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League Reconstruction 20/21 season


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Damnum Injuria Datum.

There has to be an "injuria" caused by a legal wrong. If the SPFL had a strict duty to ensure that no club was ever to suffer detriment, no club could ever be relegated.

 

Obviously, Hearts will suffer detriment by being relegated, just as every club does. You have to establish that Hearts' relegation was unlawful. That's the tricky bit.

 

Still, I am sure an evident legal expert such as you will already know that.

 

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Hearts are staying up, the SPFL had a duty of care to protect Hearts from relegation and, more importantly, protect the other clubs from a £10million lawsuit.
Everyone DESPERATELY wants this to blow up in Hearts' face but a very basic understanding of contract law tells us the opposite will happen. There is a real possibility that Hearts will be the second most secure team in the country when this is all over.
Marvellous, isn't it?
If you'll excuse my language, what the f**k has contract law got to do with it?
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3 minutes ago, Pet Jeden said:

Is that an established and accepted fact? Serious question. We'll find out soon enough.

I've not read the actual document so I can't say with absolute 100% certainty, but there is Hearts/Thistle's join statement - "For clarity, our petition does not seek to set aside or unravel the fee payments made to clubs, nor indeed the declaration of Champions, or the nomination of clubs who will participate in European competition."  and "As matters stand, we have not asked the Court to grant an interim interdict which would prevent next Season commencing on 1 August. However, we have to reserve our right to do so in the event that becomes necessary."

If they're okay with the set out prize money and champions declarations that the SPFL has already decided, why demand that something like 40-odd dead-rubbers get played purely to decide promotion and relegation? And can they really play those out AND start the season on the first of August?

It's incredibly hard to reconcile how the relief they're publicly asking for is consistent with forcing the SPFL to play out the extra 8 or so games, and as I say, it fails at the first legal hurdle (assuming Hearts don't perjure themselves to create a conflict of evidence). I'd consider it an established fact, yes.

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28 minutes ago, Jacksgranda said:

Just like that? No pre season training, players out of contract.

We are a week or two behind England (south) and slightly ahead of parts of the north. Could have been training. SFA could have given all teams/players dispensation to allow registrations to run on a bit. Isn't this what UEFA are doing this to allow their 19-20 competitions to finish? Everything was guided by SKY-August  and Celtic's CL start.

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2 minutes ago, Pet Jeden said:

We are a week or two behind England (south) and slightly ahead of parts of the north. Could have been training. SFA could have given all teams/players dispensation to allow registrations to run on a bit. Isn't this what UEFA are doing this to allow their 19-20 competitions to finish? Everything was guided by SKY-August  and Celtic's CL start.

Could have. Not should have. Could have fired a rocket to the moon.

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5 minutes ago, Pet Jeden said:

We are a week or two behind England (south) and slightly ahead of parts of the north. Could have been training. SFA could have given all teams/players dispensation to allow registrations to run on a bit. Isn't this what UEFA are doing this to allow their 19-20 competitions to finish? Everything was guided by SKY-August  and Celtic's CL start.

And as you constantly ignore, Scottish football isnt financially comparable to English football.

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3 minutes ago, Aim Here said:

If they're okay with the set out prize money and champions declarations that the SPFL has already decided, why demand that something like 40-odd dead-rubbers get played purely to decide promotion and relegation? And can they really play those out AND start the season on the first of August?

You are pishing against a gale force wind with this one.

It doesnt matter what logical or sensible argument you place in front of him it will be batted right back down the line.

The government said that football has to stop - "doncasters fault"

The government said pro teams cant train - doncasters fault

All the players are out of contract for many lower league teams - "5-1 ya spoonburning junkie"

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2 minutes ago, Green Day said:

You are pishing against a gale force wind with this one.

It doesnt matter what logical or sensible argument you place in front of him it will be batted right back down the line.

The government said that football has to stop - "doncasters fault"

The government said pro teams cant train - doncasters fault

All the players are out of contract for many lower league teams - "5-1 ya spoonburning junkie"

I know, I know. I am curious to find out when his delusions will smack head-first into the actual observed facts, and he has to face reality. It does have to happen sometime, right?

