Mike Ashley’s petition for a Judicial Review of the processes the SFA followed when finding Dave King fit and proper to run a football club is a lightbulb moment. The decision, taken by the SFA board, was not unanimous. I am sure some pointed to King’s enormously controversial past and alerted supportive voices of the potential for trouble ahead.
The dissenting voices were voted down, but just like Heidi Poon, their unwelcome guidance will ultimately be found to be assured.
What Ashley has demonstrated is that anyone can ask for a Judicial Review. CQN’ers could ask for one into the scope, probity and remit of the Lord Nimmo Smith Commission, for example. I discussed this some time back with an advocate who suggested we hold tight.
The SFA and SPFL must tread carefully, they are no longer in control of events. It would be wise for them to wait until the Supreme Court appeal notification deadline passes before choosing any path.
In the meantime, whoever decided to fan the flames by launching the “no appetite” blocking strategy should calm the waters. There is enormous appetite to look into what many within and outside of Scotland are calling the biggest cheating scam in British sport.
People are angry right now, not at the cheating they have suspected for years, but at the authorities attempt at whitewashing.
There are demonstrations and boycotts being discussed. Millions of words have been written.
Groups of Celtic and Hearts fans are becoming unnervingly cooperative, good grief! See what you’ve done, Mr “No Appetite” man? Supportive understanding is NOT how I usually relate to Hearts, Hibs, Aberdeen, United or Dundee fans. Even Motherwell fans!
Before we get Labi Siffre records back in the charts…
Before the PPI industry start sending “Is there a Judicial Review you’d like to instruct” recorded messages to our phones….
A calming word from the SPFL, in the first instance, should be issued. All it needs to do is acknowledge the Court of Session verdict, and that the notification deadline for a subsequent appeal has not passed. This would commit to nothing, but it would also supersede the earlier attempt to whitewash, and perhaps allow some to get back to doing their day jobs.
For the record, a whitewash will simply not be possible. The fan-mechanisms, honed in 2012, are fired-up. We’re gonna do it anyway.
On Ashley, I’ve said this before about him, our enemy’s enemy is not our friend. Ashley has good reason to raise legal actions against those who subverted his interests at Newco, but he is not someone you or I would want associated with our football club. Those who campaign to remove his influence from their clubs (including Newcastle) do so with sound reason. Even if their tactics harm their club far more than Ashley.
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Winning Captains
great idea , hope its not needed
but count me in if it is
Goodnight Timland
HH
The road that Mike Ashley is going down, that of a Judicial Review is something that is open to anyone with an interest in the decision of an administrative action by a public body.
I reckon that granting Rangers a European Licence and allowing EBT’s are both administrative actions by a body and if Mike Ashley’s lawyers reckons the SFA are a public body then who am I to disagree.
It used to be the case that it was difficult in Scotland to prove ‘title and interest’ to pursue a Judicial Review but that was something that changed following Lord Gill’s 2009 review and the recent AXA case ruling (BRTH will know about this as he has an interst in the subject).
Lord Gill’s review team stated “The current law on title and interest to sue is overly restrictive and should be replaced by a single test, namely, whether the petitioner has demonstrated a sufficient interest in the subject matter of the proceedings (see paragraph 25).”
The concerns on “standing” expressed in Lord Gill’s 2009 review report were soon echoed in a decision, which changed the law on 12th October 2011, that is, following the ruling by the Supreme Court in the case of AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46.
On the issue of title and interest, or standing, the decision brought Scots law into line with England and Wales, where a party can seek judicial review if that party has “sufficient interest” in the matter. In Scots law, by contrast, the test had previously been whether a party has “title and interest” and it had been applied strictly by the Scottish courts.
In AXA, both Lords Hope and Reed embraced the flexible attitude of the English Courts, and decided that the old phrase “title and interest” should no longer be applied in judicial review. Lord Reed says that “sufficient interest” should be the test in Scotland (para 171). Lord Hope says that a party should be required to show that he or she is “directly affected”, and added: “a personal interest need not be shown if the individual is acting in the public interest and can genuinely say that the issue directly affects the section of the public that he seeks to represent” (para 63).
So if a party has sufficient interest they can petition the court for Judicial Review.
A shareholder of a football club who thought that the value of his shareholding had been adversely affected by the administrative action of the SFA would surely have sufficient interest IMHO.
Whether they would have the stamina to go through the Court of Session hurdles race is another matter. I have just done so and it is not for the faint hearted.
