PDA

View Full Version : How should the SPFL respond to Hearts' threats?



Keith_M
17-06-2020, 07:11 PM
If Hearts want to threaten clubs with deliberately delaying the start of the league and also want to take the SPFL (i.e. the other clubs) to court for millions, then they're threatening the very existence of those same clubs.

Contrary to what they've claimed up to this point, they have literally no interest in Sporting Integrity, or in anyone else but themselves.

It might sound severe, or an over reaction, but I don't see why the SPFL (basically all the other clubs) shouldn't respond in kind and let them know that any such legal action will result in expulsion from the league.

Fight fire with fire, and all that.


Thoughts?

BroxburnHibee
17-06-2020, 07:13 PM
The whole thing is a shakedown.

They're desperate for cash so they can keep their overpaid players.

It will be settled out of court and they know it.

wookie70
17-06-2020, 07:14 PM
If Hearts want to threaten clubs with deliberately delaying the start of the league and also want to take the SPFL (i.e. the other clubs) to court for millions, then they're threatening the very existence of those same clubs.

Contrary to what they've claimed up to this point, they have literally no interest in Sporting Integrity, or in anyone else but themselves.

It might sound severe, or an over reaction, but I don't see why the SPFL (basically all the other clubs) shouldn't respond in kind and let them know that any such legal action will result in expulsion from the league.

Fight fire with fire, and all that.


Thoughts?

For me they are entitled, as a member, to see or at least ask what the SFA/SPFL legal advice and defense are. For that reason they should be suspended at the least.

bawheid
17-06-2020, 07:18 PM
The whole thing is a shakedown.

They're desperate for cash so they can keep their overpaid players.

It will be settled out of court and they know it.

Settled out of court in that the Jambos will get bugger all.

Budge: we’ve taken legal action. Do you want to settle out of court?
SPFL: nah.
Budge: but... please?
SPFL: cheerio Ann.

Irish_Steve
17-06-2020, 07:27 PM
As I said on the other thread, the Courts are saying the SPFL have to reply to Heart`s petition within 7 days.

If I was the SPFL, I`d just say, "Hello Ann" - that`s a reply isn`t it?

Or "Do you want fries with that?"

04Sauzee
17-06-2020, 07:33 PM
Foxtrot Oscar

HoboHarry
17-06-2020, 07:34 PM
Foxtrot Oscar
Silver tongued cavalier that you are :greengrin

Andy74
17-06-2020, 07:34 PM
The whole thing is a shakedown.

They're desperate for cash so they can keep their overpaid players.

It will be settled out of court and they know it.

It won’t. They will lose.

Since452
17-06-2020, 07:35 PM
"see you in court"

MrSmith
17-06-2020, 07:38 PM
It won’t. They will lose.

yep I’m confident of this too :thumbsup:

Victor
17-06-2020, 07:39 PM
Put the SPFL into administration. Can’t sue an insolvent entity. Basically do what Hearts did.


Sent from my iPad using Tapatalk

Eyrie
17-06-2020, 07:45 PM
If Hearts had handled this properly, putting forward a detailed proposal for reconstruction following a full consultation with all member clubs and then, when they lost the vote, politely requested the parachute payment that would normally go to 11th, then I'd say the SPFL should settle in a spirit of mutual goodwill.

Given how Hearts have behaved however, I'd hope the SPFL will call her bluff and let it go to court.

Brightside
17-06-2020, 07:48 PM
Tell them to Bolt. The current top 12 should just create a new super league with no promotion.

Just_Jimmy
17-06-2020, 07:56 PM
Dock them 30 points for breaking rules.

Sent from my Pixel 3a using Tapatalk

007
17-06-2020, 08:08 PM
If Hearts want to threaten clubs with deliberately delaying the start of the league and also want to take the SPFL (i.e. the other clubs) to court for millions, then they're threatening the very existence of those same clubs.

Contrary to what they've claimed up to this point, they have literally no interest in Sporting Integrity, or in anyone else but themselves.

It might sound severe, or an over reaction, but I don't see why the SPFL (basically all the other clubs) shouldn't respond in kind and let them know that any such legal action will result in expulsion from the league.

Fight fire with fire, and all that.


Thoughts?

They shouls say nothing and do their talking in court but also get their own rent-a-gobsh*te to feed stories to the press like how they're living in cloud cuckooland with their £8m claim and bring on the interim interdict if you dare.

