welshbairn Posted June 28, 2020 Share Posted June 28, 2020 28 minutes ago, welshbairn said: The principle issue for discussion at that hearing is likely to be whether the petition procedure in court should be sisted (suspended) whilst the issues in dispute are determined by the Scottish FA arbitration. This is the juicy bit for me. SPFL ask to suspend court proceedings while arbritation is given a chance, Hearts object, Judge says you can always come back here if it's not satisfactory, give it a go. SFA offers terms that SPFL + 3 accept, Hearts reject. Back to court, Judge says looks fair enough to me, case dismissed, Hearts pay costs for unnecessarily wasting court's time. Maybe not the last bit but one can dream. 4 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted June 28, 2020 Share Posted June 28, 2020 24 minutes ago, Tannadeechee said: Why could it not be discussed like everything else on Sportsound? Was wondering whether it was a BBC general policy or the law that made Richard Gordon say that? Don't think they have the same contempt rules in Civil courts that they do in Criminal courts. 0 Quote Link to comment Share on other sites More sharing options...
invergowrie arab Posted June 28, 2020 Share Posted June 28, 2020 29 minutes ago, Tannadeechee said: Would Heart's & Thistle's issue be with this "If SPFL Member Clubs wish to receive copies of the documents lodged, then it would be necessary for each of them to apply to the court to become a respondent in the action and to lodge its own individual (or potentially joint) answers, or at least to formally associate itself with the existing answers of the three promoted clubs. If any Member is considering doing so, then it should contact Rod McKenzie and he will be pleased to advise on the required procedure and the options available." I could understand that DU,RR,CR response.could not be given out, but would the SPFLs not be available to member clubs. This being due to the fact that they are the.SPFL & that is HMFC & PT's complaint? Due to HMFC & PT being the other side in the court action I wouldn't have thought they would get to see the response anyway. People keep talking member clubs but the legal set up is 42 ordinary shareholders of a company. Ordinary shareholders would not have any right to make representations in court on behalf of themselves or the company without being named in the petition unless they made an application to do so. 0 Quote Link to comment Share on other sites More sharing options...
Aim Here Posted June 28, 2020 Share Posted June 28, 2020 23 minutes ago, Tannadeechee said: Would Heart's & Thistle's issue be with this "If SPFL Member Clubs wish to receive copies of the documents lodged, then it would be necessary for each of them to apply to the court to become a respondent in the action and to lodge its own individual (or potentially joint) answers, or at least to formally associate itself with the existing answers of the three promoted clubs. If any Member is considering doing so, then it should contact Rod McKenzie and he will be pleased to advise on the required procedure and the options available." I could understand that DU,RR,CR response.could not be given out, but would the SPFLs not be available to member clubs. This being due to the fact that they are the.SPFL & that is HMFC & PT's complaint? I suspect not; it would be very odd to hear of individual shareholders or members of associations being served with court filings if the company/association gets sued, rather that just being the business of management and the legal team and folks who need to know. 23 minutes ago, Tannadeechee said: Due to HMFC & PT being the other side in the court action I wouldn't have thought they would get to see the response anyway. Was this a typo? Of course Hearts and Thistle get to see the response, because their lawyers have to show up in court and argue against the points made in it. 0 Quote Link to comment Share on other sites More sharing options...
Tannadeechee Posted June 28, 2020 Share Posted June 28, 2020 2 minutes ago, Aim Here said: I suspect not; it would be very odd to hear of individual shareholders or members of associations being served with court filings if the company/association gets sued, rather that just being the business of management and the legal team and folks who need to know. Was this a typo? Of course Hearts and Thistle get to see the response, because their lawyers have to show up in court and argue against the points made in it. Yes its a typo (or rather bloody annoying auto correct). In exactly the same was as my dealings with criminal reports and evidence. 0 Quote Link to comment Share on other sites More sharing options...
