THE FILES: FULL STORY OF DRAMATIC DAY:
Judge demands full disclosure as Doncaster & Co are told they must hand over Dundee dossier
All of the documents are of relevance ... I am seeking to assist
LORD CLARK ASKS SPFL TO HAND OVER DOCUMENTS
THE SPFL have been ordered to hand over the files that document the downfall of Hearts and Partick into lower leagues.
Lord Clark has told the M8 Alliance to resolve their differences with the league through SFA arbitration, rather than an open court.
His ruling is a blow to the clubs that were relegated when Dundee controversially changed their vote on April 10 and ultimately allowed the leagues to be called early.
However, Hearts and Thistle have been boosted by the judge’s decision to demand the SPFL release all the documents relating to the contentious Good Friday resolution.
Lord Clark said: “The approach I take to the recovery of documents in a dispute of this nature, significance and urgency is to require the parties to put their cards on the table.”
The league had argued against it, claiming the information was commercially sensitive and could damage the SPFL’s business – particularly its broadcast agreements.
However David Thomson QC, representing the petitioners, said the documents would allow his clients to “interrogate” the SPFL’s decision to have them relegated and help them understand the circumstances surrounding Dundee’s controversial vote.
Lord Clark agreed and said: “I can see some force in the submission that the terms of the order sought are wide and that there may be some issues about the relevancy of some of the documentation sought to be recovered.
“However, having considered the submissions and the calls set out in the specification of documents, I am satisfied that all of the documents are of potential relevance to the issues to be determined.
“Far from in any way usurping or interfering with the (SFA) tribunal’s powers, I am seeking to assist.
“I regard it as appropriate that I ensure the parties and the arbitral tribunal are given full and proper disclosure of all material relevant to this claim.
“These issues require to be determined with real
BY GARY RALSTON expedition. Any issues of confidentiality can be dealt with in accordance with the normal practice of the court.
“Documents will be produced in an encrypted password protected file and if there is any legal issue that can be addressed before the court.
“Of course, any documents recovered will be subject to the restrictions as to their use which is made clear in the authorities.”
The judge also dismissed an argument that Hearts and Partick should have brought the matter to court earlier.
The clubs have been accused of holding Scottish football to ransom as they seek to have their relegations halted, or see the SPFL hit with a £10million compensation order.
But Lord Clark said: “I should say that I do not accept the submissions made on behalf of those parties to the effect that any delay in these proceedings lies at the door of Hearts and Partick Thistle.
“On the contrary, those clubs were faced with the decision in mid-April which would result in their relegation, which they say could readily have been avoided if the league was played out, and which plainly will have drastic financial and other consequences.
“Quite understandably, rather than raising a legal action or proceeding to arbitration the opportunity was taken, which the SPFL actively facilitated, to try to obtain a reconstruction of the leagues which would result in their relegations not occurring.
“It would make no commercial sense for Hearts and Partick to have raised proceedings while the issue of reconstruction was ongoing.
“As I understand it, the present petition was raised within a couple of days of reconstruction proposals failing.
“I do not blame the petitioners for not raising proceedings or seeking arbitration whilst that important and potentially crucial alternative was available and was actively being facilitated by the SPFL.”
Three arbitrators are now set to be appointed and will be headed by an experienced lawyer or a judge and will be independent from the SFA.
Lord Clark said the matter needed to be resolved quickly and added: “We are now just 28 days away from the start of the football season and in my view every effort must be made to resolve this before then.
“While there are a number of admissions made in the pleadings on behalf of the SPFL and Dundee United, Raith Rovers and Cove Rangers, there are still significant issues in dispute.”
Lord Clark announced his decision to kick the case back to the SFA on Friday afternoon following three days of proceedings via video link.
Hearts and Partick Thistle had argued that the ‘significant and legitimate’ public interest in the case meant it was appropriate to be heard in open court.
But Lord Clark ruled public interest did not trump the fact all clubs sign up to the SFA articles of association and the game’s governing body was the best place to oversee the case.
Hearts and Thistle had also raised concerns that the arbitration process would ‘inevitably’ delay matters ahead of the new season, but Lord Clark expects judgement in the case by August 1 – or else.
He 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.
“Indeed, as I understood it, their clients are reasonably confident that it can be.
“If difficulties arise with whether the arbitration tribunal is able to deal with the issues in the time available and the parties change their minds and wish the court to deal with, time will be made available for that to happen.”