Jim44
17-06-2020, 08:25 PM
The SFA and SPFL should be taking legal advice, now, on two fronts. Firstly, advice on how best to defend their own actions and to minimise the effect of the suing litigants case. Secondly, and completely separate from that, they should be getting guidance from UEFA about their legal rights as to what action they can take against both clubs, irrespective of the outcome of the first case. I would throw the book at them. Attack is the best form of defence but make sure you’ve checked your weapons and armour.

CraigHibee
17-06-2020, 08:42 PM
Properly 'expel' the mutants since that's what they keep harping on about, horrible puddle drinking ***** cannons

007 Mickey Weir
17-06-2020, 08:50 PM
I like the idea of a breakaway league of 12. With a new rule about not taking league to court over a democratic vote. 😀

Bronson
17-06-2020, 08:58 PM
I’d hate to see their license revoked and I mean that, we need the rivalry that’s what football is about. That being said, if the SPFL took that route, hearts would only have themselves to blame.

calumhibee1
17-06-2020, 08:59 PM
Bin them from the leagues.

Springbank
17-06-2020, 09:04 PM
Play dirty

Statements to begin with

"Only last week, Hearts supporting benefactor James Anderson provided funds to support community clubs.

Now, his team are taking action that is likely to place some (or perhaps many) of those community clubs futures in jeopardy.

Hearts voted to relegate themselves, in a competent vote. There is no case to answer and Mr Anderson may wish to pick up the phone to Mrs Budge to explain why he made his significant donation last week, and why the loss of community clubs would be a self indulgence too far".

horseflesh
17-06-2020, 09:07 PM
Ignore it, kick it down the road and treat it the same way you would treat your shoe if you had stepped in dog *****

Lunatic
17-06-2020, 09:18 PM
Surely a substantial points deduction would cover it?

J-C
17-06-2020, 09:21 PM
Where are they getting this £10m compensation BS from, they're making a mockery of things now and are coming across as desperados.

tamig
17-06-2020, 09:42 PM
I’d hate to see their license revoked and I mean that, we need the rivalry that’s what football is about. That being said, if the SPFL took that route, hearts would only have themselves to blame.

I wouldn’t miss them one little bit. They should have disappeared in 2013.

bawheid
17-06-2020, 09:47 PM
Where are they getting this £10m compensation BS from, they're making a mockery of things now and are coming across as desperados.

Genuinely think Ann Budge takes her advice from Kickback.

roo62
17-06-2020, 09:51 PM
If Hearts want to threaten clubs with deliberately delaying the start of the league and also want to take the SPFL (i.e. the other clubs) to court for millions, then they're threatening the very existence of those same clubs.

Contrary to what they've claimed up to this point, they have literally no interest in Sporting Integrity, or in anyone else but themselves.

It might sound severe, or an over reaction, but I don't see why the SPFL (basically all the other clubs) shouldn't respond in kind and let them know that any such legal action will result in expulsion from the league.

Fight fire with fire, and all that.


Thoughts?
I agree and could it not also impact on the Scotland team Nations League games in October if they somehow got the Premier league games halted?

we are hibs
17-06-2020, 10:21 PM
Daily Record saying some of the bigger clubs want them chucked out the leagues if they try and go through with their legal action 😂

Jim44
17-06-2020, 10:27 PM
Daily Record saying some of the bigger clubs want them chucked out the leagues if they try and go through with their legal action 😂

Who are they?

tamig
17-06-2020, 10:27 PM
Daily Record saying some of the bigger clubs want them chucked out the leagues if they try and go through with their legal action 😂

This is when the fun really begins if there’s any truth in that. That would be very sweet.

bawheid
17-06-2020, 10:28 PM
Who are they?

Hibs, St Mirren and Ross County would be glorious.

Irish_Steve
17-06-2020, 10:31 PM
Mind, it`s still the DR but funny all the same. Apparently, over the road, one of the most common sayings of the past couple of days is, "reap what you sow" I think the maroon balloons are about to find that out lol

https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistles-10million-pay-22210164

madhatter
17-06-2020, 10:44 PM
Who are they?

What chief executive or chairman is going to respond well to “gies us 10mil”...especially now.

If Anderson is bankrolling these legal proceedings as well it’s going to get very tasty as quite frankly surely that brings the game’s integrity into question...no strings attached...