Tannadeechee Posted June 28, 2020 Share Posted June 28, 2020 5 minutes ago, invergowrie arab said: People keep talking member clubs but the legal set up is 42 ordinary shareholders of a company. Ordinary shareholders would not have any right to make representations in court on behalf of themselves or the company without being named in the petition unless they made an application to do so. I wasn't saying that the other clubs were making, or requiring,.or wanted to make any representations to the court. Merely depending on legal makeup of SPFL would they be allowed to see the SPFL's response due to being members etc? As seeing what their organisation was doing in respons 0 Quote Link to comment Share on other sites More sharing options...
Aim Here Posted June 28, 2020 Share Posted June 28, 2020 50 minutes ago, welshbairn said: If SPFL Member Clubs wish to receive copies of the documents lodged, then it would be necessary for each of them to apply to the court to become a respondent in the action and to lodge its own individual (or potentially joint) answers, or at least to formally associate itself with the existing answers of the three promoted clubs. If any Member is considering doing so, then it should contact Rod McKenzie and he will be pleased to advise on the required procedure and the options available. Could the Hearts/Thistle squealing be this section? They might be annoyed that the SPFL's advice is only for recruiting folks to the SPFL side of the lawsuit; it's presumably possible for clubs to associate themselves with Hearts/Thistle, or maybe Stranraer, in order to get a peep at the documents. 0 Quote Link to comment Share on other sites More sharing options...
Insaintee Posted June 28, 2020 Share Posted June 28, 2020 (edited) 6 minutes ago, Aim Here said: Could the Hearts/Thistle squealing be this section? They might be annoyed that the SPFL's advice is only for recruiting folks to the SPFL side of the lawsuit; it's presumably possible for clubs to associate themselves with Hearts/Thistle, or maybe Stranraer, in order to get a peep at the documents. That might be possible, but why should the SPFL suggest that. Hearts could try sending out their own letter to that effect. Who might be interested in joining them. Not Stranrar apparently, possiblly ICT and Falkirk. and maybe even the **** ETA also Hearts/Partick may not be willing to allow other clubs to join their petition. That would be entirely a matter for Hearts/Partick and it would be inappropriate for the SPFL to suggest that Edited June 28, 2020 by Insaintee 0 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted June 28, 2020 Share Posted June 28, 2020 They're trying to turn the weans against us! ©jkb Quote My fellow Heart of Midlothian supporters. Let us not take our eye off the most important thing in this whole debacle. HEART OF MIDLOTHIAN AND PARTICK THISTLE ARE NOT AND NEVER BEEN THE BAD GUYS IN THIS FROM THE VERY BEGINNING. This is very simple. The SPFL board thought that because the current CEO of our club is a woman in her seventies, that we would meekly accept our fate. They forgot two very important things. Hell hath no fury like a woman wronged. The woman concerned still has a very sharp mind, and in her lifetime has built good solid friendships with people who have power and influence. They forget that she had served as a SPFL board member and saw how they worked, and she didnt like it at all. Their methods went against her ethics and morals. So she did not seek re-election and left/ resigned from said board. She is fully aware that we as a club along with Partick Thistle are up against a cabal of snakes and rats who believe they are beyond reproach. Heart of Midlothian/Partick Thistle through legal advice are playing everything by the book. Reminds me a fair bit of my divorce from my first wife. Where she tried to provoke me into doing things that she could use in court against me. She was mightly pissed off when I didnt do this and played every thing by the book as instructed. She was more pissed off when the judge did not award everything she was after( she was after everything), we had to split things 50/50. Heart of Midlothian/Partick Thistle have, I repeat have not done anything wrong. Despite the pressure that has been put on them by the SPFL board, SFA, MSSM, and certain chairmen of other clubs. If I may give a bit of advice when it comes to the media, that I was given many years ago. DONT BELIEVE ALL YOU READ/HEAR, AND ONLY BELIEVE HALF OF WHAT YOU SEE. As I have stated to often. I'm an ex Royal Navy man. The Royal Navy marchpast is a tune named HEARTS OF OAK. That's what we all have to have now. Standfast and have Hearts Of Oak. We will prevail as we do have the best people fighting on our side. COME ON THE HEARTS. 3 Quote Link to comment Share on other sites More sharing options...
