Partick drop legal bombshell on SPFL plans to end season

Thistle’s QC says SPFL’s info to clubs ahead of key vote was ‘inaccurate’

The Firhill club, who would be relegated to League 1 under the terms of the controversial SPFL resolution voted on by clubs last week, have raised the prospect of court action against the governing body after obtaining a legal opinion on the process of the ballot and the confusion over Dundee’s potentially decisive “No” vote which was not counted.

The 13-page document from senior QC David Thomson, an expert in company law, and junior advocate Ross Anderson suggests the SPFL may have breached their own duties by the omission of sufficient information to clubs in the briefing notes which accompanied the written resolution issued on 8 April.

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They state there are “reasonable grounds for challenging the validity of the procedure which has been adopted to date” and later add that “if the SPFL do not accept that this is the effect of its own Articles, then, in our view, court action can be commenced to seek a declarator and interdict to that effect”.

The legal opinion also insists that Dundee’s vote, which they asked not to be considered after initially submitting it, should stand as “it was no longer open to Dundee to seek to withdraw their vote subsequent to its dispatch”.

Hearts have previously threatened legal action against the SPFL in the event they are relegated to the Championship due to a curtailed season, while Rangers have called for the suspension of SPFL chief executive Neil Doncaster and legal counsel Rod McKenzie.

But Thistle’s legal missive may have dealt the fatal blow to the resolution to call time on the campaign with titles, promotions and relegations decided on the basis of league standings when football was suspended due to the coronavirus pandemic last month.

The SPFL board held a videoconference meeting last night as they digested the latest developments. Thistle also added their voice to calls for the £9.3 million of end of season prize money to be advanced to clubs in the form of loans.The Thistle statement read: “At a time when football is not a priority and when people are suffering across the country, Partick Thistle is dismayed that Scottish football remains in limbo as a result of Friday’s vote.

“The basis of our approach throughout this situation is that no club should be worse off, either financially or in a sporting sense, as a result of any resolution.

“We have obtained a Joint Opinion from Senior and Junior Counsel to identify what can be done to remedy this situation. The QC’s legal Opinion concludes: 1. The information dispensed to clubs and the process utilised in putting forward the resolution, could potentially be held to be a breach of the duty by the SPFL to provide sufficient information to member clubs to allow them to make a properly informed decision in relation to the SPFL’s resolution.

“In particular, the Opinion highlights the fact that the SPFL did not explain to member clubs alternative means by which payments could be made other than by requiring the immediate termination of the current league season. On

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