Sammy7nil
17-06-2020, 10:52 PM
Mind, it`s still the DR but funny all the same. Apparently, over the road, one of the most common sayings of the past couple of days is, "reap what you sow" I think the maroon balloons are about to find that out lol

https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistles-10million-pay-22210164

Unfortunately it just seems some loudmouth CEO shouting they should / could discuss explosions. I would love it but in truth it is tittle tattle.

Since452
17-06-2020, 10:53 PM
Mind, it`s still the DR but funny all the same. Apparently, over the road, one of the most common sayings of the past couple of days is, "reap what you sow" I think the maroon balloons are about to find that out lol

https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistles-10million-pay-22210164

I know it's the DR and Keith Jackson but that is hilarious. I don't think it'll be too far away from the truth either.

007
17-06-2020, 10:54 PM
Mind, it`s still the DR but funny all the same. Apparently, over the road, one of the most common sayings of the past couple of days is, "reap what you sow" I think the maroon balloons are about to find that out lol

https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistles-10million-pay-22210164

Would only have themselves to blame. £8m is pie in the sky nonsense and everybody knows it. If the rules permit the other clubs to kick them out then 2 (or should I say 40) can play that game. See how they like being on the receiving end of repeated threats.

And since when did they bend over backwards to help others? They've been holding a gun to the heads of clubs for weeks trying to influence votes with threats of relegation.

If it is referring to the JA money, then I'd ask the question was it separate from reconstruction or not? Was it another attempt at influencing votes? Plus, Budge hardly bent over backwards with it. She even managed to make a hash of a simple introduction by first linking it with reconstruction by putting it in her "discussion document" and then seemingly misled Neil Doncaster about it being condition free and about whether or not she was acting as a go-between.

Sammy7nil
17-06-2020, 10:58 PM
If it is possible to kick them out who would be the brave two clubs to put it to the board to call an EGM to discuss that action? If you did and it failed those clubs would be hated more than Hearts.

I think Tom English would explode :greengrin

Del Boy
17-06-2020, 11:00 PM
They are proposing scrapping promotion and relegation and if that doesn’t happen they are demanding £10m in compensation!!! It’s absolutely disgusting behaviour and both clubs should be kicked out.

Baader
17-06-2020, 11:00 PM
Would probably imagine it'll be settled out of court. I wouldn't listen much to what Hearts say, nothing ever comes of it and given they have representation they'll know full well the implications of pursuing it through the courts and losing, which I would suspect is the more likely outcome.

As for the SPFL, they won't want a court case either. 'Undisclosed sum' is what I'm thinking. Very dangerous ground though and the Jambos who seem to think its a no lose situation couldn't be further wrong. Could never imagine a club being kicked out the league but this situation has no real precedent here either... SPFL need to stand their ground.

Col2
17-06-2020, 11:08 PM
1. Withhold distribution money for next season (as it’s paid in installments)
2. Withhold parachute payment (£300k)
3. Withhold money from the SPFL trust donated kindly by James Anderson 😉
4. Clubs refuse to take away tickets, loan players or provide any free tickets/corporate/board room facilities.
5. SFA threaten breach of license
6. SPFL make it clear if they follow through and win they will be expelled from SPFL membership for a minimum 5 years.

matty_f
17-06-2020, 11:14 PM
Mind, it`s still the DR but funny all the same. Apparently, over the road, one of the most common sayings of the past couple of days is, "reap what you sow" I think the maroon balloons are about to find that out lol

https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistles-10million-pay-22210164

From the article:

"It’s understood the legal case is being led by David Thomson QC, who represented the Jags in an unsuccessful court bid against the SPL in 2004. He failed to persuade Lord Brodie to award an interdict that would’ve prevented their relegation."

Magic. :greengrin

Col2
17-06-2020, 11:14 PM
They are proposing scrapping promotion and relegation and if that doesn’t happen they are demanding £10m in compensation!!! It’s absolutely disgusting behaviour and both clubs should be kicked out.

This angle will have now engaged Dundee Utd wealthy American owner. They will start to get it from all angles very soon. While they say don’t want to impact titles and European qualification they can’t have it both ways.

Celtic will go from being supportive on reconstruction to now gunning for them like never before. As Roy McGregor says “you shouldn’t assume the top clubs haven’t got access to its own senior legal counsel”

FilipinoHibs
17-06-2020, 11:18 PM
They are continuing to entertain us during this extended summer break. I see the action is being led by David Thomsom whose 2004 interdict to save Partick Thistle from relegation was thrown out by the courts.

