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6 hours ago, Alwaysblue said:

Given this a bit of thought. BNB could possibly clarify this. An independent chair and a rep from each side. If the SPFL do not release all documents, they might well be in breach of the court. The Hearts/PT rep would obviously highlight this. Quite possibly the judge may have played a blinder here

He did as the action was not thrown out. Both sides get one final shot to avoid court but this time with an Independent adjudicator and all the evidence being turned over. 

Also Judges hate it when their orders are not followed so the documents must be produced. That is the big victory for Hearts and PT. 

If only they had just let Rangers pay for it in the first place... 

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6 hours ago, mick1271 said:

I think a big plus of this ruling is that the judge didn't kick it out stating that it is a football jurisdiction matter .He only wants a chance of arbitration , to save it having to go through the courts .

Judges are like that. Then if it does end up in court all steps would have been taken. 

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3 hours ago, Blue Nosed Babe said:

If only they had just let Rangers pay for it in the first place... 

Tbh bnb personally I prefer the fact a judge has ordered it to happen. 
 

Its not costing Rangers a penny and it can’t be hidden or masked in anyway, unless someone fancies some jail time. 

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I know it’s wishful thinking but...

With the spfl ending the season so quickly through a rigged vote, if it goes back to court and judge says the Dundee vote doesn’t count,  null and void may be the only solution to allow the new season to start in time.  
 

Hibs, Aberdeen etc will be needing money pretty quickly I’d imagine if games are not being played sooner rather than later. 

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1 hour ago, kelvd1873 said:

I know it’s wishful thinking but...

With the spfl ending the season so quickly through a rigged vote, if it goes back to court and judge says the Dundee vote doesn’t count,  null and void may be the only solution to allow the new season to start in time.  
 

Hibs, Aberdeen etc will be needing money pretty quickly I’d imagine if games are not being played sooner rather than later. 

That’s the part that interests me too. The judge stated that the alteration to the rules was what allowed the relegation of Hearts/Thistle so it goes without saying that it is also the reason for gifting league titles. The alteration required the acceptance of a written resolution so if that resolution was found to have come to the incorrect decision as it currently stands  then that additions to the rules can’t occur. 

Hearts/Thistle only want to cancel  the written resolution regarding the parts that involve relegation and promotion it’ll be up to our club to contest that also removes the gifting of league titles. 

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Thanks for the nice replies and welcome.  It was funny watching the reaction of the spfl board on publishing of the dossier. While it came across as arrogance to many it really did smack of desperation to stay out of the courts at any cost. Doncaster in the witness box would be  off the scale. Even if you are telling the truth a QC will own you. There’s no escape there.

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There's an awful lot of reading between the lines and constructive interpretation going on. The SPL fixture list is coming out on Monday, so talk about reconstruction is nonsense, that ship has sailed. This unholy mess will continue to be discussed and leave most of us with a bad taste in our mouths,  but like many issues over the years it will change nothing.  Scottish football is a cesspit and unlikely to change very much. 

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7 hours ago, Blue Nosed Babe said:

He did as the action was not thrown out. Both sides get one final shot to avoid court but this time with an Independent adjudicator and all the evidence being turned over. 

Also Judges hate it when their orders are not followed so the documents must be produced. That is the big victory for Hearts and PT. 

If only they had just let Rangers pay for it in the first place... 

Thanks for the clarification 

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Getting a resolution before the Dundee vote is held to legal scrutiny will be what they’ll be desperately trying to push through. Can only see 3 options. Either pay up the £10m, get league reconstruction or remove the specific rules Hearts/Thistle are contesting stating that relegation and promotion is unenforceable but league winners based on final positions is still relevant.  The latter will be the final outcome unless our teams administrators  grows a set of balls. 

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8 hours ago, Blue Nosed Babe said:

He did as the action was not thrown out. Both sides get one final shot to avoid court but this time with an Independent adjudicator and all the evidence being turned over. 

Also Judges hate it when their orders are not followed so the documents must be produced. That is the big victory for Hearts and PT. 

If only they had just let Rangers pay for it in the first place... 

How does the process work?

How exactly are the panel members selected? Is a judgement made by majority or are all 3 needing to be in agreement? Does the independent person have any final say? Under what conditions can the matter not be resolved and return to CoS?

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10 minutes ago, SeparateEntityMyArse said:

How does the process work?

How exactly are the panel members selected? Is a judgement made by majority or are all 3 needing to be in agreement? Does the independent person have any final say? Under what conditions can the matter not be resolved and return to CoS?

My thinking is that Hearts put their case forward, the SPFL do the same.

The 3 man panel then come to a conclusion, I presume a 2 out of 3 majority, and recommend the way forward.

Hearts/Partick Thistle then need to agree and so does the SPFL.

If it’s not agreed by both sides then it’s back to court. 

