Thanks, nicely critiqued. Just as well you're not a Jambo, they would never have understood any of that on BrokebackQuote:
That is not the point I am making. The league may be suspended at present but no club has exercised C12 anywhere in Scotland.
Having now been empowered to end the SPFL season they have ended the Championship, L1,L2. They defered doing so for The Prem until the UEFA meeting yesterday, at which Belguim and Scotland made representations to allow them to end their seasons as stand.
Uefa confirmed the criteria and both Scotland and Belguim meet one or both.
The League should therefore be called as is at the SPFL Board meeting on Monday. If teams use any delay to invoke C12 then the SPFL, as a members organisation, could be seen to be colluding with its member(s) to unlawfully deny a player his rightful payment or to have done so to avoid the nullification of said contract due to non-fulfilment of a material condition.
That said C12 will in itself be a contentious issue challengeable in court on the grounds that it is an unreasonably onerous condition imposed by an individual or organisation, not a party to the contract, which in effect represents s restriction to trade under EU Law, still applicable in the transition period.
Additionally in commencing a court action against say HMFC and others the pursuer can ask that the defender place bond to cover the pursuers costs should the defender lose. In light of say HMFC's parilous finance a Sherrif at stage one may make an order to that effect.
Budgie is dicing with disaster if she thinks she can go down this route without serious risk to the company (HMFC) and the SPFL wont want to be party to an action that could financially penalise its members.
Not saying it could, would or should happen just demonstating a potential scenario the PFA and its members might seek to pursue.