolution of 15 April 2020 failed, and that the SPFL were entitled to pass, and give effect to, the written resolution and all that flowed from it.

 

“Throughout the process, and whilst under the most severe pressure, criticism and media scrutiny, the SPFL has followed appropriate legal guidance and acted in accordance with the best interests of the SPFL as a whole at all times.

 

“It is regrettable that the league had to be concluded in the way that it was. However, despite calls to the contrary from some parties, subsequent events, including the virtual shutdown of our entire country for months, confirm that there was no viable alternative. With contact training only being allowed to resume on 29 June, it was simply impossible for games to be played or for Season 2019/20 to continue. 

 

“I want to make clear that it is unfortunate the early curtailment of the season relegated Hearts, Partick Thistle and Stranraer. However, in circumstances where reconstruction was comprehensively rejected by SPFL member clubs, there was no viable alternative. I sympathise hugely with all three clubs, but given this clear and unequivocal tribunal decision, it is imperative that everyone accepts it and works together to ensure that our game can move forward and tackle the enormous and continuing challenges posed by the Covid-19 pandemic.”

 

SPFL chief executive Neil Doncaster said: “This is a clear, comprehensive and unanimous decision.

 

“I am absolutely delighted that our approach has been vindicated throughout, following an intense period of legal scrutiny and review.

 

“It has been a very demanding process, but I had complete confidence in the actions and decisions of the SPFL board and the SPFL executive team.”

 

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hmfc_liam06
2 minutes ago, 22games nro said:


Alloa - nope

Arbroath - nope

Ayr United - nope

dundee - nope 

Dunfermline- nope

morton - nope

Inverness - yes

queen of the south - nope

Raith - nope

 

oh and semi against hubs - ram it. 

 

501C0A86-2BB4-4B15-82AC-247D425558CC.jpeg

A368EC62-19C0-4B40-96A4-56378DAA77B7.jpeg

 

I'd be game for hoardes of us going to the stadiums and constantly singing for 90 minutes outside. These shit holes are small enough that we'd 100% be seen and heard by the players.

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Back to 2005
5 minutes ago, lou said:

The younger fans will still want to go to away games for the away day experience unfortunately

Good. Hopefully some of them can be a complete nuisance wherever they go and the home clubs have a large police bill.

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Lord Beni of Gorgie

I doubt that the arbitration panel could or would grant compensation?

 

Anderson must feel silly giving all that cash 

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black stump
1 minute ago, Leveins Battalion said:

 

We really need to move on now,from the disaster of a season to the disaster of legal proceedings.

Its time for a fresh start,right from the top.

yup, lets get on with it and win this poxy division, get back where we belong, in European competition!!

 

 

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1 minute ago, lou said:

The younger fans will still want to go to away games for the away day experience unfortunately

Possibly - but what you do think ....  30% of potential away support?  Maybe less based on a  poll in here.

Will still hurt these clubs hopefully.

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Harry Potter
1 minute ago, Deso1972 said:

Was he typing this when he was ripping the head of it.. wtf is "reverese"?

Must like meatballs ha ha

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2 minutes ago, Hagar the Horrible said:

I hoipe I am the first to say this:

 

WHO ARE THESE PEOPLE!  Name them corrupt SFA to the core

 

Off my chest now

I hear you Ally.

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1 minute ago, The Old Tolbooth said:

 

Posts like this don't make sense to me, if we'd won and been reinstated into the SPL, then we wouldn't have needed compensation, it's only if we lose our SPL place (which it looks like we have unless there's a way to take it back to court) that we go for huge compensation. My understanding now is that we'll either be seeking to go back to court, or seeking compensation because we lost, that's the whole point, it was one or the other, and never both. 

 

If it's the compensation route, then there's going to be a fair few clubs going under as a result who can't afford the costs of this, but I guess that's what they all voted for really, so tough shit! 

Again this is the next straw clutch

 

We have lost every single step of this and we dont look like getting anywhere.

 

Lets just get on with it.

