simplythebest 0 Posted July 28, 2012 Share Posted July 28, 2012 Duress or not it rode roughshod over the judgement of Lord Glennie. They weren't blackmailing us when Lord Glennie made that decision, we didn't need their approval to play football after all. Forlan, you seem to have a strong belief that we can win every battle, is it not possible we just can't? 0 Quote Link to post Share on other sites More sharing options...
forlanssister 3,050 Posted July 28, 2012 Share Posted July 28, 2012 They weren't blackmailing us when Lord Glennie made that decision, we didn't need their approval to play football after all. Forlan, you seem to have a strong belief that we can win every battle, is it not possible we just can't? Do you for one second think the SFA's refusal to grant us a licence because we refused to accept a registration ban that Lord Glennie declared ultra vires would have stood up in a court? The SFA had the option to appeal Lord Glennie's decision why do you think it didn't? 0 Quote Link to post Share on other sites More sharing options...
simplythebest 0 Posted July 28, 2012 Share Posted July 28, 2012 Do you for one second think the SFA's refusal to grant us a licence because we refused to accept a registration ban that Lord Glennie declared ultra vires would have stood up in a court? The SFA had the option to appeal Lord Glennie's decision why do you think it didn't? You're basing this stuff on an awful lot of gambling and assumptions about winning in court. I just want to watch my team FFS. 0 Quote Link to post Share on other sites More sharing options...
forlanssister 3,050 Posted July 28, 2012 Share Posted July 28, 2012 You're basing this stuff on an awful lot of gambling and assumptions about winning in court. I just want to watch my team FFS. Assumptions about winning? it may have escaped your notice but eh we actually won the case and Lord Glennie decreed that the SFA acted ultra vires. There will be nobody happier to go through the gates at Glebe Park on Sunday than I. 0 Quote Link to post Share on other sites More sharing options...
simplythebest 0 Posted July 28, 2012 Share Posted July 28, 2012 Assumptions about winning? it may have escaped your notice but eh we actually won the case and Lord Glennie decreed that the SFA acted ultra vires. There will be nobody happier to go through the gates at Glebe Park on Sunday than I. Bear in mind the risk of suspension and expulsion was there as well as an alternative sanction, sanctions in their rule book. I don't doubt it but you obviously feel strongly about these issues, me perhaps i'm just battle weary. 0 Quote Link to post Share on other sites More sharing options...
forlanssister 3,050 Posted July 28, 2012 Share Posted July 28, 2012 Bear in mind the risk of suspension and expulsion was there as well as an alternative sanction, sanctions in their rule book. I don't doubt it but you obviously feel strongly about these issues, me perhaps i'm just battle weary. Which they already ruled out as being too severe. I too am weary. 0 Quote Link to post Share on other sites More sharing options...
simplythebest 0 Posted July 28, 2012 Share Posted July 28, 2012 Which they already ruled out as being too severe. I too am weary. Was Scottish Cup expulsion not considered too lenient as well? They'd have needed to go one way or the other. 0 Quote Link to post Share on other sites More sharing options...
bluebear54 0 Posted July 28, 2012 Share Posted July 28, 2012 (edited) I still think people who can should look into the SFA and SPL handling of the affair, an affair which borders to coercion. What if, e.g. HMRC and/or Ticketus comes after us now, since we pay some creditors, but others not? We - and the SFA/SFL - are obliged to act within Scots and European law. That also includes any coercion by the SFA/SFL to go against Scots or European law. I'm pretty convinced that the transfer embargo is already in breach of European legislation. Given that the initial transfer embargo sanction was found to be ultra vires, I'm bloody sure that the present sanction - as a condition of membership - is equally ultra vires (although I haven't looked through their articles for confirmation.) Anyway, I'm pretty convinced that its also in breach of European legislation. These people need a serious reality check. If they want to act within the law, fair enough, but they seem to think they are above the law, and that the highest Courts in the land are UEFA and FIFA. Until they follow the determination of Lord Glennie, they are technically in contempt of Court. Factum. Edited July 28, 2012 by bluebear54 0 Quote Link to post Share on other sites More sharing options...
Mountain Bear 0 Posted July 28, 2012 Share Posted July 28, 2012 I still think people who can should look into the SFA and SPL handling of the affair, an affair which borders to coercion. What if, e.g. HMRC and/or Ticketus comes after us now, since we pay some creditors, but others not? They would have no legal claim to any money from the newco. Absolutely none. 0 Quote Link to post Share on other sites More sharing options...
bluebear54 0 Posted July 28, 2012 Share Posted July 28, 2012 My take on it was that one of the conditions they conjured up out of thin air for our transfer of SFA membership is that they wanted us to sign an agreement not to appeal SFA decisions via the courts again like we did with the transfer embargo when the RFFF paid for a QC to take the SFA to the Court of Session. If I'm wrong, then fair enough, but I see that as a completely separate condition regarding our right to appeal as to what's being discussed regarding the SPL's dual contract investigation. If the SPL find us guilty of breaking their rules they can try to strip us of titles and if they do that, then our route for appeal will be via the SFA in the form of one of their new appellate tribunals. Back in October 2010 Dundee went into administration whilst playing in the SFL first division. They'd previously been in administration in 2003/04, but that was while they were in the SPL. In November of 2010 the SFL ruled that Dundee would be deducted 25 points, an unprecedented sanction for a Scottish club and Dundee were forced to appeal via the SFA. We'll have to do likewise if the SPL hammer us for the cooked-up dual contracts crap. We'll have to appeal via the SFA except that in our case we won't actually be appealing via the SFA at all, we'll be appealing via one of their new so-called impartial independent appellate tribunals. Now here's the most important thing (IMO).... We haven't heard anything about it yet, but has Green agreed to the SFA's condition of us not challenging them in a real Court again? This is very important because should the SPL hammer us and our SFA appeal fail at an appellate tribunal we'd previously have been within our rights to challenge the decision of the appellate tribunal, but if this right has been signed away then an SFA kangaroo court can uphold any decision reached by the SPL (and they can essentially make their decision before there's even a hearing as they've done with us previously) and we wouldn't be able to challenge it. Not trying to scaremonger btw and please correct me someone if I'm wrong about any of that! Well said Mr Z. To that list you can add en ever more polarised and vehemently anti-Rangers media. 0 Quote Link to post Share on other sites More sharing options...
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