The use of civil courts in football

[the wasp 0]

Couldn't agree more Bluebear, really good post.

[bluebear54 0]

Important difference is that Sion took on the European governing body - Uefa - while this is strictly a domestic matter. I suspect neither Uefa or Fifa will want to get involved openly at least. A wait and see situation where we should ignore the gloom and doom warnings of the gutter press and media, they make it up as we know.

 

I mentioned a couple of days ago that Aiden O'Neill has been known to lose cases as well as win them.

He is a highly competent and well respected QC.

Fact.

But he gets things wrong sometimes.

And he backed the wrong horse this time too.

Now, explain to me how - or more importantly why - Chick Young, Delahunt, most of the assembled sports journalistic masses (or even unemployed sports journalists) believe that they have a greater knowledge of the law, and that they are right.

And explain to me why we or anyone else should pay heed to them.

We need to retain a sense of reality.

[pete 2,499]

Totally agree Metlika.

 

Neither FIFA, UEFA or the SFA are - or should be - above the laws of Scotland or the EU. In my opinion, they should have been pulled in long ago. They've been chancing their mitt about tax and legality for too many years.

 

Sooner or later, there will be a Bosman-type moment for them, and it will cost them dear.

 

And by the way - I hear that a lot of people think that these organisations are grotesquely corrupt.

 

Let's bring football back to the people.

 

Sepp Blater corrupt how could you possibly think that.:admin:

[RANGERRAB 3,258]

Which team does Adan O'Neill QC support? the same one as Vincent Lunny?

[andy steel 0]

Just watched the two news channels coverage of this interesting day. The difference is vast! STV discussing what has happened, what could happen. BBC shrieking about how the SFA MUSTMUSTMUST punish Rangers for using the courts or we'll be expelled!!! Like the 'Hellenic Federation"!!! Who are about to play in Euro2012...doh! and how the creditors MUSTMUSTMUST get more money becoz 8p in the pound isn't FAIR, not at all...

 

I don't disagree with the last point, actually. But Pacific Quay is just so obvious...to see them thrashing about, desperately trying to insist we be tied to the mast and given another lick o'the cat, is quite pleasurable. Almost as pleasurable as seeing Mark Thomson discussing cuts to their budget at Holyrood today. Having spent months loudly questioning why admin has not led to redundancies at Ibrox, we'll see how keen they are on the concept of job losses now the issue is closer to home.

[bluebear54 0]

Given the Court of Session ruling today, this is becoming an issue of epic proportions.

SFA will have to "judge" within their existing rules.

Bring them on, I say.

My personal take is that FIFA/UEFA will be dealing with the SFA behind closed doors, or under the table, if you like.

We now really need an informative and balanced representation to both FIFA and UEFA of ALL the events leading up to this. And it should be by someone who is at the top of the tree regarding sports law, and particularly the EU elements of it.

However, the Scots law element shouldn't be discounted.

The SFA would be wise to consider all the implications - both under Scottish law and EU law - before they make a move.

And if UEFA and FIFA should flex their flaccid muscles, I would hope we have enough balls and nous to take them all the way.

Enough is enough.

When that's over, let's go for the BBC.

[bigy 0]

I agree, the point being largely overlooked is that the CoS decided that it had jurisdiction because the SFA failed to provide an alternative arbitration route through CAS. We cited Ashley Cole whom CAS referred back to civil courts as FA policy at the time did not explicitly state that CAS could be used, and so the SFA have messed up.

 

Are FIFA/UEFA/SFA seriously going to question the authority of a civil court who have ruled it has jurisdiction in this case, or attempt to punish us for using the only route available when any appeal of that will go to the same court?

 

FIFA do see themselves as above the law, but on this issue I doubt they'd want to take the civil courts on as they will lose - and that's without us even bringing employment law into it. I imagine they'll just ask the SFA to close the issue amicably asap.

Edited May 30, 2012 by bigy

[Frankie 8,150]

Some excellent posts in this thread...

[BlueMazza 0]

The most intriguing thing is everyone screaming how we MUST BE PUNISHED!

We're not suggesting otherwise, we'd just like it to be fair.

 

Yet is it our fault their rules have failed them YET AGAIN? Surely the people who should be looked at the most is the SFA. They show themselves to be completely incompetent time & again, but it's still our fault of course that they can't run their own game effectively.

[ian1964 10,411]

SFA backs down over Celtic boss Lennon's touchline bans

 

http://www.bbc.co.uk/sport/0/football/12941685