Since452
17-06-2020, 11:19 PM
They are proposing scrapping promotion and relegation and if that doesn’t happen they are demanding £10m in compensation!!! It’s absolutely disgusting behaviour and both clubs should be kicked out.

And threatening to delay the start of the season if they don't get what they want. Even for Heart of Midlothian that is low.

Sammy7nil
17-06-2020, 11:26 PM
From the article:

"It’s understood the legal case is being led by David Thomson QC, who represented the Jags in an unsuccessful court bid against the SPL in 2004. He failed to persuade Lord Brodie to award an interdict that would’ve prevented their relegation."

Magic. :greengrin

Might make him more determined to win

Booked4Being-Ugly
17-06-2020, 11:28 PM
I would kick them both out the league if we can.

Hearts behaviour since shutdown has been disgusting and Budge is now a loose cannon that’s compromised the integrity of the Scottish game.

Sammy7nil
17-06-2020, 11:30 PM
I would kick them both out the league if we can.

Hearts behaviour since shutdown has been disgusting and Budge is now a loose cannon that’s compromised the integrity of the Scottish game.

I think SPFL may want to avoid that it is not a good look when we can't attract a sponsor even in the next of times :greengrin

Vini1875
17-06-2020, 11:35 PM
Is it just me, but everytime I read something about compensation it goes up by a million or two.

I think the SPFL will wait to see what their case is all about. My guess is that it will be a very broad one to do with restriction of trade, which could be interpretated in all sorts of ways. The fact is all the clubs voted to end the season and then hearts were given a lot of time to come up with a plan to be voted on. They failed and the SPFL should not give them an inch.

NYHibby
17-06-2020, 11:38 PM
From the article:

"It’s understood the legal case is being led by David Thomson QC, who represented the Jags in an unsuccessful court bid against the SPL in 2004. He failed to persuade Lord Brodie to award an interdict that would’ve prevented their relegation."

Magic. :greengrin

That article is misleading. David Thomson’s profile says he was called in June 2004. He must have been a junior on that case. He wasn’t the one arguing in court.

Kato
17-06-2020, 11:41 PM
Have they popped their champagne yet?

Sent from my SM-A405FN using Tapatalk

JOD
17-06-2020, 11:47 PM
If Hearts want to threaten clubs with deliberately delaying the start of the league and also want to take the SPFL (i.e. the other clubs) to court for millions, then they're threatening the very existence of those same clubs.

Contrary to what they've claimed up to this point, they have literally no interest in Sporting Integrity, or in anyone else but themselves.

It might sound severe, or an over reaction, but I don't see why the SPFL (basically all the other clubs) shouldn't respond in kind and let them know that any such legal action will result in expulsion from the league.

Fight fire with fire, and all that.


Thoughts?

100% in fact uefa might instruct Sfa that as they have not went thru European Court of Sport arbitration in Switzerland.

hibeerealist
18-06-2020, 12:03 AM
The SFA and SPFL should be taking legal advice, now, on two fronts. Firstly, advice on how best to defend their own actions and to minimise the effect of the suing litigants case. Secondly, and completely separate from that, they should be getting guidance from UEFA about their legal rights as to what action they can take against both clubs, irrespective of the outcome of the first case. I would throw the book at them. Attack is the best form of defence but make sure you’ve checked your weapons and armour.


I would think the SPFL will certainly have taken advice, a number of the clubs will have too and the Hertz are on a real loser here I can’t quite get what Budgie thinks she will gain from all this other than to tell her Duncan’s “I tried”!

IF she had not gone down the legal route after her abysmal attempts at reconstruction they (the Duncan’s) would have turned on her en masses so really not unexpected what is happening but very foolish on her behalf!

Wheres my popcorn?

007
18-06-2020, 12:14 AM
From the article:

"It’s understood the legal case is being led by David Thomson QC, who represented the Jags in an unsuccessful court bid against the SPL in 2004. He failed to persuade Lord Brodie to award an interdict that would’ve prevented their relegation."

Magic. :greengrin

Who's the number2 💩, Leslie Deans? 🐷

Onion
18-06-2020, 07:04 AM
Patently obvious that Hearts are pushing for 8 hoping for 3, which is what they thought they'd lose early on. They're proven chancers and theives. A horrible little cub.

This will never go to court. Expect a payment of £200 - 300k from the SPFL to shut them up and a statement from Budge about accepting an "satisfactory but undisclosed compensation" and how, by settling out of court, Hearts have saved Scottish football.

