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League Reconstruction 20/21 season


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3 hours ago, Have some faith in Magic said:

Brechin were in the same situation as Hamilton, Queen of the South and Forfar. 

Haven't heard any screaming for them to be relegated. 

The SPFL withdrew them from a play off (with no right to do so as it was an SFA competition) and denied two league winners the chance of promotion.

Slight difference.

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1 minute ago, Pet Jeden said:

You saying specific implement can never be applied in relation to company decisions? Well if that's right, I suppose setting aside the original decision would have the same effect?

Try that again, as what you wrote doesn't really make sense.

However, if I was to try and decipher what you mean, If you look at the Ranger's dossier it's all down to contract law and corporate governance.

As for "setting aside" the original decision, where I guess you are referring to the Dundee 'tipped' vote the issue there would again be based on contract law. As teams enter a contract with the SPFL, the regulations that the contract is based upon would decree whether the SPFL can "undo" such decisions without a mandate from a suitable number of clubs.

Considering the amount you have posted on this, I really would have thought this would be fairly obvious to you.

 

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5 minutes ago, Ric said:

As teams enter a contract with the SPFL, the regulations that the contract is based upon would decree whether the SPFL can "undo" such decisions without a mandate from a suitable number of clubs.

Contract law doesn't apply, as there is no such contract. The SPFL is a limited company, and the 42 clubs are its shareholders. The applicable rules are the Memorandum and Articles of Association of the company

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Hearts in court would be great to see, I’m all for it.

It’ll cost them a fortune in legal fees, they’ll be given a dressing down by the judge and be comprehensively defeated.

It will be the latest in a long line of humiliations, on and off the park.

To think that the law courts are going to have an interest in the internal workings of a member organisation. Man alive, what an entertaining waste of everyone’s time.

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26 minutes ago, Lex said:

Hearts in court would be great to see, I’m all for it.

It’ll cost them a fortune in legal fees, they’ll be given a dressing down by the judge and be comprehensively defeated.

It will be the latest in a long line of humiliations, on and off the park.

To think that the law courts are going to have an interest in the internal workings of a member organisation. Man alive, what an entertaining waste of everyone’s time.
 

But the house conveyancer said they would have a case under Common Law 

Edited by invergowrie arab
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59 minutes ago, Stag Nation said:

Contract law doesn't apply, as there is no such contract. The SPFL is a limited company, and the 42 clubs are its shareholders. The applicable rules are the Memorandum and Articles of Association of the company

Then I stand corrected, then, as I was under the impression the clubs entered into a contract rather than acted as shareholders.

If that is the case I'm still unsure as to what legal mechanism could be used to force a team to play in a certain league.

 

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I’ve always been under the impression that UEFA take a very dim view of individual clubs taking their association to court. Is this a different matter because it’s the league Hearts grievance is with, rather than the SFA? 

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21 minutes ago, Ric said:

Then I stand corrected, then, as I was under the impression the clubs entered into a contract rather than acted as shareholders.

If that is the case I'm still unsure as to what legal mechanism could be used to force a team to play in a certain league.

 

I'm pretty sure it's a bluff and that the threat if the hassle and expense involved from the SPFL's point of view is the so-called incentive. Sadly, despite what Hearts believe, the SPFL can't control the vote.

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2 minutes ago, Coventry Saint said:

I'm pretty sure it's a bluff and that the threat if the hassle and expense involved from the SPFL's point of view is the so-called incentive. Sadly, despite what Hearts believe, the SPFL can't control the vote.

I'm happy to admit I'm wrong when I am, and I'm clearly wrong on the contract/company situation. Although I do agree that it's a threat in order to gain compensation and some sort of moral victory.

Just think of the fun if reconstruction goes through and they are sitting bottom again next season. :D

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9 minutes ago, Ric said:

to force a team to play in a certain league.

The SPFL have 42 clubs with different needs it's not about forcing any club into a certain league it's all about what is feasible and practical.
The top flight seem to be gearing up for a august the 1st start BCD's , it would be interesting to see how many clubs can't do that. 

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5 hours ago, Sergeant Wilson said:

I see, you were explaining what everyone except Hearts and Falkirk supporters have understood since day one. Thanks.

Can you now explain how Celtic won the league?

Yes............ possibly something to do with size of fan-base >>> leading to a higher income than most other clubs compounded by the distinct lack of another team with similar financial clout. Of course the fact that their financial  superiority allows the signing of better than average players may well have something to do with it .................. just possibly.

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I’ve always been under the impression that UEFA take a very dim view of individual clubs taking their association to court. Is this a different matter because it’s the league Hearts grievance is with, rather than the SFA? 
I thought the same, but the league is different. I would imagine that Hearts are expecting that the SFA will step in to resolve the dispute prior to court proceedings.
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