WE WON’T GIVE UP DROP FIGHT
Jambos & Jags’ defiant vow as dispute goes to SFA panel
HEARTS and Partick Thistle have vowed to keep fighting the SPFL in their battle over relegation.
Tynecastle and Firhill chiefs remained defiant last night despite losing their bid to have the matter settled by the courts.
After hearing three days of submissions, Lord Clark informed Hearts and Thistle their case against each being sent down a division by the votes of member clubs to end the 2019/20 season early and settle tables on a points per game basis must go to an independent arbitration.
The two clubs were told it was a matter for football to act
FROM BACK PAGE upon and it be placed in the hands of a threeman panel convened by the SFA.
However, in a joint statement which they issued last night, Hearts and Thistle made it clear they had reasons to be encouraged and are still firmly in the fight.
It read: “Lord Clark found in our favour in two motions while we were unsuccessful in one.
“While denied the opportunity for a public hearing in court this simply means we now pursue the same outcome in a different forum.
“Importantly, we were successful in the motion to get access to a number of documents that will be key to support our case in arbitration.
“Both clubs are also pleased to have received a fair hearing and feel it important to point to Lord Clark’s words that: I do not blame the petitioners for not raising proceedings or seeking arbitration whilst that important and potentially crucial alternative (of reconstruction) was available and actively being facilitated by the SPFL.
“We promised our supporters that we would fight for them and we shall continue to do so.”
Hearts and Thistle have to pay half of the SPFL’s legal costs while the three promoted clubs, Dundee United, Raith Rovers and Cove Rangers, suffered a blow after their motion to have the case dropped was rejected by Lord Clark.
Hearts and Thistle’s QC David Thomson was also successful in winning a claim to recover documents from both the SPFL and the three clubs to help prepare their case.
Lord Clark said in his ruling: “I accept entirely, as Mr Thomson submitted, that the media and the general public have a great interest in this dispute and would prefer to have the issues aired in open court.
“However, as a matter of law, the parties have agreed to the terms of SFA articles of association and to be bound by them. Accordingly, the SPFL and
Dundee United, Raith Rovers and Cove Rangers are entitled to invoke the arbitration provisions within these articles of association of the SFA, which will result in the dispute being dealt with by arbitration.
“I am not entitled as a matter of law to refuse the application on the grounds that the interest of the public in the dispute should override the agreement reached by the parties.”
Lord Clark believes the arbitration can begin swiftly with the top-flight due to start on August 1 and added: “While, for obvious reasons, I have not been given any absolute assurances on this matter, senior counsel for the SPFL and for Dundee United, Raith Rovers and Cove Rangers have each submitted that there is no reason to conclude that the matter cannot be dealt with in arbitration before August 1 and indeed, as I understood it, that their clients are reasonably confident that it can be.”
A spokesman for the SPFL said: “We welcome today’s decision at the Court of Session that this case should be dealt with under the Scottish FA’s arbitration process. We will now prepare.”
United, Raith and Cove last night welcomed the decision.
A joint statement said: “Whilst we remain very disappointed and unhappy at the fact that we have been drawn into this dispute, we will continue to defend our clubs’ interests.
“The parties will now prepare for arbitration and we very much look forward to an early resolution to allow us to fully focus on the new season ahead.”