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