Hearts and Partick Thistle await date for start of tribunal

The independent tribunal was expected to start this week. Picture: SNS

Hearts and Partick Thistle have yet to be given a start date for the independent tribunal in their case against the SPFL over their relegation from the Premiership and Championship respectively.

It was expected to begin this week but it is understood the Tynecastle club have not had a date confirmed.

The 2020/21 Scottish Premiership season kicks off in just 16 days’ time which could present some difficulties depending how the tribunal goes.

The SFA's independent arbitration process will be played out in private, unlike the court of session hearing and no official from the governing body will be involved.

A three person panel will oversee the tribunal with Hearts and Partick Thistle picking one individual and the SPFL likewise. Those two selected will decide on a third to chair proceedings.

It is the people selected as arbitrators who decide on timings of the tribunal, not the SFA

The clubs’ legal challenge over what they see as unjust demotion was referred to the Scottish FA’s arbitration process by Lord Alistair Clark QC following a court of session hearing which took place over three days earlier this month.

A significant reason for his ruling was rule 99 in the SFA articles of association which states clubs cannot take a football matter to court without permission from the SFA board.

It has prompted consternation in recent days with the SFA issuing a notice of complaint to Hearts and Partick Thistle earlier this week alleging they had breached ‘Disciplinary Rule 78’ which itself states: “No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99”.

It left the clubs “incredulous”.

If found guilty, punishment ranges from a small fine of £500 to possible termination or suspension of their SFA memberships.

Conversely, Lord Clark offered his opinion on article 99, noting the existence of possible membership termination “is a factor which requires to be considered when analysing the lawfulness or otherwise of Article 99.15.”

As part of the ruling he granted Hearts’ and Thistle’s request for documents to be uncovered relating to the case before it is heard by a tribunal, while dismissing the three promoted teams, Dundee United, Raith Rovers and Cove Rangers’ motion to have the Hearts/Thistle complaint dismissed altogether.