 

 

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4 minutes ago, EIEIO said:

Club statement will be interesting. 

Boycott of league games confined for me,  unsure about the cup.

Not knee jerk reaction as said from get go but I would withdraw from scottish cup.

 

I know folk will disagree generally as be seen as cutting nose of to spite face but can **** right off.

 

For one given we don't start season until October when cup game scheduled for.

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williamgerrard

Anyone who now goes to away game shoulf not class them selves as hearts fans weve just been shafted big style 

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Dundee United has decisively won a challenge by Heart of Midlothian and Partick Thistle (collectively, ‘the Petitioners’) in which they had sought to reverse the Club’s promotion to the SPFL Premiership.

Dundee United welcomes the decision of the Arbitral Tribunal (the “Tribunal”) which was issued today on the following terms: “The tribunal appointed in terms of Scottish Football Association Article 99 issued its decision today. It unanimously held that the challenges to the Written Resolution of 15 April 2020 failed, and that the SPFL were entitled to pass, and give effect to, the Written Resolution and all that flowed from it. Accordingly it refused to grant any of the orders sought by Heart of Midlothian FC and Partick Thistle FC and continued the arbitration for submissions about expenses.”

The effect of the Tribunal decision is that Dundee United WILL be an SPFL Premiership club for Season 2020/21 and Dundee United WILL kick off its Premiership season on 1 August with a fixture against St Johnstone at Tannadice. 

Our participation in the legal proceedings

Over the last six weeks, questions were raised as to why we felt it necessary to actively participate in this matter. Whilst legal proceedings were ongoing, we considered it inappropriate to comment or respond in detail.  We can now advise of the reasons for our participation. 

Firstly, the Court of Session petition was formally served on us as ‘respondents’ (defenders).  Indeed, it was the Petitioners who specifically named us as one of the respondents.   The service copy petition was accompanied by an order of the court stating that any answers (defences) on our behalf were to be lodged within seven days.  

Secondly, the primary ‘remedy’ sought in terms of the petition was, in effect, to prevent promotion and relegation across the entire SPFL in the 2019/20 SPFL season.  That would have deprived us of the promotion we had fought so hard to secure last season.  We were not prepared to stand by and watch the achievements of our Championship winning squad being undermined in that way.

Thirdly, the nature of the claim advanced by the Petitioners included matters which the SPFL itself, as the company at the centre of the claim, was not in a position to fully address.  Specifically, the motivations of member clubs when voting to bring the season to an early conclusion could only be fully addressed by members clubs.      

To be clear, we had absolutely no desire to enter into costly legal proceedings raised by the Petitioners.  Like any responsible organisation or business served with notice of legal proceedings, we sought and obtained specialist legal advice.  On considering that advice, we concluded that we had to enter the proceedings to protect our position.  Any suggestion that we entered proceedings without justification or to stoke division is both unjustified and insulting.

The new season

We are pleased that today’s decision by the Tribunal brings this matter to a close, not just for us but for the whole of Scottish football.  This weekend sees the start of what promises to be an exciting SPFL Premiership season.  We look forward to playing our part in it, starting with the visit of St Johnstone on Saturday.

A note of thanks

We wish to thank our players and staff who worked tirelessly to prepare for the new season despite the uncertainty caused by this case hanging over our heads. 

We would also like to thank Garry Borland QC, and our external solicitors, Lindsays, who not only supported our in-house solicitor but provided invaluable advice and representation throughout the entire process. 

Most importantly, to our supporters who raised funds and continued to drive record season ticket sales despite the uncertainty. We thank you for your unconditional loyalty and support during this difficult period.

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Interesting to see what Hearts say must be a statement being done right now - still can't believe that snake Doncaster has been forthcoming with all documents etc but I'm sure we'll find out soon enough 

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Please, please, please just pull out of the Scottish Cup and League Cup.

 

And that ****ing joke Challenge Cup or whatever it's called. After all, it's been the thing to **** up Thistle.

