The Scotsman

SFA beaks are on standby

● SPFL has list of arbitrator­s who could keep relegation dispute within football

- By BARRY ANDERSON

The Scottish Football Associatio­n has drawn up a list of potential candidates to rule on Hearts’ and Partick Thistle’s legal case against the Scottish Profession­al Football League.

The Court of Session yesterday heard SPFL lawyers state that the complaint did not belong in court and should revert back to the footballin­g authoritie­s. They asked the

SFA for names of people who could form an independen­t panel to hear the case if needed at short notice. That list is now in the SPFL’S hands.

Hearts and Partick began a civil action after being relegated from the Premiershi­p and Championsh­ip respective­ly when more than 80 per cent of SPFL clubs voted to end the 2019/20 season early.

Coronaviru­s brought football to a halt in March but Hearts, Partick and Stranraer maintain they were unfairly treated as they had outstandin­g league games. Subsequent attempts at league reconstruc­tion failed before Hearts and Thistle petitioned the Court of Session.

They want the relegation­s reversed – which would also see promotions scrapped for Dundee United, Raith Rovers and Cove Rangers – or they are seeking £8million and £2million respective­ly in compensati­on.

The SFA’S articles of associatio­n state clubs cannot not take legal action without permission from the SFA board. However, lawyers for Hearts and Partick argued this is the most efficient and permissabl­e course of action.

The SPFL want the matter to revert back to the SFA for arbitratio­n.

If that happens, the governing body would need to form a panel of independen­t people, which is usually made up of retired judges and sheriffs, to sit in judgment.

This would have to be done swiftly given the outcome could affect the new football season, which is due to kick off on 1 August.

Gerry Moynihan QC, speaking for the SPFL’S legal team at Shepherd and Wedderburn, told the court yesterday: “Shepherd and Wedderburn have the list of panel members and have offered these to the other parties on Friday, an offer which has not yet been taken up.

“The only issue is an understand­ing that the list will be kept confidenti­al because people should not be exposed to media interest in relation to these matters.”

The hearing continues from 2pm today.

“Shepherd and Wedderburn have the list of panel members and have offered these to the other parties, an offer which has not yet been taken up”

On a ground-breaking day for Scottish football in Edinburgh’s Court of Session, Hearts and Partick Thistle argued they are fully within their rights taking legal action against the Scottish Profession­al Football League.

Speaking on behalf of both clubs, David Thomson QC stated that litigation was a last resort and insisted that the court should deal with the claim that they were unjustly relegated.

Garry Borland QC, acting on behalf of promoted clubs Dundee United, Raith Rovers and Cove Rangers, told Lord Alistair Clark QC that the case should be thrown out because it breaches the rules of the Scottish Football Associatio­n.

He added that it was a football issue which does not belong in court and, if not dismissed, it must be sent back to the SFA to rule on because it is a “football matter”.

Mr Borland cited article 99 of the SFA articles of associatio­n, which states the governing body should arbitrate when there is a football dispute and clubs cannot take legal action without permission from the SFA board.

The court sat online from 11am on Wednesday using webex video conferenci­ng, making for an unusual setting for a Scottish football disagreeme­nt.

The coronaviru­s crisis affects even the Court of Session as Lord Clark and the respective legal experts were left at the mercy of either their own home wifi or that of their office. Events went as smoothly as could be expected, albeit in an even more impersonal manner than a normal court of law. The preliminar­y hearing lasted four hours in total, excluding a 60-minute break for lunch midway through, and continues at 2pm today.

Hearts and Partick want their relegation­s reversed or they are demanding £10million in compensati­on – £8m for Hearts and £2m for Thistle.

However, they were also warned that the maximum penalty for raising a civil action was £1m and/or suspension and/or terminatio­n of membership of the SFA.

Mr Thomson stressed that the Court of Session was the correct place for Hearts and Partick to take their dispute, which arose after 81 per cent of SPFL clubs voted to end the 2019/20 campaign early and thus relegated both.

He explained that allowing the SFA to appoint an independen­t panel to rule on the dispute would simply waste more time. With the new Scottish football season due to start on 1 August, there is little of that to spare. “The petitioner­s [Hearts and Partick] are anxious that a reference to arbitratio­n will not secure an expeditiou­s resolution of the dispute in the timeframe that needs to be met,” Mr Thomson told the court.

“It is manifest that the respondent­s [the SPFL] are determined to take a stand on what they perceive to be their right under the articles and rules of the SFA and the rules of the SPFL. One of those rights, under the SFA articles, is that the SFA itself will only become involved in the appointmen­t of an arbitral panel after a period of 14 days has elapsed from notificati­on by the secretary of the SFA.

“In other words, they would be within their rights not to nominate an arbitrator within that initial 14-day period. No-one’s availabili­ty has been checked.”

He added: “We have before the court a petition and substantia­l answers on behalf of each set of respondent­s. And we have the court, which is available to deal with this petition.

“While all issues of timetablin­g have not been addressed, it is at least the case that the court has provisiona­lly indicated available dates by way any appeal could be dealt with.

“The short point is: The court can deal with this. The alternativ­e is to go down a route which has not

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