SouthLanarkshireWhite Posted June 28, 2020 Share Posted June 28, 2020 12 hours ago, pansjambo said: with that I agree. Hearts intentions are not to punish United,Raith or Cove,. The simple answer would have been reconstruction to avoid any team being financially hammered. But that aint happening so we are where we are A simple answer that seemed to elude all involved as they clearly did not come up with a proposal that did not see someone financially worse off. Thing is, with the exception of the teams that happened to be bottom of their respective divisions when the music stopped, why should any other club suffer any financial penalty? I am genuinely intrigued as to how you answer that question? 0 Quote Link to comment Share on other sites More sharing options...
Green Day Posted June 28, 2020 Share Posted June 28, 2020 6 minutes ago, welshbairn said: They're trying to turn the weans against us! ©jkb Christ ! That has to be a Hibby on the windup !!! 0 Quote Link to comment Share on other sites More sharing options...
Tannadeechee Posted June 28, 2020 Share Posted June 28, 2020 6 minutes ago, welshbairn said: They're trying to turn the weans against us! ©jkb 6 minutes ago, welshbairn said: My fellow Heart of Midlothian supporters. Let us not take our eye off the most important thing in this whole debacle. HEART OF MIDLOTHIAN AND PARTICK THISTLE ARE NOT AND NEVER BEEN THE BAD GUYS IN THIS FROM THE VERY BEGINNING. This is very simple. The SPFL board thought that because the current CEO of our club is a woman in her seventies, that we would meekly accept our fate. They forgot two very important things. Hell hath no fury like a woman wronged. The woman concerned still has a very sharp mind, and in her lifetime has built good solid friendships with people who have power and influence. They forget that she had served as a SPFL board member and saw how they worked, and she didnt like it at all. Their methods went against her ethics and morals. So she did not seek re-election and left/ resigned from said board. She is fully aware that we as a club along with Partick Thistle are up against a cabal of snakes and rats who believe they are beyond reproach. Heart of Midlothian/Partick Thistle through legal advice are playing everything by the book. Reminds me a fair bit of my divorce from my first wife. Where she tried to provoke me into doing things that she could use in court against me. She was mightly pissed off when I didnt do this and played every thing by the book as instructed. She was more pissed off when the judge did not award everything she was after( she was after everything), we had to split things 50/50. Heart of Midlothian/Partick Thistle have, I repeat have not done anything wrong. Despite the pressure that has been put on them by the SPFL board, SFA, MSSM, and certain chairmen of other clubs. If I may give a bit of advice when it comes to the media, that I was given many years ago. DONT BELIEVE ALL YOU READ/HEAR, AND ONLY BELIEVE HALF OF WHAT YOU SEE. As I have stated to often. I'm an ex Royal Navy man. The Royal Navy marchpast is a tune named HEARTS OF OAK. That's what we all have to have now. Standfast and have Hearts Of Oak. We will prevail as we do have the best people fighting on our side. COME ON THE HEARTS. Remember kids, don't do drugs! Seriously he needs to take his own advice "DONT BELIEVE ALL YOU READ/HEAR, AND ONLY BELIEVE HALF OF WHAT YOU SEE." 0 Quote Link to comment Share on other sites More sharing options...
SouthLanarkshireWhite Posted June 28, 2020 Share Posted June 28, 2020 Just now, Green Day said: Christ ! That has to be a Hibby on the windup !!! No, it isn't. I can see a frigate and a battleship just heading into the Firth of Clyde as we speak! 2 Quote Link to comment Share on other sites More sharing options...
