Hearts and Partick Thistle hit out at 'oppressive' Scottish FA charge

Hearts and Partick Thistle say they are “incredulous” after being hit with what they describe as an “oppressive” charge by the Scottish FA for disputing the means by which the 2019-20 season was curtailed in the court of session.

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The two clubs face relegation from the Premiership and the Championship respectively after the Scottish Professional Football League abandoned the last campaign due to the impact of coronavirus. The SPFL’s approach during that process was highly controversial on a number of levels. Neil Doncaster, the SPFL’s chief executive, sits on the Scottish FA board. Mike Mulraney, the acting president of the Scottish FA, is the chairman of Alloa, previously embroiled in a relegation battle alongside Thistle.

After challenging the SPFL in court, the two clubs had the matter referred to Scottish FA-organised arbitration. Hearts and Thistle successfully petitioned the court to have a series of documents recovered while Dundee United, Raith Rovers and Cove Rangers – promoted clubs – failed in their legal quest to have the case dismissed completely.

The Scottish FA has now acted according to its disciplinary rule 78, as 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.” In court, Lord Clark raised questions as to the validity of article 99.

Responding to the charge, Hearts and Thistle said in a joint statement: “We are incredulous to have received a notice of complaint from the SFA in the circumstances. It is oppressive of them to require submissions from both clubs by 20 July when we are, in terms of their own articles of association, actively engaged in arbitration.

“As our focus must be squarely on that, we have already requested the SFA to review the timing to allow us to be properly prepared and represented. That is the very least we should expect from the process.”

The new Scottish Premiership season is scheduled to begin on 1 August. In their court petition, Hearts and Thistle pursued reinstatement to divisions or a compensation figure totalling £10m.