Be under no illusion, Budge and Hearts will be shaken by the pushback from other clubs and the threat of expulsion. Court is not the final sanction and the BBC, English, Levein and all these other blind losers think. Getting kicked out of the game trumps that.

Barney McGrew
18-06-2020, 07:06 AM
The difficulty Hertz are going to have now is that they‘ll have royally pissed off the Old Firm with the move to get the leagues suspended while this is potentially argued out in court.

Up until this point it looks like they’ve been largely sympathetic of their plight, but that will change pretty quickly. The narrative in the press will be totally different I reckon, and will start to vilify them big style.

Caversham Green
18-06-2020, 07:17 AM
The SPFL's first step must be to suspend both clubs until the matter is settled - that would include withholding any payments due to them and prohibiting any contact with other member clubs. Any scheduled league matches during that time should be forfeited. They've gone too high for a negotiated out of court settlement so the court action needs to run its course or be withdrawn. Permanent expulsion should be considered but it probably won't go that far.

Over on JambosKickedoot they were talking about not guaranteeing the safety of certain club officials at Tinycastle. While it probably wouldn't go that far in reverse you can be sure Ann Budge will not be getting a warm welcome at any of the grounds she visits this season. If I was a club CEO I would be considering refusing to play any matches at Tinycastle or Firhill. They've taken the gloves off so the SPFL and member clubs need to do the same.

easty
18-06-2020, 07:44 AM
Patently obvious that Hearts are pushing for 8 hoping for 3, which is what they thought they'd lose early on. They're proven chancers and theives. A horrible little cub.

This will never go to court. Expect a payment of £200 - 300k from the SPFL to shut them up and a statement from Budge about accepting an "satisfactory but undisclosed compensation" and how, by settling out of court, Hearts have saved Scottish football.

Be under no illusion, Budge and Hearts will be shaken by the pushback from other clubs and the threat of expulsion. Court is not the final sanction and the BBC, English, Levein and all these other blind losers think. Getting kicked out of the game trumps that.

They shouldn’t even get £200-300k. A settlement out of court will be seen as an admission of guilt by the majority of those numpties. It’ll make them even less tolerable.

They’ll get the parachute payment. That’s what they deserve. That’s all they deserve.

mjhibby
18-06-2020, 08:22 AM
The difficulty Hertz are going to have now is that they‘ll have royally pissed off the Old Firm with the move to get the leagues suspended while this is potentially argued out in court.

Up until this point it looks like they’ve been largely sympathetic of their plight, but that will change pretty quickly. The narrative in the press will be totally different I reckon, and will start to vilify them big style.

Clyde superscoreboard were saying exactly that that they were now really annoying clubs and any sympathy has evaporated. Jim Duffy was saying that if they stopped the season starting very likely they would be sued by both the old firm on the very real grounds of restraint of trade. It could be popcorn time very soon. Budge will soon find out that once you enter the grown ups world reality bites very very hard.

lucky
18-06-2020, 08:52 AM
If the SFA don’t take action against them then UEFA will take action against the SFA. UEFA always go after the associations rather than clubs. Scotland could be banned from the play offS for UEFA championship and the Nations league and World Cup qualifiers. Clubs must use CAS as their first option of pursuing claims. Hearts and Thistle have really opened a can of worms and are really in the ****. The SPLF will respond vigorously within the next week and then the retreat will begin from Hearts. £8m is laughable but is deliberately high to try and get a few hundred thousand. Cases get settled all the time because it’s cheaper than running them even if you believe you’ve got a good case. But settling the case does not solve the SFA problem or Hearts and Thistles potential punishment.

Future17
18-06-2020, 08:53 AM
Clyde superscoreboard were saying exactly that that they were now really annoying clubs and any sympathy has evaporated. Jim Duffy was saying that if they stopped the season starting very likely they would be sued by both the old firm on the very real grounds of restraint of trade. It could be popcorn time very soon. Budge will soon find out that once you enter the grown ups world reality bites very very hard.

The season could only be delayed by court interdict. Nobody could sue Hearts for that happening.

NASAHIBS
18-06-2020, 08:57 AM
The SPFL's first step must be to suspend both clubs until the matter is settled - that would include withholding any payments due to them and prohibiting any contact with other member clubs. Any scheduled league matches during that time should be forfeited. They've gone too high for a negotiated out of court settlement so the court action needs to run its course or be withdrawn. Permanent expulsion should be considered but it probably won't go that far.

