Winnie rates old side’s chance of legal success at no better than 50:50
Former Hearts defenderturned-sports lawyer David Winnie says it will be win or bust for his old club in their bid to win £8-million compensation from the SPFL.
The Edinburgh club – along with Partick Thistle who are looking for £2m – filed a petition at the Court of Session after the leagues were called early.
They want to block the planned promotions and relegations from being introduced ahead of the 2020-21 campaign’s kick-off on August 1.
Failing that – and it is highly unlikely to happen – they want cash.
And Winnie, head of sports law at Mayfair-based Charles Douglas Solicitors LLP, says with costs also being claimed, the total figure could rise way above £10m.
Lose, and it could be the Jambos and Jags who find themselves being sued for seven-figure sums.
“Is it a risky strategy? Yes, very much,” said Winnie.
“They are going for broke, really, with this one.
“If Hearts and Thistle get judgment in their favour, what is that going to do to the league? It is going to throw it into chaos.
“Even in the event they don’t get that and they get payment of £8m (to Hearts) and £2m (to Thistle)?
“If the court is minded to give them that financial sum, then how are the clubs going to pay for that? Because ultimately that is where the money is going to come from.
“It could be a conservative figure, too, because if they get that part judgment, Hearts are going to ask for their costs.
“I have heard various figures – and they have only been going up the way.”
“Have Hearts and Partick Thistle got a real chance? I don’t know. I would put it at no more than 50:50.
“I can fully understand why Hearts have gone down this route. They have nothing to lose here.
“I think they are being conservative with it because if they go down into the Championship, there is no guarantee they are going to come straight back up.
“If not, then their losses are going to be compounded.”
Winnie’s one bit of encouragement for Scottish football fans, who have been dismayed by the bitter infighting of the summer, it that he believes the legal wrangle should be over soon.
“Listen, no one wants this dragging on to the end of August, September,” he said.
“Generally, in something of this nature, you could be looking at anything up to a year for it to rumble through the courts.
“But given the urgency, given the league is starting, they have asked for it to be expedited so it goes into a timetable with the court where it will be done in a speedy fashion
“All parties will want a swift resolution to this, so everyone will try to facilitate that.
“There might be a situation where they come to a settlement – on the steps of the court as it were – whereby the SPFL reaches a settlement with Hearts and Partick Thistle.
“For that to happen, they would need to get the agreement of the other 40 clubs! They have seven days in which they can accept the claim – which they are not going to do – or they can defend it.
“Once we get a response, the court will have a look at this, and they will either say we have the jurisdiction to look at this, or they will boot it back to the SPFL.
“The latter would waste time which the clubs – and the SPFL – don’t have.
“Hearts and Thistle want this fast-tracked.”
Winnie, a Scottish Cup winner with St Mirren in 1987, admitted to being at a loss as to why the SFA had not got involved.
“I would have thought that by now the Compliance Officer would have had words with both over why they are taking their action.”