Jump to content

Court It Is Then


Bobbyhouston
 Share

Recommended Posts

6 minutes ago, Woodstock Jag said:

All I’m saying is that the act of trying to protect our interests is extremely likely to be futile and that we might make things worse along the way.

Currently our situation if we are mothballed for a season in a league we were voted down to is that we could cease to exist.

 

What is worse from a Thistle perspective than that?

  • Like 3
Link to comment
Share on other sites

21 minutes ago, Norgethistle said:

What solidarity did the leagues and clubs show towards Gretna, Clydebank, Airdrie and even Rangers.  None. 

Even with Caley in its current position they attempted to blackmail them into voting Lawell way. 

They have taken a decision that puts the very livelihood and survival of our club in peril, with firstly voting to bring us down, then about to stop us competing. It’s now every man for themselves and frankly if this puts a dozen other clubs to the wall due to seasons not starting and funding being denied, then great. If it bankrupts the SPFL it’s self then that’s the bonus ball.

We have been too nice for too long and it has gotten us nowhere. 

 

I don't want  other clubs and their fans to like us, I want them to fear us. I hope a lot of these chairmen that shafted us for their own benefit  are now panicking over us hopefully fatally shafting them.

Out of likes, this is spot on.

I have long stopped giving a shit if other clubs or the league go bankrupt, bring it on.

Being nice guys has got us stabbed in the back repeatedly.

Link to comment
Share on other sites

2 minutes ago, Dick Dastardly said:

That would depend on what the judge says. If he says it is illegal to relegate a club before the predetermined number of fixtures are fulfilled, then yes it would. I'm not saying that is likely, but you can't say it is impossible.

The big difference with us is we had a game less played than 8 other teams and if the league hadn’t postponed the game for the cup we could have been 9th. We were not on a level playing field

Link to comment
Share on other sites

1 minute ago, Dick Dastardly said:

That would depend on what the judge says. If he says it is illegal to relegate a club before the predetermined number of fixtures are fulfilled, then yes it would. I'm not saying that is likely, but you can't say it is impossible.

That is an astronomically unlikely thing for a judge to say. Neither Hearts nor Thistle have at any point sought to argue in any of their public statements that such a course of action would be unlawful.

”Wrong”? Sure. Unlawful? No.

In the French and Belgian cases this is why their domestic legislation and specific league rules matter. This is because the terms of their competitions and the terms on which they can be ended or altered are different.

Link to comment
Share on other sites

24 minutes ago, Woodstock Jag said:

That is an astronomically unlikely thing for a judge to say. Neither Hearts nor Thistle have at any point sought to argue in any of their public statements that such a course of action would be unlawful.

”Wrong”? Sure. Unlawful? No.

In the French and Belgian cases this is why their domestic legislation and specific league rules matter. This is because the terms of their competitions and the terms on which they can be ended or altered are different.

If as is being suggested that the SPFL held information back or deliberately misinformed them regarding the claw back of sponsorship then that could be construed as unlawful. The board is effectively the directors of the company with the clubs as its shareholders 

Link to comment
Share on other sites

Can the SPFL afford to pay lawyers for the case? 

(Perhaps the two cheeks have a interest in bringing it to a swift conclusion to allow their European interests to be met, and so might fund the SPFL's lawyers)

When is the case likely to be heard?

What court will hear it?

Is there an appeal procedure?

(Sorry if this has been raised before.)

Irrespective of the verdict, the very least the case would do would be to shine a powerful light on the operation of the SPFL.

The problem of course is that football club chairman and Doncaster wouldn't give a toss how much the light reveals.

 

Link to comment
Share on other sites

3 minutes ago, Norgethistle said:

If as is being suggested that the SPFL held information back or deliberately misinformed them regarding the claw back of sponsorship then that could be construed as unlawful. The board is effectively the directors of the company with the clubs as its shareholders 

Think they’ll go for the coercion of clubs regarding the vote , obviously disregarding the impact it was going to have on Clubs like ourselves.

Link to comment
Share on other sites

5 minutes ago, Norgethistle said:

If as is being suggested that the SPFL held information back or deliberately misinformed them regarding the claw back of sponsorship then that could be construed as unlawful. The board is effectively the directors of the company with the clubs as its shareholders 

That is a separate point. It’s not enough to show that the process behind the resolution was unlawful. You have to show:

(a) that it was unlawful for the Clubs to decide *per se* to end the season early and relegate clubs on that basis

or

(b) that key clubs who voted for the resolution last time wouldn’t vote for broadly the same outcome again on a fresh motion and would instead prefer a motion that would place Thistle in a better position AND that the necessary supermajority of clubs would then back that outcome.

My point here is that (a) is astronomically unlikely.

Separately, (b) has a hell of a lot of hoops to jump through and if you’re right and the other clubs are all looking out for themselves then absolute stick on its not going to happen.

Link to comment
Share on other sites

33 minutes ago, Norgethistle said:

These clubs didn’t think twice about taking us down, I’ll applaud us if we can sink a dozen clubs

Likewise; the more Thistle can do to damage and bankrupt clubs who repeatedly voted for our destruction the better.

Link to comment
Share on other sites

4 minutes ago, eljaggo said:

Can the SPFL afford to pay lawyers for the case? 

Yes.

4 minutes ago, eljaggo said:

(Perhaps the two cheeks have a interest in bringing it to a swift conclusion to allow their European interests to be met, and so might fund the SPFL's lawyers)

Not needed.

4 minutes ago, eljaggo said:

When is the case likely to be heard?

Not before July, and the Premier is due to start in August.

4 minutes ago, eljaggo said:

What court will hear it?

It depends but probably at first instance the Court of Session. Others have suggested it might go to the Court of Arbitration for Sport but that would normally need agreement between the parties.

4 minutes ago, eljaggo said:

Is there an appeal procedure?

In the Outer House of the Court of Session appeals may be made to the Inner House and ultimately to the Supreme Court.

4 minutes ago, eljaggo said:

(Sorry if this has been raised before.)

Irrespective of the verdict, the very least the case would do would be to shine a powerful light on the operation of the SPFL.

What is the point and what light would be shone that has not already?

If we lose this *vindicates* the SPFL’s approach in the eyes of many, not just in law but in other respects.

If we win what’s going to change? Sweet Francis Adams.

4 minutes ago, eljaggo said:

The problem of course is that football club chairman and Doncaster wouldn't give a toss how much the light reveals.

Exactly. So don’t bother litigating except when it’s got a decent prospect of success in your actual goal, rather than at best providing you with an embarrassing pyrrhic victory.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...