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Court It Is Then


Bobbyhouston
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On 7/12/2020 at 12:57 AM, Muscat Jag said:

Bit confused by the "Yer oot the gemme" comment. My recollection from news coverage is that it came from the DU legal rep (presumably he would actually be acting for the 3 clubs). Have I got that wrong? 

Either way a truly pathetic and counter productive comment. 

As for your last point, this will be the final throw of the dice, the panel decision is binding with no appeal. Probably for the best, if only for our collective sanity. 

Nobody replied to MJ's question on who said "Oot ra gemme".  I've had a look at the Judge's comments.  It was Mr Moynihan, counsel for the SPFL that said this.

Mr Borland was counsel for the promoted clubs.  He of the slow delivery.  If he goes for a post panel glass of claret at the Advocate pub in Edinburgh after the  panel hearing, this week, I hope he is a bit quicker off the mark.  He'd be asked " what do you want?"  In reply he'd start by saying I'm over 18..............  I need a claret........  The bar staff would tell him it's taking too long and get him to write it down.

An 18 page submission later he would hand this in at the bar, only to be given it back.  He'd be told  "We closed an hour ago!"

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3 hours ago, Woodstock Jag said:

While I'm sure a lot of people are bored senseless by my contributions on here I'm also pretty sure they are tired of javeajag's effort to be a shite Jeff Bridges from The Big Lebowski every time I say something he doesn't agree with.

The Big Lebowski Opinion GIF by The Good Films - Find & Share on GIPHY

For the avoidance of doubt this post expresses an OPINION.

Who is Jeff bridges ?

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3 hours ago, Woodstock Jag said:

When we lose I will of course say I told you so, so by all means look forward to this unlikely outcome to get one up over someone on the internet.

no need to get your Y-fronts in a pickle youngster - it's only a bit of silliness as we await the outcome of this shit fest - pipe doon 

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sounds like neil Doncaster moonlights in Belgium.....

 

Shitshow in Belgium!

CEO of Belgian Pro League tried to force General Assembly for Friday where they did not reveal agenda. Teams also had to forego right to sue.

After meeting, he wanted to stick with previous vote & is ok with Beveren legal challenge.

Quote from Peter Croonen (MD of Genk) the CEO of Pro League, “There is a chance that Waasland-Beveren will still go to court, but any decision would have provoked a legal dispute. That’s why we think it’s best to stick to our the 15th of May decision.”

Reminds you of anyone?

 

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Interesting that it looks as if the CEO of the Belgian Pro League intends to ignore the Court of Arbitration decision. This case does look as if it will run for some time.

In Lord Clark's note of 03/07/20, on page 13, he sets out that all parties need to agree to the decision of the panel, before the appeal is heard.  He mentions the "long - standing" position in the law of Scotland that parties to an agreement that their disputes should be referred to arbitration are bound and must respect the terms of that agreement.  

Imo  the SPFL would be stark raving bonkers to follow the Belgian line, so the Belgian case will still be a runner long after our dispute is resolved.   (Potentially.)

Edited by East Kent Jag II
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34 minutes ago, East Kent Jag II said:

Interesting that it looks as if the CEO of the Belgian Pro League intends to ignore the Court of Arbitration decision. This case does look as if it will run for some time.

In Lord Clark's note of 03/07/20, on page 13, he sets out that all parties need to agree to the decision of the panel, before the appeal is heard.  He mentions the "long - standing" position in the law of Scotland that parties to an agreement that their disputes should be referred to arbitration are bound and must respect the terms of that agreement.  

Imo  the SPFL would be stark raving bonkers to follow the Belgian line, so the Belgian case will still be a runner long after our dispute is resolved.   (Potentially.)

There is a distinction here that needs to be drawn between:

(1) Ignoring the decision of an arbitration panel; and

(2) Addressing the procedural defects declared to exist by an arbitration panel while adopting substantially the same decision when asked to address the same issue again.

As best I understand what the Belgian footballing authorities are suggesting, it is the second, rather than the first.

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19 hours ago, gianlucatoni said:

I want us to win the case to mainly get it right up... 

 

A - the SPFL 

B - WJ 

 

straw poll :whistling:

I just want us to win the case. 

Discussion and opinion expressed over the life of this thread suggest otherwise. 

The only issue I have is, notwithstanding the recruitment of a highly respected and experienced  QC, the manner in which Hearts and Thistle have approached/structured their case has on this thread been repeatedly questioned. 

 

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1 hour ago, exiledjag said:

I just want us to win the case. 

Discussion and opinion expressed over the life of this thread suggest otherwise. 

The only issue I have is, notwithstanding the recruitment of a highly respected and experienced  QC, the manner in which Hearts and Thistle have approached/structured their case has on this thread been repeatedly questioned. 

 

Eh by one guy who has a law degree but isn’t a lawyer

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1 hour ago, Dick Dastardly said:

Arbitration is rubbish compared to court. With court we get match reports at the end of each day. Arbitration we don't even know if it is started 

Am I right in thinking we don't know who the referee is either? Hope it's not Willie Collum

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