Hearts legal action

[arab777]

I don't understand the bit where it's not been completely dismissed by the court.? Why not and does that mean it has a chance of going back there again.??

The only way the court will decide will be if it is demonstrated flaws in the arbitration procedure not the decision made. The Court will not overturn a decision made by the panel.

[arab777]

Looking at the ruling United's QC argument was never going to fly. The Judge basically said there wasn't enough time to decide on it.

"I conclude that the nature and relative complexity of these issues makes it inappropriate that I deal with the question of dismissing the petition at this early stage."

The Judge is pretty damning with Hearts on arguing against SFA arbitration.

"I do not accept the submission for Hearts and Partick Thistle that there is nothing in the SPFL’s articles of association which refers this matter to arbitration. In terms of articles 2 and 196 of the SPFL’s articles, Hearts and Partick Thistle are contractually obliged to comply with the SPFL’s rules. By virtue of rule B4 of the SPFL’s rules, Hearts and Partick Thistle have to comply with the SFA’s articles of association. In my view, it is clear that all of the member clubs and the SPFL have agreed that the articles of the SFA, the articles of the SPFL and the rules of the SPFL are binding upon them."

[stokearab]

The only way the court will decide will be if it is demonstrated flaws in the arbitration procedure not the decision made. The Court will not overturn a decision made by the panel.

This ^^^^^^
As long as the Arbitration follows the correct legal procedures their decision is binding on both parties. I assume that the Court of Session will have sight of the procedures used in the Arbitration procedure to check that they have.

As others have said, the out come is that the judge has said Hearts have a case to be heard but the legal courts are not the place to hear it because they are bound by the articles of the SPFL which they agreed to when they joined which say disputes should go to Arbitration. Hearts argued it wasn't a football matter but a business matter. The judge disagreed.

[stokearab]

Costly for Hearts, they've had to pay their own legal fees plus 50% of the SPFL legal fees and all they got was a bounce game at a neutral ground. And they've pi55ed off most of Scottish football doing it.

[Shedboy1971]

Thanks for all of this arab777 really helpful to decipher the ruling. So its here we go again (sort off) but i think we are up now. Hearts and thistle do have a case but that was voted on as per spfl rules. Can see them getting a pay off or sorts. If they do i hope the fine the receive for breaching rules is 100 times that pay off

[ballumbie_arab]

Costly for Hearts, they've had to pay their own legal fees plus 50% of the SPFL legal fees and all they got was a bounce game at a neutral ground. And they've pi55ed off most of Scottish football doing it.

I hope it proves even more costly for them!!!
Obviously think they are “too big” to be relegated, in the way they did. As others have said, had they shown more fight on the pitch, as they have off it, then wouldn’t be in this position, reap what you sow!

[Whitfieldarab]

Costly for Hearts, they've had to pay their own legal fees plus 50% of the SPFL legal fees and all they got was a bounce game at a neutral ground. And they've pi55ed off most of Scottish football doing it.

Did Partick and Hearts not have a financial benefactor paying for their court costs?

[Shedboy1971]

Did Partick and Hearts not have a financial benefactor paying for their court costs?

yes same benefactor who is ploughing millions into spfl and donkey leagues . There was apparently a budge ultimatum that they wouldnt get the money if they were relegated. benefactor told budge to calm doon and let the court decide.

[ballumbie_arab]

Did Partick and Hearts not have a financial benefactor paying for their court costs?

Think so, so those benefactors lose out now, Hearts & Partick directly later with any fines, and assuming relegation upheld, the finance drop next term!

[Shedboy1971]

i truly believe the sfa will fine or sanction both clubs.