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SPFL Season declaration challenged legally (ongoing discussion)


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From the Partick statement ...

 

Quote

 

The SPFL and some clubs, namely the six who were behind that decision yesterday, have now made it even more difficult for Partick Thistle Football Club to emerge unscathed from the crisis we now face. What’s galling is that it all stems from the arbitrary and unjust way the club was relegated, with no say in it, which effectively saw a members’ organisation inflict damage on us, one of its members, amid the most extraordinary circumstances.

Our treatment is unprecedented in Scottish football.

 

... 2012 it might have read:

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The SPL and some clubs, namely those who would gain most (many titles in a row / higher final position in the league = more European income), have now made it even more difficult for Rangers FC to emerge unscathed from the crisis we now face. What’s galling is that it all stems from the arbitrary and unjust way the club was expelled from the SPL, with effecticely no say in it and against the rules of the SPL, which effectively saw a members’ organisation inflict damage on us, one of its members, amid the most extraordinary circumstances.

... and:

Quote

Our treatment is unprecedented in Scottish football. 

Ahem, no. But back then, the same cabal was in office and has been pulling the strings throughout. As lowlanders you probably wear no kilt, but that shouldn't have stopped you to grow some balls some time ago ...

 

 

 

Edited by der Berliner
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Has Doncaster been caught lying again? Currently discussion on Sportsound saying bottom 6 clubs still have money outstanding. Didn't Doncaster sat last week all money's paid to bottom 6 clubs? 

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8 minutes ago, der Berliner said:

The 6 clubs against reconstruction were St Mirren, St Johnstone, Ross County, Hibs, Dundee United and Aberdeen.

According to Brian McLaughlin of BBC Scotland.

Dundee UTD you say? Technically not a Premier League club yet?

 

So in summary Dundee voted no and scuppered the resolution. Somehow their vote got lost. They were then contacted by SPFL (and others) and they changed their vote to approve the resolution (with promises). They effectively promoted their rivals as Champions, now those same rivals have just scuppered reconstruction.

 

Penny for your thoughts Mr Nelms? I hope those loan players and big hitting friendlies (behind closed doors) don't go the same way......

Edited by CammyF
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Wow, Lowland and Highland League representation on SSB just confirmed they have been receiving "pressure" from SPFL for at least 4 months. 

 

Brora chairman

"You can feel the hand of interference"

 

This is howling

 

 

Edited by CammyF
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1 hour ago, CammyF said:

Dundee UTD you say? Technically not a Premier League club yet?

 

So in summary Dundee voted no and scuppered the resolution. Somehow their vote got lost. They were then contacted by SPFL (and others) and they changed their vote to approve the resolution (with promises). They effectively promoted their rivals as Champions, now those same rivals have just scuppered reconstruction.

 

Penny for your thoughts Mr Nelms? I hope those loan players and big hitting friendlies (behind closed doors) don't go the same way......

Please delete made a balls up ?

Edited by CammyF
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6 hours ago, Uilleam said:

I am speculating wildly, here, because I have no knowledge of the contracts with SKY, BT, etc, but if they contain a force majeure clause allowing for termination in particular extreme circumstances, as I imagine they would, then it is interesting that SPFLLtd has not even mentioned this possibility. (Nor has anybody else, to be fair.)

I think that force majeure might apply were the Government to order and/or enforce abandonment of the season as it stands. Such an eventuality might allow SPFLLtd to end its contracts with the broadcasters with no, or little, financial damage. 

The abandonment of the season under government diktat would presumably have the equivalent effect of clubs agreeing to a null and void outcome.This would affect award of titles, relegations, promotions, and might have an impact on invitation to participate in UEFA Competitions. 

Surely it would be far better to wait for completion of the season to be forbiden than to risk £10M+ in claims from SKY, BT,etc. by determining it now?

Or are the contracts so slanted in favour of the TV Companies that even outbreak of hostilities would not provide a get out?

Or is it worth £10M+ of shareholders monies to satisfy the demands on just one club?

 

I haven't even thought about insurances, to cover delay, disruption, or termination due plague, pestilence, civil commotion, combination of workmen, or others , acts of terror, or other examples of force majeure. 

 

 

 

 

There is another aspect to this, on which I continue to speculate wildly....

If SPFLLtd is likely to be subject to claims from SKY, BT, et alia. you might expect it to attempt mitigate losses caused by circumstances outwith its control. It would do this by using its 'most reasonable endeavours' in these circumstances, to see the season through to completion. This would likely be a contractual requirement, whether there was a watertight Armageddon Clause or not, and it would be prudent, anyway, to enter any negotiation thus fortified. 

What one would not expect is a full tilt rush to declare the season over, without any 'reasonable' attempt to finish it. 

 

Is a  potential claim of £10M or thereby a small price for the member clubs (shareholders and stakeholders) to pay for the greater glory of one club and its requirement for the  first and only dibs at CL monies? 

 

Mauvaise foi, mes amis, mauvaise foi.

 

Edited by Uilleam
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This is all heating up nicely and we are in a strong position to get the outcome we want, but I do hope our board is also working on a plan as to how we will survive this season.  I remain concerned about the lack of apparent cost cutting I'd hope to see under the circumstances.  If we cannot return to capacity crowds, how many of our season ticket holders will seek refunds, and what will that do to the stability of our finances?  The board is performing well at the moment in other matters but I want to see some action in this regard also.

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