But it is worth bearing in mind once the dust settles on the FTT decision and if as expected it doesn’t go to the Supreme Court.
Google:
AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46
Synopsis of The report of The Scottish Civil Courts Review
HEN1RIK on 12TH NOVEMBER 2015 12:05 AM
Operation Save Our Trophies now in full swing;
https://t.co/cf7JqnPwGd
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Ha ha ha.
That’s the best one yet – we can’t strip their trophies because the runners up would struggle with the unexpected bonus payments to players.
Comedy genius.
The Raven on 11th November 2015 11:43 pm –
Regans saying “social unrest” was hardly a normal statement to make regarding a football club from a SFA official and quite unique I would expect.
I thought that kind of public announcement was more a home secretary’s area
Evening folks. Love the groundswell of focused outrage.
For some of us of a certain vintage “Slow Dance” was known as a moonie.
I know it has just created an unpleasant image but..
Anyway, here’s a Tony’s Huddle with John Mayer’s “Slow Dancing in a Burning Room”
Ex Pretenders Robbie McIntosh is the older guitarist who duets with JM at the end.
http://wp.me/p6DYht-n7
No One Walks Alone
Winning Captain
Count me in too!!
What Is The Stars
Thanks for the tips!!
HH
Oh what a Beautiful Morning, Oh what a Beautiful day……..
Parliament of World Religions
The Truth is the Truth.
Oh Ronny Ronny, Ronny Ronny Ronny Ronny Deila.
on 12TH NOVEMBER 2015 12:15 AM
LoL.
Murrays chums in the BoS lending millions on the inflated 110 mil value of Ibrox
Cosy
The whole charade was credit dependent with commissions to the lenders BoS nice one
Then boom 2008 hit and the easy money days were over because they were bust
Question did BoS know they were funding EBTs……….?
Winning Captains – me and Wee BGFC are certainly in if crowd funding becomes necessary.
However, I’m very keen in the first instance to see what the clubs do on this.
If they don’t act themselves, then us forcing them to act, or us taking action independently of them for that matter, will just serve to illustrate how weak / complicit / uninterested the clubs are. If that’s the case then, ultimately, I fear not much will change in the long run.
The clubs must actively demonstrate the will to pursue a new, transparently-governed future for the game in Scotland, or the ball is up on the slates no matter what we do at this point in time.
That said, I still have my copies of the Sunday Herald in the loft, so happy to have another stab at this. Just let us know.
HH
BGFC
WC
Another fiver in the pot – so to speak.
JR’s revenge.
As for some of the folk on the wireless spouting forth..
I have a feeling that some of them do not know as much as the most modest internet bampot about this.
Just ask them about DOS, UTT, FTT, LNS, Bryson, Dickson, Ogilvie, Peat, Murray 1 and Murray 2, HBOS, Gavin Masterton, Portsmouth, Newcastle, Harry Redknapp, Baxendale-Walker, tax evasion and tax avoidance, SARS, Ashley, King, etc and then EBT. They might have heard of that by now.
Lazy, ill-informed, closed minded, arrogant, self obsessed….
I must stop complimenting them.
No bhoycott for me but a boycott maybe…?
HH
MSM
Clubs face Impossible Bonus Bills if stripped titles succeed
That lame excuse has to be the best yet
Well goodnight & goodness you all
Godbless
SFA in the dock (and about time wade in their lhads)
Ashley getting to question the SFA about fit and proper stuff, who would have believed it
SFA defence its what “the people” wanted…..hhhhhaaaa
My prediction Ashley gets a priceless away victory
SFA 0 Ashley 1
Winning Captains
_________________
Count me in as well, grand idea mate.
I would contribute to a movement that is run by the fans – for the fans.
My spider-senses tell me not to put any money into Celtic as….I believe but, cant prove, that Celtic PLC are leaving ‘convenient’ bundles of money in, ‘convenient’ places for their hun-o##-f###-pals to stay alive.
That’s how I see it.
Surely if, trophies are to be stripped from the huns then, bonus payments must be stripped as well?
On conclusion….Scottish football is finished if, the huns urny banned awe the gither….only the fans, of all the cheated clubs can enforce this.
As the song goes….”We’ve done it before and, we’ll do it again…..”
…God Bless The Jungle.
Celtic supporters – YNWA
…..laters…..
WC
Bravo! Count me in. Celtic supporters will mobilise behind you I promise. Go for it!
