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The Judge Rules....

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From the Courier...

Lord Clark granted a motion from the SPFL and promoted clubs United, Raith Rovers and Cove Rangers that the relegated clubs’ Court of Session action be suspended.

The judge ruled that clubs were bound by SFA articles and SPFL rules to take such cases to arbitration.

A motion from the promoted clubs to dismiss the court proceedings entirely was dismissed.

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Does anyone have Wagner's number? I might need it.

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Anybody else confused 😬

From the Courier... Lord Clark granted a motion from the SPFL and promoted clubs United, Raith Rovers and Cove Rangers that the relegated clubs’ Court of Session action be suspended. The jud

Hearts to pay 50% of the SPFL's court costs, and United to have to pay for all of theirs in a case they probably shouldn't even be in. Love it.

Hearts to pay 50% of the SPFL's court costs, and United to have to pay for all of theirs in a case they probably shouldn't even be in. Love it.

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18 minutes ago, Deeboy08 said:

Have hearts and thistle still have a good chance of staying up?

Technically? Yes.

In the opinion of the majority? No.

The arbitration tribunal will be made up of 3 people: one chosen by the SPFL, one chosen by Hearts & Partick, and one independent lawyer/person of sufficient judiciary background agreed upon by the other 2 members. It will be a straight vote whether or not promotion and relegation will occur, but I can't see in any situation whatsoever that a neutral declares the teams being relegated have more of a right to stay up than the teams being promotion.

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29 minutes ago, Deeboy08 said:

Have hearts and thistle still have a good chance of staying up?

We all thought OJ was going down...

 

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22 minutes ago, rossbatchelor9 said:

Technically? Yes.

In the opinion of the majority? No.

The arbitration tribunal will be made up of 3 people: one chosen by the SPFL, one chosen by Hearts & Partick, and one independent lawyer/person of sufficient judiciary background agreed upon by the other 2 members. It will be a straight vote whether or not promotion and relegation will occur, but I can't see in any situation whatsoever that a neutral declares the teams being relegated have more of a right to stay up than the teams being promotion.

Given the complexity of the case, and claim of 'unfair prejudice' the judge has determined fairly strict selection criteria for the panel. He also ruled full disclosure of all documents, minutes, phone records and conversations etc.

Hearts can also still appeal the result to the Court of Session. 

Pretty good day for Hearts.

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1 minute ago, gblue said:

Anybody else confused 😬

I think the judge just said: "This is not a legal matter. It's a football matter."

Ignoring the financial side of things, I think this remains up in the air and will boil down to the opinions of 3 people so we're pretty much dark as regards to whether we'll face Hearts or United in the coming season.

I imagine the vote would go against Hearts simply because it would keep things simple and avoid chaos, but you never know.

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So Heart and Thistle had the case to go to court thrown out so they lost the court case? And have to pay court costs to SPFL, but they both still have chance of winning their arbitration case, If they win this arbitration case does SPFL have to pay their costs 🤔

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I don't think it actually says they can 'appeal' the decision.....

 

I shall also grant the motion made by the other parties to sist the proceedings pending the outcome of the arbitration.

If for any reason, difficulties arise with whether the arbitration tribunal is able to deal with the issues in the time available and the parties change their minds and wish the court to deal with, time will be made available for that to happen.

He's saying if the panel cannot make a decision or they can't make the timescale then it can go back to the court, I'll wager they manage to do both.

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8 minutes ago, Alexis said:

Given the complexity of the case, and claim of 'unfair prejudice' the judge has determined fairly strict selection criteria for the panel. He also ruled full disclosure of all documents, minutes, phone records and conversations etc.

Hearts can also still appeal the result to the Court of Session. 

Pretty good day for Hearts.

Is it?

If anything this is a win for the SPFL. They got their desired outcome (arbitration) and Hearts will have to fork up half their legal costs. It's not the worst case scenario for Hearts of course, as the case wasn't thrown out and they will receive full disclosure on info pertaining to the resolution and decisions. Even if Hearts appeal the result and the case returns to court after voting to confirm their relegation though, considering the CoS had already decided the case was in the authority of the SFA and its rules, I can't see why they wouldn't just agree with the tribunal's decision.

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The SPFL pulled the strings to get a Yes vote in the first place. You would imagine they could do the same again.

I suspect the corridors of power at Hampden have already absorbed today's news and sealed the fate of the relegated clubs.

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49 minutes ago, Cobra said:

The SPFL pulled the strings to get a Yes vote in the first place. You would imagine they could do the same again.

I suspect the corridors of power at Hampden have already absorbed today's news and sealed the fate of the relegated clubs.

100% Correct ... For Me Anyway

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8 minutes ago, kenmcblue said:

100% Correct ... For Me Anyway

The Scottish football authorities seem like many other set-ups... "Yeah, yeah forget your opinion. Whose side are on? Who pays your wages? Who's going to get you promoted or admitted to the committee? Who's going help you get that nice house and car? Exactly, now STFU and do as you're told.

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