 

😡

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maroonlegions
6 minutes ago, TorinoJambo said:

I understand the anger etc but the " be in the championship for years" stuff is just daft. If we keep this squad and only play 27 games we will win the league in a canter.

No promotion was an idea the SPL put forward i think, so regardless of us winning it.. 

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Stuart McNeill
5 minutes ago, gashauskis9 said:

Clutching straws, but if this was leaked last week then would that be a condition of being able to appeal this with CoS (along with us being charged by the SFA during the process)?  Could be proven that the arbitration process was severely compromised.

Id imagine it was just Pre written to be able to publish it quicker 

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hmfc_liam06
2 minutes ago, Gillsland jack said:

Celtic not having to play us twice at Tynecastle, should help their 10 in a row bid, just saying!!.

 

Sorry but :lol:

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husref musemic

SPFL chief executive Neil Doncaster said: “This is a clear, comprehensive and unanimous decision.

“I am absolutely delighted that our approach has been vindicated throughout, following an intense period of legal scrutiny and review.

“It has been a very demanding process, but I had complete confidence in the actions and decisions of the SPFL board and the SPFL executive team.”

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4 minutes ago, hunts said:

Thanks to all the idiots who constantly told us we would at very least get compensation.

 

Gutted, 3 months of hanging on.  Wish we hadn’t bothered. Cannot be arsed anymore.

Just go and get lost.

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Scott980612
3 minutes ago, 22games nro said:


Alloa - nope

Arbroath - nope

Ayr United - nope

dundee - nope 

Dunfermline- nope

morton - nope

Inverness - yes

queen of the south - nope

Raith - nope

 

oh and semi against hubs - ram it. 

 

501C0A86-2BB4-4B15-82AC-247D425558CC.jpeg

A368EC62-19C0-4B40-96A4-56378DAA77B7.jpeg

Well said.  
 

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Lone Striker
16 minutes ago, David Black said:

If this is fact and the SPFL and Doncaster just carry as per, then I'm done with Scottish football. It's just a waste of my time and money. This would have been the perfect time to change decades of corruption and the pandering to 2 clubs, but no, they'll just carry on as they have for the past 100 + years with the only difference being things are getting worse each passing season. 

Even if  we had  been re-instated - and its still possible that we may  have actually won our case for compensation -  this was NEVER going to change ,much (if anything) at the SFA/SPFL. 

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Well, I’ll await the club statement then. I had prepared myself for the worst, so it’s not a huge blow. Well done on fighting it HMFC, it had to be done. 
 

Now the bitterness and sense of injustice needs to remain in place and we need to feed upon it and use it to drive us on.

 

FSF

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Chuck Berry
3 minutes ago, connlach said:

Exactly.  I wont be spending money again at any other team. That means cups as well.  It's not a reaction.  I  have had weeks to think about it.

 

From the day of the votes on resolutions/reconstruction was the day that no clubs who voted to harm the three clubs concerned would be getting a penny of my money ever again.  I'll do all I can to persuade others to follow suit.

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Dusk_Till_Dawn
5 minutes ago, hunts said:

Thanks to all the idiots who constantly told us we would at very least get compensation.

 

Gutted, 3 months of hanging on.  Wish we hadn’t bothered. Cannot be arsed anymore.


“Interim interdicts”

 

”executive decision for reconstruction”

 

On it went and on it went.

 

Attention seekers talking shite. I did call some of them out at the time.

 

Worse than Greenginger in 2014.

Edited by Dusk_Till_Dawn
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jamboinglasgow

I hate Scottish football. 

I hate that the last year and a half have been a series of Hearts getting kicked in the nuts.

I want us to destroy other clubs.

Please can karma happen to these clubs.

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TyphoonJambo

Absolutely gutted. I naively thought common sense and justice would prevail. 

Honestly lost for words. This feels like 86 all over again. 

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  • jkbmod 9 changed the title to SPFL declare league (2019/20) due to Covid (Arbitration panel upholds SPFL decision )
  • davemclaren changed the title to SPFL and Covid ( Leagues 1 and 2 to restart )

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