KevJ
God bless your family at this difficult time.
Hail Hail amigo.
Found myself wide awake. Need to tell Winning Captains to count me in. Do a professional job and put an end to all this cheating,etcetera.
Connaire
Our children would never forgive us if we did nothing.
I want my grandchildren to enjoy a clean, level playing field game.
We are the people to finish them off ironically. ;)
Carpe Diem
NEGANON2 on 11TH NOVEMBER 2015 8:42 PM
You know I do have to admire the human capacity for ongoing delusion.
So the latest cry is wait for the appeal period to end. Then you will see Celtic, ahem, Spring into action.
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There is a common sense reason for waiting until no appeal is possible. You only have to look at the LNS Commission to find it which is it jumped the gun and came up with findings based on ebts being legal. Now they are deemed not to the fan and excrement are hitting the SPFL and SFA in the face. So for them to again jump the gun would be the height of stupidity and even they and Celtic as a member club are not that stupid.
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Honestly? I mean Thor stunning contribution to the LNs enquiry was to say that they were “surprised”.
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If you read one of my blogs and SFM which I hope will be possible shortly you will find out why Celtic and other clubs could do nothing because of the legal advice they were given. It is based on the minutes of the SPL Board meeting after they were presented with the LNS Decision. I suggest you read it as it explains not just the position of SPL and Celtic then but why inaction after the time to mount an appeal lapses is not possible.
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They have studiously avoided and curtailed res 12.
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No they haven’t. There were solid reasons for the approach taken and within those constraints they were very helpful but for what are now manifestly obvious reasons did not want to do so in any media glare.
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Th only time they put their head above the parapet is to attack their own support.
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I don’t have the same inside info to debate that point and if you do, fair enough. But if you don’t, then as your judgement in the absence of really knowing is as bad as has been shown above, then it’s not a fact based view but just an opinion you are perfectly entitled to hold but could be just as wrong.
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And here you all are. Jam tomorrow. Honest. They will come good. Honest.
No they won’t. They want you at the back of the bus.
They are betraying you.
Sure come December there will be another reason to wait.
Bullshit.
============
A bit of that in your comments I’m afraid.
Winning Captain 10.58
Had HMRC lost then both Res12 and setting aside the LNS Commission would have had to find a way via the courts to force an answer.
A judicial review using crowd funding wold have had to be the next step by shareholders unless Celtic stepped in and passed Res12.
Crowd funding may still be required but because HMRC won it will be easier for fans across the football supporting spectrum to find ways of pressuring their clubs to act.
So whilst someone akin to a judicial review that includes some supporters to see the evidence is absolutely necessary, there might not be the need to crowd fund although the possibility it might happen should concentrate minds of SPFL and SFA if they think the lid is going to come off anyway.
W C..
Let’s Do It!! This is our moment.. we can change history and clean up the toxic mess that’s been a leech on our game and in our society for 100 years.
Football in Scotland cannot continue to fall, we owe it to the next generation.. do nothing, and there will be no football for them to follow.
JIMTIM on 11TH NOVEMBER 2015 11:45 PM
SID on 11TH NOVEMBER 2015 8:24 PM
Does anyone else get that nagging feeling we need to reach out to a larger audience. Despite fall in MSM the average punter by and large will be swallowing the pleas to move on. Would a fund for printed leaflets, save our game, with all bullet point details and links to SFM, be a worthwhile exercise and handed out at all grounds across the country. This is a battle we can’t afford to lose.
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Thought that myself . Every supporter of every club , who are angered by the blatant cheating . And the operation to cover it up by the media , should be combining to get the truth out there , and bypass the media and supporters of wrong doing in this country . We all have the advantage of social media . We all have friends , relations , business associates out with this country , we all know what has been going on . It’s time we took this fight out of this country . All that has gone on has been well explained on these websites , the result , and reasons for hmrc,s victory are well documented . Same with the sham that was the tribunal of LNS , it’s all documented . Get it copied and pasted and send it throughout the world . Every other sport where cheating has been found to have taken place , has been acted on and severe punishment handed out . Everywhere except here . I have emailed details of what’s been going on to friends out with the U.K. I also think the celtic SA ,the AICSC , the celtic trust should be active and in dialogue with there counterparts of other clubs supporters groups . After all they were cheated too . We can’t rely on the facts being reported honestly in this country .
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That`s it.
The key.
