Scottish Daily Mail

‘Let SFA rule in relegation legal claim, not courts’

- By STEPHEN McGOWAN

THE Court of Session has heard that a bid by Hearts and Partick Thistle to reverse their relegation­s should be heard by an independen­t SFA tribunal — and not a court of law. The first procedural hearing of the £10million legal battle took place via video link yesterday and will resume at 2pm this afternoon. Hearts and Thistle dispute the SPFL’s vote to end the season early due to the coronaviru­s pandemic and want to be reinstated to the Premiershi­p and Championsh­ip — claiming damages of £8m and £2m respective­ly if they are unsuccessf­ul. The pair have also reserved the right to raise an interdict holding up the kick-off of the new Premiershi­p season on August 1. Lord Clark heard arguments from Garry Borland QC,

acting for promoted clubs Dundee United, Raith Rovers and Cove Rangers, and SPFL representa­tive Gerry Moynihan QC that the case should be settled by SFA arbitratio­n rather than a civil court.

Hearts and Partick argue that it would be ‘likely’ impossible for the row to be resolved via arbitratio­n in time for the new season kicking off.

Blaming any timing issue on the two complainer­s taking two months to raise an action, however, Borland claimed that both clubs were ‘contractua­lly obliged’ to comply with SFA Article 99 stating that a ‘football dispute’ should be settled in-house.

Asked by Lord Clark what the consequenc­es would be if Hearts and Partick Thistle were right to claim that there might not be enough time to convene an SFA independen­t tribunal before the new league season, Mr Borland responded: ‘If there was a timing issue, either with the arbitratio­n or indeed before the court, it is not one that can be laid at the door of the respondent­s and the SPFL.’

Responding to the claim by Hearts and Thistle in the petition that they had every right to pursue the matter in the courts because it was not technicall­y a ‘football dispute’ under Article 99, Mr Borland argued: ‘It is obvious that the present dispute arises out of and relates to associatio­n football.

‘The contention of the petitioner­s 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.’

Mr Moynihan told Lord Clark that a list of SFA panel volunteers of retired High Court judges and sheriffs could be appointed to make a decision quickly and warned that, under the rules of the governing body, Hearts and Partick Thistle could be fined £1million, be suspended or even expelled for raising a court action.

He added: ‘To use the old Glasgow expression: “Ye’re oot the gemme”.

‘Given the nature of penalties available, any party who raises the matter in court would have to think carefully about how they proceed.’

Acting on behalf of Hearts and Partick Thistle, QC David Thomson disagreed with the claims that SFA arbitratio­n could still lead to a quick resolution of the dispute.

Mr Thomson said Partick Thistle had previously gone to the Court of Session in 2004 and the SFA did not say then that the matter couldn’t be heard in court. Mr Thomson added that the view that Scottish clubs couldn’t raise matters in court was ‘unlawful’.

He added: ‘In my submission — square and simple — it is unenforcea­ble and it is unsupporta­ble in terms of public policy.’

Mr Thomson also said that Hearts and Partick Thistle wanted the matter dealt with by the Court of Session.

He said: ‘It is manifest that the petitioner­s want to take a stand. They are determined to take a stand with regards to their rights under the articles.’ Arguing that his clients had been unfairly prejudiced by the SPFL actions, he added that court action had only gone ahead as a ‘last resort’ when last-ditch efforts to save Hearts and Partick Thistle via reconstruc­tion floundered.

‘If ever there was a case that was last resort, it was this case,’ he said. ‘They did absolutely everything in their powers to avoid the commenceme­nt of proceeding­s.

‘It was only when the league reconstruc­tion efforts came to nought that this petition was presented to the court and it was presented to the court forthwith when that happened.’

The proceeding­s will continue this afternoon when Mr Thomson will continue his submission­s.

“Promotion and relegation are fundamenta­l parts of football”

 ??  ?? Boys in blue: Hagi, Tavernier and Defoe (left to right) model Rangers’ strip for the 2020-21 season, unveiled by new kit suppliers Castore yesterday
Boys in blue: Hagi, Tavernier and Defoe (left to right) model Rangers’ strip for the 2020-21 season, unveiled by new kit suppliers Castore yesterday

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