Hearing adjourned Rovers left to play

DUNDEE United and Raith Rovers have been left in promotion limbo after a hearing to decide whether Hearts and Partick Thistle’s case against relegation should proceed was adjourned.

Presiding judge, Lord Clark, is considering motions to terminate or suspend the case so it can go to arbitration.

The lawyer representing promoted clubs United, Rovers and Cove Rangers – Garry Borland QC – called for the case to be thrown out of the Court of Session while the SPFL’s representative, Gerry Moynihan QC, argued it should be “sisted”.

They want Lord Clark to refer the case to an arbitration panel set up by the SFA.

However, the petitioners (Hearts and Thistle) have argued that arbitration could lead to costly delays in settling the case, which began via video link yesterday – exactly a month before the Scottish Premiership season is scheduled to start.

The Jam Tarts and the Jags launched a legal bid to scrap promotion and relegation this season after several attempts at league reconstruction failed to halt them slipping down a division, along with Stranraer, following a vote by clubs on April 15 to curtail the season in the wake of the coronavirus pandemic.

United and Rovers’ lawyer, Mr Borland QC, argued clubs are “contractually obliged” to comply with SPFL rules and SFA articles, and that the row is a “football dispute”, which is required by said articles to be settled by arbitration.

He added that rules state: “Members may not take a football dispute to a court of law except with prior approval of the Scottish Football Association board”.

Borland argued it is feasible for arbitration to take place in time for the new season kick-off and blamed Hearts and Thistle for timing problems, given they waited two months to launch legal action.

He dismissed claims from the two clubs that they have the right to pursue the matter in the courts, and also that the case is not technically a “football dispute”, as defined in SFA article 99.

“It is obvious that the present dispute arises out of and relates to association football,” Mr Borland QC said.

“The contention of the petitioners