Legal challenge on cards as Dundee U-turn swings vote

The Scottish Professional Football League is facing a legal challenge after declaring its controversial resolution to end the 2019-20 season has finally been passed.

Rangers are also poised to lend their weight to efforts to oppose the validity of the resolution as the Ibrox club remain on a collision course with the SPFL executive. Picture: John Devlin

A U-turn from Dundee, whose initial vote against the resolution was not counted last Friday, allowed the SPFL board to announce the required threshold to implement the plan had been reached.

It means Dundee United, Raith Rovers and Cove Rangers have been declared winners of the Championship, League 1 and League 2 respectively on a points-per-game basis from the league standings at the time football was suspended due to the coronavirus pandemic.

On the same basis, Partick Thistle and Stranraer are relegated to League 1 and League 2 respectively. The board now also have authority to call the Premiership campaign but will await the outcome of a Uefa executive committee meeting next Thursday which is expected to make a ruling on the ending of top flight leagues across Europe.

The SPFL have also set up a working group to consider an expanded Premiership model for the 2020-21 season, which will be headed by Hearts owner Ann Budge, pictured, and Hamilton Accies vice-chairman Les Gray. League reconstruction had been cited by Dundee as a potential reason for them changing their stance.

The Dens Park club, having issued a statement earlier in the day confirming they had “electronically submitted” a No vote last Friday, ended their prevarication by voting Yes just before the scheduled SPFL board meeting at 5pm yesterday.

Partick Thistle had already outlined the prospect of court action against the SPFL if the resolution was passed, having obtained a written legal opinion on the process from leading QC David Thomson which accused the governing body of providing “materially inaccurate” information to clubs before the vote. It also stated that Dundee’s original No vote should have stood.

Stranraer last night backed Thistle’s stance as they issued a statement expressing their dismay at the manner in which the resolution has been passed.

“Stranraer FC fully support the legal submission shared by Partick Thistle with all member clubs and the SPFL,” it read, “in that the current SPFL proposal is legally flawed, and the SPFL’s failure to adhere to a proper process to date is most definitely subject to legal 
challenge.”

Rangers are also poised to lend their weight to efforts to oppose the validity of the resolution as the Ibrox club remain on a collision course with the SPFL executive.

If the Premiership is declared over on the same basis as the other three divisions, Celtic will win a record-equalling ninth consecutive league title.

Rangers are 13 points behind their Old Firm rivals at the top of the table with a game in hand and 27 points to play for.

“The resolution also gives authority to the board to make a decision on the remainder of the Ladbrokes Premiership season,” said the SPFL statement, “and the board is committed to consulting with Premiership clubs before any such decision is made.”

Along with Rangers, Partick Thistle and Stranraer, the other five clubs to vote against the resolution were Hearts, Inverness Caledonian Thistle, Falkirk, East Fife, Stranraer and Edinburgh City.

SPFL chairman Murdoch MacLennan insisted the resolution was the only “realistic” option in the circumstances and called for all clubs to move on from the acrimony it has caused. That appears a forlorn hope.

“Whilst more than 80 per cent of clubs agreed with the directors’ written resolution, it’s clear that others were strongly opposed,” said MacLennan. “There has been talk of voiding the season, making emergency loans and so on, but what has been agreed today is not just the best way forward, it was the only realistic way forward and I now call on all 42 clubs to move forward in a constructive and positive way.

“With the turmoil and uncertainty caused by the Covid-19 outbreak, there was always going to be a highly-charged and passionate debate about how we secure the future of Scottish football.

“It is no exaggeration to say that this was an existential matter for Scottish clubs, with many of them telling us they were at real risk of going under unless the situation was resolved very quickly, so I’m pleased that the game has moved decisively.”

MacLennan also commended Dundee United, Raith Rovers and Cove Rangers for title wins many will regard as unsatisfactory.

“I want to pass on my warmest congratulations to all three clubs on their successful campaigns,” he said. “This was a highly unusual end to the season, to say the least, and not the one any of us would have preferred, but all three deserve enormous credit for their performances over the course of the season.”

SPFL chief executive Neil Doncaster insisted they were unable to allocate any funds to clubs until the resolution was passed.

“Prior to this positive result, we were unable to make the vital end-of-season payments, which will provide a lifeline to so many clubs in the lower divisions,” said Doncaster.

“From our detailed discussions with clubs, many were facing an enormous cash-flow crisis. We have moved as quickly as possible to try to resolve this unprecedented situation.

“We’ve achieved the 75 per cent agreement threshold in the Ladbrokes Premiership, Championship and Leagues 1 and 2 and will now be working as quickly as we can to get the end-of-season payments to members in the three lower divisions by the end of this week.”

In its statement, the SPFL pledged to back the working group into league reconstruction, ironically being headed by the two clubs in the bottom two places in the Premiership. As it stands, Hearts would be relegated.

“The SPFL board has also committed to consult on possible league restructuring in time for season 2020/21 around an expanded Premiership model and has appointed Hearts chair Ann Budge and Hamilton Academical chair Les Gray to jointly lead a reconstruction task force, bringing in other football figures to provide input and support,” it said. “The SPFL executive will provide all possible services and support to make the work of the task force a success.”