RECLAIMING MOTION BY PARK'S OF HAMILTON (HOLDINGS) LTD AGAINST THE SCOTTISH FOOTBALL ASSOCIATON LTD AND ANOTHER FOR JUDICIAL REVIEW [2021] ScotCS CSIH_61 (20 October 2021)

RECLAIMING MOTION BY PARK'S OF HAMILTON (HOLDINGS) LTD AGAINST THE SCOTTISH FOOTBALL ASSOCIATON LTD AND ANOTHER FOR JUDICIAL REVIEW [2021] ScotCS CSIH_61 (20 October 2021)

Article 99.19(a) of the SFA Articles of Association, properly construed, does not restrict notification of arbitration to SFA members or associated persons. Any party with an interest in the dispute, including third parties with a direct patrimonial interest, is entitled to receive the Secretary's Notice. The petitioners have at least a prima facie case for such entitlement, and the Lord Ordinary's grant of interim interdict was justified.

Citation
[2021] ScotCS CSIH_61
Parties
Petitioners and Respondents: Park's of Hamilton (Holdings) Limited; Respondents and Reclaimers: The Scottish Football Association Limited; Interested Parties: The Rangers Football Club Limited
Jurisdiction
Scotland
Judgment Date
20 October 2021
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) Against Interim Interdict
Outcome
Reclaiming motion refused; interim interdict maintained.
Legal Topics
Arbitration Clauses in Sports Associations, Third Party Rights in Arbitration, Interim Interdicts, Interpretation of Articles of Association
Sports Law Contract Law Arbitration Arbitration Clauses in Sports Associations Third Party Rights in Arbitration Interim Interdicts Interpretation of Articles of Association

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Parties

Park's of Hamilton (Holdings) Limited

Petitioners and Respondents

The Scottish Football Association Limited

Respondents and Reclaimers

The Rangers Football Club Limited

Interested Parties

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) Against Interim Interdict

Legal Issues

  1. 1 Whether the petitioners are 'parties with an interest in the dispute' under Article 99.19(a) of the SFA Articles of Association and thus entitled to receive the Secretary's Notice of arbitration
  2. 2 Whether the Lord Ordinary was correct to grant interim interdict prohibiting the SFA from appointing an arbitral tribunal without issuing notice to the petitioners

Ratio Decidendi

Article 99.19(a) of the SFA Articles of Association, properly construed, does not restrict notification of arbitration to SFA members or associated persons. Any party with an interest in the dispute, including third parties with a direct patrimonial interest, is entitled to receive the Secretary's Notice. The petitioners have at least a prima facie case for such entitlement, and the Lord Ordinary's grant of interim interdict was justified.

Court Disposition

Reclaiming motion refused; interim interdict maintained.

Orders

  • The interlocutor of the Lord Ordinary dated 23 August 2021 is affirmed.
  • The SFA is prohibited from appointing an arbitral tribunal in the dispute between the SPFL and Rangers without first issuing a Secretary's Notice to the petitioners.