United left in promotion limbo as options considered

to the contrary is fanciful.

“What they are attempting to do is stop relegation and promotion, which has been decided. Promotion and relegation are fundamental parts of football. They are the meat and drink of football.”

SPFL QC Gerry Moynihan argued arbitration could cut through the “legal noise” and get to the heart of the matter swiftly.

He pointed out it is a disciplinary matter under SFA rules to raise court proceedings, with potential punishments including termination of membership or: “To use a Glasgow expression, you’re out the game.” He claimed it could even be a disciplinary issue for the promoted clubs and the SPFL to continue with the case.

That claim was described as “fanciful” by David Thomson QC, for Hearts and Thistle, given the SFA articles only refer to those who “take” action.

In his introductory comments, Thomson claimed attempts in the SFA articles to prevent parties going to court are unlawful and, besides, that both clubs had done everything to avoid that by pursuing reconstruction.

He claimed the process of setting up an arbitration panel by identifying, nominating and checking the availability of panellists will inevitably lead to a delay, given there are two 14-day periods associated with the procedure.

“The court can deal with this,” he added. “The alternative is to go down a route which has not commenced yet.”

He claimed it was “surprising” to hear his opponents argue that the case was best left to football authorities, given any arbitration panel would be made up of retired sheriffs for example.

The hearing will continue at 2pm today.