Over on JambosKickedoot they were talking about not guaranteeing the safety of certain club officials at Tinycastle. While it probably wouldn't go that far in reverse you can be sure Ann Budge will not be getting a warm welcome at any of the grounds she visits this season. If I was a club CEO I would be considering refusing to play any matches at Tinycastle or Firhill. They've taken the gloves off so the SPFL and member clubs need to do the same.
Agree totally with the first parts there, and then announce the top league fixtures the next day:greengrin

Mainstandman
18-06-2020, 08:58 AM
If the SFA don’t take action against them then UEFA will take action against the SFA. UEFA always go after the associations rather than clubs. Scotland could be banned from the play offS for UEFA championship and the Nations league and World Cup qualifiers. Clubs must use CAS as their first option of pursuing claims. Hearts and Thistle have really opened a can of worms and are really in the ****. The SPLF will respond vigorously within the next week and then the retreat will begin from Hearts. £8m is laughable but is deliberately high to try and get a few hundred thousand. Cases get settled all the time because it’s cheaper than running them even if you believe you’ve got a good case. But settling the case does not solve the SFA problem or Hearts and Thistles potential punishment.

that the principle but i haven't seen any action in regard of the French court case in this way from the French league or UEFA

where'stheslope
18-06-2020, 09:15 AM
Says in this mornings paper, no one has asked for the season to be delayed yet!
The SPFL have 1 week to get back to them on their exuberent claims, if unsuccessful then they can take it further???
Courts never like ganging up on others, it could get messy!!!

nonshinyfinish
18-06-2020, 09:19 AM
If the SFA don’t take action against them then UEFA will take action against the SFA. UEFA always go after the associations rather than clubs. Scotland could be banned from the play offS for UEFA championship and the Nations league and World Cup qualifiers. Clubs must use CAS as their first option of pursuing claims.

Does anyone know how this works in practice?

Does it mean that your first (and only?) court action must be to CAS? Or is there a lower court that's part of the same system? My vague memory is of reading about 'appeals' being heard by CAS so in my head I saw it as a higher court that gets involved later in the process. Is that wrong?

As mentioned above, what about the French/Belgian cases that appear to have gone through those countries civil courts (or equivalent)? Are UEFA just waiting to see the final outcome before they do anything? Or is this UEFA rule being misunderstood?

neil7908
18-06-2020, 09:21 AM
Get rid of them both. Tired of all this dragging on.

mal
18-06-2020, 09:28 AM
Does anyone know how this works in practice?

Does it mean that your first (and only?) court action must be to CAS? Or is there a lower court that's part of the same system? My vague memory is of reading about 'appeals' being heard by CAS so in my head I saw it as a higher court that gets involved later in the process. Is that wrong?

As mentioned above, what about the French/Belgian cases that appear to have gone through those countries civil courts (or equivalent)? Are UEFA just waiting to see the final outcome before they do anything? Or is this UEFA rule being misunderstood?

https://disciplinary.uefa.com/casdecisions/

I think this is the relevant part:

"However, as Article 63 of the UEFA Statutes establishes, the CAS is not competent to deal with (i) matters relating to the application of a purely sporting rule, such as the Laws of the Game or the technical modalities of a competition, (ii) decisions through which a natural person is suspended for a period of up to two matches or up to one month, or (iii) awards issued by an independent and impartial court of arbitration in a dispute of a national dimension arising from the application of the statutes or regulations of an association."

nonshinyfinish
18-06-2020, 09:35 AM
https://disciplinary.uefa.com/casdecisions/

I think this is the relevant part:

"However, as Article 63 of the UEFA Statutes establishes, the CAS is not competent to deal with (i) matters relating to the application of a purely sporting rule, such as the Laws of the Game or the technical modalities of a competition, (ii) decisions through which a natural person is suspended for a period of up to two matches or up to one month, or (iii) awards issued by an independent and impartial court of arbitration in a dispute of a national dimension arising from the application of the statutes or regulations of an association."

Meaning that the UEFA angle is a red herring?

mal
18-06-2020, 09:39 AM
Meaning that the UEFA angle is a red herring?

That would be my interpretation of the above.

nonshinyfinish
18-06-2020, 09:43 AM
That would be my interpretation of the above.

Thanks. :aok:

Diclonius
18-06-2020, 09:45 AM
Suspension, then demotion, then expulsion, in that order, if they continue to refuse to stop legal action.