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" the sporting consequences of coronavirus "
 
I've seen that this phrase has been starting to do the rounds on social media, no team should be made to suffer negatively due to this virus. Hearts have bent over backwards trying to accommodate a solution,  we should have been able to find a solution. 
Hearts have made cutbacks,  most fans on here thought it was a great laugh at the time. I'm guessing that very few teams have avoided having to make cuts.
Hearts have not bent over backwards.

If Budge has shown even an ounce of humility and not pissed off clubs with her temporary reconstruction then she might have had a chance.

She hasn't helped herself either with her well published views showing her contempt for lower league clubs.

What goes around comes around.

She has been well and truly bit in the arse and does not deserve even a smidgen of sympathy.
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3 minutes ago, Pet Jeden said:

We are a week or two behind England (south) and slightly ahead of parts of the north. Could have been training. SFA could have given all teams/players dispensation to allow registrations to run on a bit. Isn't this what UEFA are doing this to allow their 19-20 competitions to finish? Everything was guided by SKY-August  and Celtic's CL start.

Again, it's about the lack of resources clubs would have - the only reason English clubs are able to finish the Championship and the Premiership is due to the massive money available, facilities on offer and large squads of players...and being further forward in the lockdown process (if you believe that's a factor)

The SFA could have offered dispensation but as has been seen in England you still need players to agree to it - isn't there at least one top flight Premier team that had @10 players out of contract - would they all risk playing? How are clubs meant to pay for all these players brought back from furlough with no income?

..and it's not what UEFA are doing. The competition ending has nothing to do with player registrations, all they've said for now is that the competition will be played to an end in August. Payers still have to agree with the clubs and the relevant FA that they are happy to extend their deals.

Despite what you seem to believe I don't think  everything is guided by Sky or Celtic. If the league started in September Sky would still get their games and Celtics CL start would be delayed anyway as UEFA can't even finish their comps till August so how would they know who and when teams would be able to play all over Europe?

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2 minutes ago, Aim Here said:

I know, I know. I am curious to find out when his delusions will smack head-first into the actual observed facts, and he has to face reality. It does have to happen sometime, right?

I dont know about that mate, see sevco fans..

"Going for 55"

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49 minutes ago, Pet Jeden said:

Original ban was to June (?). Whatever persuaded English authorities to allow training and friendlies a few weeks ago could have been put to Scotgov. But there was no will.

You see, you’re avoiding this. You said it was possible to have football, you the said that the assertion that football was “utterly impossible” wasn’t true. Now, it’s because there was no will, not sure from whom.  The original ban wasn’t time limited except for the emergency legislation being required to be renewed in September.  England is a red herring, you might as well quote China or Outer Mongolia., this is Scotland and it has its own approach. I wait, yet again, to find out why playing professional football was possible while it was banned.

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Hearts facts 2020:

Hearts will finish top 6

Hearts will not finish bottom

The season will be voided

Reconstruction will be voted through

Reconstruction will be voted through

Reconstruction will be forced upon the clubs if it isn't voted through

Relegating Hearts breaches the SPFL's duty of care to Hearts, but not promoting Dundee United doesn't breach the SPFL's duty of care to United

???

Profit

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29 minutes ago, MegaRichJambos said:

I can't be bothered with this anymore. I'll come back tonight or when the SPFL announce that Hearts have been reinstated, whatever happen first. 

Neither can the rest of us

Tell you what comeback WHEN or IF the court case starts … … … and give us all a break from your shite 

 

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Guest JTS98
55 minutes ago, realmadrid said:

Apart from UEFA who announced the competitions would go ahead with the usual access list 2 days ago

https://www.uefa.com/insideuefa/news/newsid=2642232.html

There are now problems in Northern Ireland as their clubs rejected calling the end of the season and they are now going to struggle to play the game (if they do) before the UEFA deadline to either call or play the games.

Yes. Except I don't know if you've noticed, but there's a pretty fast-moving news story at the moment that might affect that...

UEFA's announcement is for sponsorship contracts. It has no current basis in reality. It may happen. It may not.

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