Nobody in the wider world gives a monkey`s about corruption in Scottish football.
Hell………BLATTER just might be a bigger story.
Russian (as if they`re the only ones) drug cheats might be a bigger story.
Celtic supporters V Rangers cheats………………………….Yawn.
Well,of course.
What`s new?
Who cares?
Scottish football supporters of every hue against Rangers cheats?
Now that IS liable to concentrate the mind.
May produce a fair result.
( N.B. our Argentinian flag waving,Maradona praising supporters in Dingwall won`t have done us any favours in this regard.)
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Alternatively get some P.R. savvy guys and place some ads. in strategic organs of the media.
( Please…..No genital references )
PR savvy is right.
I don’t know how much Level 5 are gettin’ paid to polish this ole particular crock but they’re certainly got their game face on.
I think this is the stupidest article I have ever read.
http://www.telegraph.co.uk/sport/football/teams/rangers/11990181/SPL-clubs-fear-they-will-be-hurt-financially-themselves-if-Rangers-stripped-of-titles.html?x
Good morning friends from a windless, dry and pastel-skied East Kilbride.
Italiabhoy: yup, it’s right up there with the absurd. It’s only going to get worse though.
Italiabhoy,
I noted there was no comment section to allow questioning about his imaginary sources, he is saying the sources are more worried about back bonus payments than the supporters abandoning the game in droves.
His point about UEFA might want prize money back from Scottish football clubs is a crock too, the SFA are/were responsible to regulate and ensure compliance with UEFA competition entry requirements so only the SFA can be punished or responsible to pay compensation, all other clubs complied with requirements in good faith trusting the SFA to act according to their own and UEFA’s rules.
Mornin’ Jobo.
Are you lookin’ forward to Abigail’s party?
Top of the morning to you all from a Kingdom where the still day is dawning under a clear sky.
I’m liking what Winning Captains is floating.
Crowd funding for a judicial review by Celtic? (others?) shareholders.
There must be a good solicitor advocate on this site who would be happy to pursue this but it would be rash to go to the Faculty of Advocates and get the first one that comes along (taxi-rank style) as that way courts disaster. IMHO
A friend of our enemies acting as our counsel would simply run up the bill and ask the wrong questions or ask the right ones while following the wrong procedure. [Trust me on this one as I have experience]
The choice of counsel is as important as the choice of treasurer!
H.H.
Nothing ‘devalues’ domestic trophies more than being won by a bunch of proven cheats.
The Grima Wormtongue Loyal strike again.
Canalamar,
There was a comments facility when I read it. Happily, virtually all the comments were scathing about Forsyth and incredulous of the “argument” he appears to be making. Many posters harrumphed “what has the Telegraph become?!”
Are his sources imaginary? Well, some of these men were prepared to parachute Sevco straight into the top flight, so honestly I wouldn’t put anything past them. But I can barely believe that they are so catatonically stupid to query the effect of HMRC’s victory (treating it, as they do on FF, as akin to a consolation goal in a 1-2 defeat).
It is entirely possible his sources are completely made up. But not by Roddy. A friendly PR agency could have contacted him, said “this is what charirmen are saying to us”, and Roddy repeats it verbatim.
Morning CQN
Winning Captain’s most definitely count me in! I’ll try and get some of the other Bhoys here to chip in also.
Today is the anniversary of American singer-songwriter Vic Chesnutt’s birthday, so here’s one of his most painfully honest songs that catalogued his life long struggle with depression. Undoubtedly exacerbated by mounting medial fees, sadly “he was ready” on Christmas Day 2009. Music doesn’t get any more poignant than this.
https://www.youtube.com/watch?v=V4Z-kjr4BLs
Free Healthcare for all CSC
I read that article by Roddy Forsyth , talk about the equivalent of Being in the running for The North Korean Pulitzer Prize,? ffs ,Hans Christian Anderson hasent a ferkin look in, had to be Booz or christal Meths involved while writing that drivel, had ti be.
doh! “medical”
offtoworkcsc
Big Nan has a very good and serious point about advocates, however BRTH should be WC’s first port of call to put him in touch with the same advocate who reviewed the Res 12 evidence.
Italiabhoy,
found the comments section on the laptop, never showed up on my phone.
cheers
Even if that garbage in the Telegraph was to be believed, surely any bonus payments would be supplemented by compensation claims against BDO, the SFA and SPL.
Donald Trump’s lawyers wouldn’t miss.