Keith_M
19-06-2020, 08:06 AM
How should the SPFL respond to Hearts' threats?

So, it looks like we're starting to find out...


:greengrin


Hearts and Partick Thistle could face SFA hammering as Clare Whyte probes £10m compensation demand (https://www.dailyrecord.co.uk/sport/football/football-news/hearts-partick-thistle-could-face-22216733)

lucky
19-06-2020, 08:43 AM
The anti is about to be upped the SPFL, SFA and the other clubs. So far Budge has been the one to try and control the media narrative through her BBC puppets but as all bullies find out there are always bigger and meaner people around waiting on you. The £10m claim and threat to stop football has made them piranhas within Scottish football.

Cabbage East
19-06-2020, 08:48 AM
For those that don't want to click the link





Hearts and Partick Thistle could be hammered by the SFA after holding a £10million gun to the heads of the rest of Scotland’s clubs.

Record Sport understands compliance officer Clare Whyte is currently assessing if the M8 alliance has broken the articles of association by threatening to drag the SPFL into the Court of Session unless they are spared from relegation.

Both clubs have lodged joint papers at Edinburgh’s Court of Session with Hearts demanding an £8m compensation package and Thistle looking for a £2m parachute payment if they are forced to drop down the divisions as a consequence of the coronavirus crisis.

They are also threatening to take out an interdict to prevent the top flight from starting up on August 1 unless their demands are satisfied.

The unprecedented move has provoked a furious response from clubs across the country and yesterday the top brass on Hampden’s sixth floor were busy examining their own rule book to establish if Hearts and Thistle should be dragged up on a charge.

Under article 99 entitled ‘Resolution of Disputes between Members’ the SFA insist any such dispute should be brought before the governing body for arbitration rather than taken into the law courts.

It is also made clear that any club wishing to raise a legal action at the Court of Session must ask for permission from the SFA before doing so.

It reads: “A member, an associated person and/or the SFA shall not take a SFA Dispute to a court of law except with the prior approval of the Board.”

Now Whyte could be set to wade into the civil war which has been ripping through the Scottish game since it was forced into lockdown in March.

Under the rules, any breach of the articles of association is punishable by a raft of sanctions including ranging from fine up to ‘suspension’ and even ‘expulsion’.

The rules state: “A recognised football body, club, official,Team Official or other member of Team Staff, player, referee or other person under the jurisdiction of the SFA if found to have infringed the Articles shall be liable to censure or to a fine or to a suspension or to an expulsion or to ejection from the Challenge Cup Competition, to any combination of these penalties or such other penalty, condition or sanction as the Judicial Panel considers appropriate.”

Meanwhile, Record Sport understands back channel talks between outraged clubs continued yesterday in the wake of the legal move with the potential for a formal request for a vote on whether Hearts and Thistle should be expelled from the SPFL on the table.

One Premiership club told us last night: “There are a lot of discussions going on behind the scenes and the anger is palpable.

“I’ve never known so many clubs to be united by such a sense of fury.”

eastmainsmsh
19-06-2020, 08:56 AM
Demote them to the lowland league Gretna and Rangers were hung out to dry so why not them

calumhibee1
19-06-2020, 09:05 AM
Well done the SFA. Now follow through on it, please.

Onion
19-06-2020, 09:14 AM
The anti is about to be upped the SPLF, SFA and the other clubs. So far Budge has been the one to try and control the media narrative through her BBC puppets but as all bullies find out there are always bigger and meaner people around waiting on you. The £10m claim and threat to stop football has made them piranhas within Scottish football.

Love that !

Spike Mandela
19-06-2020, 09:24 AM
The SFA won’t do anything. They did nothing when Rangers took them to the Court of Session.

It’s all hollow threat with the SFA.

Onion
19-06-2020, 09:30 AM
For those that don't want to click the link





Hearts and Partick Thistle could be hammered by the SFA after holding a £10million gun to the heads of the rest of Scotland’s clubs.

Record Sport understands compliance officer Clare Whyte is currently assessing if the M8 alliance has broken the articles of association by threatening to drag the SPFL into the Court of Session unless they are spared from relegation.

Both clubs have lodged joint papers at Edinburgh’s Court of Session with Hearts demanding an £8m compensation package and Thistle looking for a £2m parachute payment if they are forced to drop down the divisions as a consequence of the coronavirus crisis.

They are also threatening to take out an interdict to prevent the top flight from starting up on August 1 unless their demands are satisfied.