I could be wrong though 😂

Edit...don’t have a clue on the selection process. 

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1 minute ago, Dave Hedgehog said:

My thinking is that Hearts put their case forward, the SPFL do the same.

The 3 man panel then come to a conclusion, I presume a 2 out of 3 majority, and recommend the way forward.

Hearts/Partick Thistle then need to agree and so does the SPFL.

If it’s not agreed by both sides then it’s back to court. 

I could be wrong though 😂

Edit...don’t have a clue on the selection process. 

My issue is we all think things like the above, or read various differing reports in the media, but none actually know. Theres little clarity on the process, procedures, etc.

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3 minutes ago, SeparateEntityMyArse said:

My issue is we all think things like the above, or read various differing reports in the media, but none actually know. Theres little clarity on the process, procedures, etc.

Agreed mate. We shouldn’t need to guess. It should all be out in the open. Our football authorities seem to like secrecy and hiding on these issues. Can’t wait to see all this pan out. 👍

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1 hour ago, Doron said:

Thanks for the nice replies and welcome.  It was funny watching the reaction of the spfl board on publishing of the dossier. While it came across as arrogance to many it really did smack of desperation to stay out of the courts at any cost. Doncaster in the witness box would be  off the scale. Even if you are telling the truth a QC will own you. There’s no escape there.

Best part of trialling.

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58 minutes ago, SeparateEntityMyArse said:

How does the process work?

How exactly are the panel members selected? Is a judgement made by majority or are all 3 needing to be in agreement? Does the independent person have any final say? Under what conditions can the matter not be resolved and return to CoS?

@Blue Nosed Babe

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1 hour ago, Dave Hedgehog said:

My thinking is that Hearts put their case forward, the SPFL do the same.

The 3 man panel then come to a conclusion, I presume a 2 out of 3 majority, and recommend the way forward.

Hearts/Partick Thistle then need to agree and so does the SPFL.

If it’s not agreed by both sides then it’s back to court. 

I could be wrong though 😂

Edit...don’t have a clue on the selection process. 

The media reports are that the findings are binding on both parties. I dont think there is a route back to court. 

Both Hearts/PT and the SPFL board get to nominate a member to the panel and these two individuals select a third to act as chairperson. 

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1 minute ago, Brubear said:

The media reports are that the findings are binding on both parties. I dont think there is a route back to court. 

 

If the 2 clubs are not satisfied that all relevant documentation has been made available then it can certainly go back to court. Id imagine if it was deemed that arbitration couldn't conclude it by 1st Aug then it could go back for that reason too.

I think if there's a conclusion that's where the line in the sand is drawn, but theres little clarity on the process and procedures.

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8 minutes ago, Brubear said:

The media reports are that the findings are binding on both parties. I dont think there is a route back to court. 

Both Hearts/PT and the SPFL board get to nominate a member to the panel and these two individuals select a third to act as chairperson. 

I have read that in the case of no agreement by the SFA tribunal then it can be referred back into court. 

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1 minute ago, Dave Hedgehog said:

I have read that in the case of no agreement by the SFA tribunal then it can be referred back into court. 

That’s my understanding too. However, I think the last place the SFPL will want to be is back in court 

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1 minute ago, SeparateEntityMyArse said:

If the 2 clubs are not satisfied that all relevant documentation has been made available then it can certainly go back to court. Id imagine if it was deemed that arbitration couldn't conclude it by 1st Aug then it could go back for that reason too.

I think if there's a conclusion that's where the line in the sand is drawn, but theres little clarity on the process and procedures.

Would assume you are correct over the non disclosure of documents as that has been dictated by Lord Clark and failure to disclose would see you in contempt of that decision, so back to that court to enforce his ruling. Not so sure about the clubs not being satisfied. If 2 of the three panelists support a decision, say SPFL representative and the Chairperson then that would be the decision and I understand that is binding. With a 3 man panel not sure how you can end up with a non decision, just a decision one party is not happy with. 

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1 hour ago, Dave Hedgehog said:

My thinking is that Hearts put their case forward, the SPFL do the same.

The 3 man panel then come to a conclusion, I presume a 2 out of 3 majority, and recommend the way forward.

Hearts/Partick Thistle then need to agree and so does the SPFL.

If it’s not agreed by both sides then it’s back to court. 

I could be wrong though 😂

Edit...don’t have a clue on the selection process. 

The process sounds reasonable enough...

I bet "way forward" will be in the best interests of Scottish football 

GTTK.gif

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32 minutes ago, Dave Hedgehog said:

I have read that in the case of no agreement by the SFA tribunal then it can be referred back into court. 

Hope you are correct. I have only read that it is binding on both parties and as the panel had an odd number and a majority decision is allowed then not sure how the panel can come up with no agreement. 

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