Aim Here Posted June 28, 2020 Share Posted June 28, 2020 11 minutes ago, welshbairn said: DONT BELIEVE ALL YOU READ/HEAR, AND ONLY BELIEVE HALF OF WHAT YOU SEE. As I have stated to often. I'm an ex Royal Navy man. The Royal Navy marchpast is a tune named HEARTS OF OAK. That's what we all have to have now. Standfast and have Hearts Of Oak. We will prevail as we do have the best people fighting on our side. COME ON THE HEARTS. We hear you comrade! Power to the people! 3 Quote Link to comment Share on other sites More sharing options...
Golden Gordon Posted June 28, 2020 Share Posted June 28, 2020 The fact that the SPFL & the Promotion three are deemed not to have matching interests gives me pause. Don't have the legal knowledge to understand the significance of this, but it seems like a divide and conquer strategy. 0 Quote Link to comment Share on other sites More sharing options...
Green Day Posted June 28, 2020 Share Posted June 28, 2020 4 minutes ago, SouthLanarkshireWhite said: No, it isn't. I can see a frigate and a battleship just heading into the Firth of Clyde as we speak! I do wonder what will happen to their fans if Hearts (I am not mentioning PTFC as their fans have been broadly ok) lose this? The craziness and vitriol of JKB isnt the real world, but I did speak to a Jambo of my acquaintance a couple of weeks back and he was of the opinion that the SPFL was entirely wrong and they were getting relegation rescinded. Now, for me this was just a source of amusement - but I wonder if they have gone so far down the rabbithole that its impossible - even if they lose - to grasp the realities? In truth, even without Anderson and FoH cash, Hearts would be - by a long way - the largest and richest club in the Championship - they should stroll it. They could use the season to rebuild, getting in some young and hungry players and binning the overpaid shite. The signs are not good for a sensible approach though - which in many ways is delicious. We dont have the Festival Fringe or theatres open, so some tragicomedy from down Tynecastle way is helping fill the void. 0 Quote Link to comment Share on other sites More sharing options...
Insaintee Posted June 28, 2020 Share Posted June 28, 2020 1 minute ago, Golden Gordon said: The fact that the SPFL & the Promotion three are deemed not to have matching interests gives me pause. Don't have the legal knowledge to understand the significance of this, but it seems like a divide and conquer strategy. The three promoted sides interest is to be promoted. The SPFL's interest is to not have to pay comp. It does not really matter to the league if we play with a top 12 that includes Dundee United or top 12 that includes Hearts. So potentually a conflict of interest, and reasonable for them to have seperate representation. 0 Quote Link to comment Share on other sites More sharing options...
Aim Here Posted June 28, 2020 Share Posted June 28, 2020 2 minutes ago, Insaintee said: The three promoted sides interest is to be promoted. The SPFL's interest is to not have to pay comp. It does not really matter to the league if we play with a top 12 that includes Dundee United or top 12 that includes Hearts. So potentually a conflict of interest, and reasonable for them to have seperate representation. Plus, it gives the judge two sets of arguments against Hearts to choose from. If he doesn't like what Neil Doncaster is saying, he can go with what United are saying, and vice versa. More chances to win! 1 Quote Link to comment Share on other sites More sharing options...
Romeo Posted June 28, 2020 Share Posted June 28, 2020 (edited) It looks like Hearts top, top best in the land legal team (who are 100% going to win everything) might have made a procedural error. eta - Before any seethlotan fans ask "ARE YOU A LAWYER OR A QC?" I am both. Edited June 28, 2020 by Romeo 1 Quote Link to comment Share on other sites More sharing options...
Stag Nation Posted June 28, 2020 Share Posted June 28, 2020 51 minutes ago, welshbairn said: Don't think they have the same contempt rules in Civil courts that they do in Criminal courts. They are the same. Contempt of Court Act 1981, section 19. 0 Quote Link to comment Share on other sites More sharing options...
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