The unprecedented move has provoked a furious response from clubs across the country and yesterday the top brass on Hampden’s sixth floor were busy examining their own rule book to establish if Hearts and Thistle should be dragged up on a charge.

Under article 99 entitled ‘Resolution of Disputes between Members’ the SFA insist any such dispute should be brought before the governing body for arbitration rather than taken into the law courts.

It is also made clear that any club wishing to raise a legal action at the Court of Session must ask for permission from the SFA before doing so.

It reads: “A member, an associated person and/or the SFA shall not take a SFA Dispute to a court of law except with the prior approval of the Board.”

Now Whyte could be set to wade into the civil war which has been ripping through the Scottish game since it was forced into lockdown in March.

Under the rules, any breach of the articles of association is punishable by a raft of sanctions including ranging from fine up to ‘suspension’ and even ‘expulsion’.

The rules state: “A recognised football body, club, official,Team Official or other member of Team Staff, player, referee or other person under the jurisdiction of the SFA if found to have infringed the Articles shall be liable to censure or to a fine or to a suspension or to an expulsion or to ejection from the Challenge Cup Competition, to any combination of these penalties or such other penalty, condition or sanction as the Judicial Panel considers appropriate.”

Meanwhile, Record Sport understands back channel talks between outraged clubs continued yesterday in the wake of the legal move with the potential for a formal request for a vote on whether Hearts and Thistle should be expelled from the SPFL on the table.

One Premiership club told us last night: “There are a lot of discussions going on behind the scenes and the anger is palpable.

“I’ve never known so many clubs to be united by such a sense of fury.”

10 weeks of grandstanding by the worst run club in the Championship is about to catch up on them.

Ozyhibby
19-06-2020, 09:34 AM
Does anyone know how this works in practice?

Does it mean that your first (and only?) court action must be to CAS? Or is there a lower court that's part of the same system? My vague memory is of reading about 'appeals' being heard by CAS so in my head I saw it as a higher court that gets involved later in the process. Is that wrong?

As mentioned above, what about the French/Belgian cases that appear to have gone through those countries civil courts (or equivalent)? Are UEFA just waiting to see the final outcome before they do anything? Or is this UEFA rule being misunderstood?

You should appeal to the SFA first. They haven’t even done that.


Sent from my iPhone using Tapatalk

nonshinyfinish
19-06-2020, 09:36 AM
You should appeal to the SFA first. They haven’t even done that.


Sent from my iPhone using Tapatalk

So the approved process is take your grievance to your local FA, then appeal to CAS if necessary?

Ozyhibby
19-06-2020, 09:37 AM
The SFA won’t do anything. They did nothing when Rangers took them to the Court of Session.

It’s all hollow threat with the SFA.

Yes, and Hearts know this. It’s another consequence of not dealing with Rangers properly. Anything goes now in Scottish football.


Sent from my iPhone using Tapatalk

Joe6-2
19-06-2020, 09:50 AM
Showing once again their concern for Scottish football, hinting at forcing a delay to football start (more blackmail)
Also proving money is the only concern with the £8 million figure, they aren’t bothered about relegation, just money!!
Trash!

Caversham Green
19-06-2020, 09:51 AM
So the approved process is take your grievance to your local FA, then appeal to CAS if necessary?

I'm struggling to make sense of the rule quoted by Mal above, but the way I read it is that the CAS can't overrule a decision already made by a 'local' court of arbitration if the matter ruled upon relates to general national matters rather than sporting ones. The Court of Session is not a court of arbitration and I think the SFA rule precludes HoMFC taking their case to any Scottish/UK court of arbitration since the dispute is not related to non sporting matters.

I think the courts that initally heard the French and Belgian cases were courts of arbitration and the matter was a national one because it was government rulings that curtailed their respective leagues.

northgreen24
19-06-2020, 01:38 PM
The SFA might have not done anything against The Rangers but this is going to effect the Old firm cash cow, I couldn’t care less about them but the statement about leaving an interdict on the table was a threat and the problem with threats is people take them in different ways, we all think compensation but when you go down this path you have 40 other
Clubs who adhere to the members rules so might think we need to move on and if these 2 don’t accept, while of course if unfortunate Might be best they are suspended

Now UEFA have dates for Europa league etc this cant continue and now bigger than poor hearts and Partick who seem to forget had they not been rubbish would have been fine but it’s all everyone else fault

Must be 15m now they are seeking