Lawyer Winnie questions whether clubs have acted with the utmost good faith
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this week when the final attempt at league reconstruction failed.
Winnie, pictured, who had a spell as a Hearts player, told Sky Sports: “Have they got a chance? Certainly. Is it 100 per cent? Definitely not. There’s a whole host of problems in front of them and it’s not certain by any manner of means that they will be successful.
“They could be losing anything up to £7-8 million, as I’m hearing, so the costs of that balanced against taking it to court, it’s a no-brainer.
“The starting point of this was the resolution back in April. I don’t think proper procedures were adopted and I think Dundee’s initial vote should have stood.
“Secondly, the clubs have a duty under the SPFL regulations to act with the utmost good faith towards each other. In this whole debacle, have they done that? For example, Dundee voted no, and after conversations with other clubs, they have been persuaded to change their minds. So what’s gone on? Have the clubs acted towards each other in good faith? It’s debatable.
“And lastly, as a minority shareholder in the SPFL, Hearts could I think rightly say they have been prejudiced against, because they have been relegated on a points-per-game basis. Clubs have been in worse positions and escaped. In a legal context, the court would have to look at it as a whole. Under the circumstances, have Hearts been relegated unfairly? The way I see it it’s an objective test, and they have a chance.” Hundreds of Hearts fans have joined fanownership vehicle Foundation of Hearts orincreasedtheircontribution since the club vowed to push ahead with legal action and the club have now invited direct donations by publishing bank details.
A club statement read: “Everyone at Hearts would like to say a massive thank you to our fans for all of the remarkable level of support and passion that they have shown.
“Almost 7,000 of you have now purchased season tickets for the 2020-21 campaign. Foundation of Hearts has also had exceptional backing from fans, with new pledgers joining every day. Since football stoppedtherehavebeenalmost 2000 new pledges, increased pledges or one-off donations.”