Vote to end season could harm legal bid
A TOP sports lawyer insists Hearts are in for a difficult ride should they choose to take legal action against the SPFL following the resolution to end the season early.
Chairman Ann Budge has threatened court proceedings following her club’s ‘unjust’ relegation to the Championship. However the circumstances surrounding the issue – namely the coronavirus pandemic – have created a situation that could make success difficult.
David Winnie, a former Hearts and Aberdeen defender, now works as a lawyer with London firm Charles Douglas Solicitors and says his former side would struggle to make a valid case against their relegation, especially after the decision to end the current campaign was unanimous and the capital club voted in favour themselves. Mr Winnie believes that may be one of the biggest factors which could work against Hearts in court, should it go so far.
“It would depend on the wording on the resolution as to what ending the season would entail,” Winnie said. “[Did Hearts vote for the league ending] with a view to reconstruction? That’s something that, if Hearts are to commence proceedings, that would probably come out. It would certainly be asked, ‘Why did you vote for this?’. I don’t know what was tabled exactly, but it’s an argument that could be used against Hearts.”
If the Gorgie club have any chance of winning a potential case against the SPFL, Winnie believes it could come down to Dundee’s phantom ‘no’ vote. Another potential route to legal victory could be that each club voted for the end in their own best interests. That, according to Winnie, could be viewed as going against their contractual obligation to act with a duty of care towards the other members.
“I really feel for them in this situation,” he added. “It’s one that none of the other clubs in the Premiership would want to find themselves in. In any other set of circumstances it would be fairly straightforward but we’re in fairly unprecedented times. You can’t account for what has happened but I think the SPFL and its members have made the right decision under the circumstances.
“If clubs are honest about it, there’s no other viable alternative than to call it a day. If Hearts were therefore to go down a legal route, what cause of action would they have? If it’s found the voting process on the resolution that Dundee was involved in, if the process was wrong or done in an improper fashion, that might have been Hearts’ best shot.
“Another potential avenue, albeit a slim one, is that each club is a member so they have a contractual agreement with the SPFL and each other. They’ve got a duty to act towards each other in the utmost good faith. With this points-per-game basis, if clubs are voting on that in their own self-interest, potentially they’re not acting in utmost good faith towards other clubs. It’s a difficult one, it would be a difficult argument to run.
“They could possibly legally object that the resolution is unfairly prejudicial to its interest. Here, potentially, you could suggest that Hearts have been relegated, they’ll lose millions from this and the vote has been prejudicial. It is difficult to run but could be seen that way because they’ve been relegated as a result of points-per-game.
“If they go to the Court of Session in Edinburgh, I think monies have already been paid to clubs but they could maybe seek an interim interdict to have things frozen while the case is considered. They are going to go to court to seek damages in any event, whether it’s for monies lost as a result of the decision.”
SO, John Docherty, any interest in being part of Eddie Hearn’s typically extravagant plans to restart boxing in the back garden of his family mansion? Oh, go on then.
With little prospect of fans being allowed inside arenas for the foreseeable future, the Matchroom mogul’s response to the closed doors requirements has been to look to stage televised bouts on the 15-acre piece of land behind the Essex home he grew up in that now serves as his business headquarters.
The idea and the location are both hugely appealing to Docherty. The Montrose super-middleweight trains out of Tony Sims’ gym not far from the Hearn stately pile and is desperate to get back into the ring, regardless of the where and when.
Having chalked up an eighth successive victory in February, the 22 year-old remains as hungry as ever to become British champion as quickly as is humanly possible.
Part of the Matchroom stable since turning professional in 2018, the undefeated Docherty knows all about Hearn and his desire to keep boxing in the spotlight. And being involved in the Fight Camp events planned for July and August would be the ideal way to get his career up and running again after this temporary pause.
“I’ve been reading about Eddie’s plans and it sounds brilliant,” he said. “I’d be up for that. One of the guys at our gym had a press conference there once and did a work-out and he says the facilities are brilliant. Plus my gym is only two miles from there so from that side of things it would be perfect to fight there if I can get on one of the cards that he’s planning.
“Eddie Hearn always pulls something special out of the bag and that’s why I signed with him. He’s one of the biggest promoters in the sport so it’s no surprise that he’s come up with this plan. I just hope he can now pull it all off and make it a reality. Tony has a great relationship with Eddie so they’re in contact all the time. If I get the shout to fight then I’ll make sure I am ready to go.”
Like most boxers, Docherty’s recent regime has seen him pounding the pavements rather than the usual sparring or work in the gym.
“I’ve been trying to do as much training as I can during lockdown to keep my fitness up,” he added. “I’ve been doing long runs and sprints, and my coaches have been on the phone every day giving me advice, too.
“But I’m missing sparring, pad work and just being around the boys in the gym. Hopefully that will all be back soon.
“Once I’m back in the gym Tony will need five or six weeks working with me and then I should be in good shape to fight again, whether that’s in July or maybe August. I’d imagine with the lack of travel at the moment it will probably just be English boys so it should be a good match-up whoever I’m fighting.”
The venue and lack of crowd won’t be the only unusual factors in Docherty’s eventual return. Boxers will be tested and then quarantined in the buildup to their fight, everyone will have to wear protective equipment and the fighters will be asked not to spit in the ring where possible.
“It is what it is,” added the boxer who won Commonwealth bronze for Scotland two years ago. “They have to do whatever they can to get the sport going again. I agree with the no spitting rule but that’s going to be hard to control. But I’ll do whatever it takes to get back out again. I’d fight in a phonebox if they asked me. Before lockdown we were talking about me having two more fights and then a shot at the British title.
“That might be delayed if there are no title fights behind closed doors but I’m still confident that when the time comes I’ll become British champion. That’s my next big goal.”
Pre-lockdown there was another Scottish accent alongside him in the gym most days. Ricky Burns remains an inspiration at the age of 37 and Docherty can think of no better person to learn from as he pursues his own dream of one day winning a world title of his own.
“Ricky is unbelievable,” he added. “His mindset for the boxing game is second to none and he still trains as hard as ever. That’s why he became a threeweight world champion. I’m honoured to work alongside him. We’ve got a few champions in our gym and every Christmas they get a photo together. I’ve never been in one yet so that’s something I need to put right soon. I need to win a belt of my own.”