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Nithsdale Loyal v Dundee United - court update


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Today we were represented at Glasgow Sheriff Court in our small claims action against Dundee United, following their decision not to refund any part of the ticket price for the abandoned game last year.

 

Only when our case was called did we, for the first time, see what defence Dundee United intended to carry out.

 

Their lawyer asked for the case to be thrown out on 2 counts, one being that the case should have been made in Dundee and not Glasgow, and the other being a case of title, meaning that instead of the action being made against Dundee United Football Club, it should have been The Dundee United Football Company Limited.

 

So there we have it, 2 technicalities is what their spokesman said was a ââ?¬Å?vigorous defenceââ?¬Â.

 

They did not want to argue that what they did was right, or legal, or fair. They wanted the sheriff to throw it out without any consideration of the facts of the case.

 

Rightfully, their sneaky ploy was unsuccessful, and our request that the case be continued for 2 weeks to allow us time to consider their defence motion, was granted.

 

Dundee United have shown utter contempt for football supporters all the way through this whole sorry episode, and sunk to new lows today in their attempt to wriggle out of the action with expensive lawyers and sneaky last minute motions.

 

We now know what depths they will sink to in order to avoid the arguments made against them that what they did was wrong and in 2 weeks time we will be more than ready for them.

 

For anyone interested, the next appearance in court is another preliminary hearing to hear the jurisdiction and title legal arguments on Friday 23 April at 2pm in Court 12 of Glasgow Sheriff Court.

 

We were expecting today to be a mere formality to set a date for the full hearing, but United's sneaky underhand tactics tried to catch us out. Next time we will be more than ready for them.

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http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8612157.stm

 

A Rangers supporters club is taking legal action against Dundee United FC over an abandoned league fixture which they claim left them out of pocket.

 

The Nithsdale Loyal Supporters Club has raised a small claim at Glasgow Sheriff Court against the Dundee club for �£800.

 

They are demanding a refund of half the money their members spent on 66 tickets for the SPL game at Tannadice against Rangers on 1 November 2009.

 

A lawyer for Dundee United said the Glasgow court had no jurisdiction.

 

He also claimed the supporters' club had not "title or interest" and therefore could not sue the club.

 

However, Sheriff Gail Patrick QC agreed to continue the matter to allow the supporters' club members to seek legal advice.

 

She said: "You have got to get more information and bring someone to help you.

 

"The lawyer for Dundee United is saying there is no jurisdiction here and it should be heard at Dundee Sheriff Court."

 

The Dundee United verses Rangers game was abandoned at half-time as a result of torrential rain, but Rangers fans were not allowed entry into the re-scheduled fixture with their original tickets.

 

Dundee United FC decided to charge a reduced price of �£12 for the replay.

 

Outside court, Bobby Montgomery from the supporters club said: "We will be talking to a lawyer.

 

"We will take this all the way if we can. It's not about the money.

 

"We are asking for half the ticket price, we have not claimed for travelling or other expenses. We have decided that if we win we will give the money to charity."

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What a hoot! Are trading laws really so deregulated that what applies in one city does not apply in another? Let's extend that further, so that if I nick a car in Dundee no-one can touch me for it in Glasgow!

 

Fair play to the sheriff, Ms Patrick, for not buying what appears to be, in law, a sustainable objection. And the very best of wishes to the Tannochside Bears.

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