Exclusive - The TRUE story of how the ISG tried to take the SFA to Court
The following is an accurate account of the events leading up to the proposed court action the ISG
planned to bring on the SFA.
Friday 14 April
At a conference organised by The Scottish Independent Supporters Coalition Organisation ("SISCO") in
Edinburgh, ISG and AFCSA reps attended a seminar addressed by the Chief Executive of the SFA, David Taylor. The
ISG reps. elect to confront him on the ticket allocation issue for the Scottish Cup Final and forcefully remind
him that the SFA are duty bound to treat member clubs equally. He points out that he is aware of the strong feeling
in the North-East and that he is meeting the Evening Express Editor and Charlie Allan later that day to receive
a petition. He also informs us that the final decision will be announced on Monday 17 April.
The ISG reps. receive backing from the Chairman of SISCO and the United for Change delegation, who pledge financial
support if court action is necessary.
Saturday 15 April
The full ISG Committee meet early that morning and spend a considerable amount of time on the ticket allocation
issue. A strategy is agreed based on the following scenarios.
If the SFA decide on an equal split of tickets - The ISG will issue a press release praising the SFA and the Evening
Express for the Fair Play campaign.
If the difference in ticket allocation is 2000 or less - The ISG will issue a press release criticising the allocation,
but thereafter let the matter rest.
If the difference in ticket allocation is more than 2000 - The ISG will seek legal advice.
Sunday 16 April
Should court action be necessary, the ISG committee agree a joint approach with the Shareholders Association (AFCSA)
and the Red Final fanzine.
Monday 17 April
The expected announcement is not made. There is a feeling among many onlookers that there are some behind closed
doors discussions going on.
Wednesday 19 April
At 5.30 pm the allocation is announced: Rangers are to receive 7000 more tickets than AFC.
It is agreed that the ISG Committee will meet with AFCSA and the Red Final the following evening. They Issue a
Press release stating they may take legal action against the SFA.
No direct contact is made from the Club to the ISG/AFCSA.
Thursday 20 April
ISG, AFCSA and Red Final reps meet in an Aberdeen Hotel. Those present discuss statements AFC have made on the
ticket allocation. It appears that the Club will appeal through the SFA channels but are unlikely to take court
action. It is agreed that the funds to back possible court action would need to come from those present as individuals
(as opposed from any funds each group may have). Each present at the meeting pledge sums of money to a fighting
fund and agree to contact an Edinburgh-based corporate lawyer who AFCSA have employed in the past. She is a Dons
fan and shareholder.
BBC's Watchdog programme contacts the AFCSA for details on the Ticket Allocation.
No direct contact is made from the Club to the ISG/AFCSA.
Friday 21 April
The AFCSA contact their corporate lawyer and she agree to act on our behalf for no fee. This is a massive gesture
on her behalf. She goes further and suggests that she may be one of the petitioners should court action become
necessary.
No direct contact is made from the Club to the ISG/AFCSA.
Wednesday 26 April
The lawyer informs the ISG that the case against the SFA is robust and believes the case is winnable. The ISG reps
agree to meet with her on Saturday morning in her Edinburgh offices. The club's attitude towards legal action remains
difficult to judge. They want to exhaust the SFA appeals avenue first.
No direct contact is made from the Club to the ISG/AFCSA.
Friday 27 April
SFA reject the club's appeal and it appears that AFC have thrown in the towel
No direct contact is made from the Club to the ISG/AFCSA.
Saturday 28 April
Our lawyer outlines the case and the possible costs! Even with her fee being waived, costs are high as legal counsel
does not come cheap. She wants the court to order a Judicial Review of the SFA's decision and feels that the case
is good. She suggests that we talk to the club, feeling that a joint approach would strengthen our case.
No direct contact is made from the Club to the ISG/AFCSA.
Sunday 29 April
The ISG Committee, AFCSA and Red Final meet again. It is agreed that the ISG and AFCSA Chairmen should request
a meeting with Gordon Bennett for the following morning, to clarify the club's position.
No direct contact is made from the Club to the ISG/AFCSA.
Monday 30 April
At the meeting with Gordon Bennett the ISG/AFCSA reps ask the Club to take legal action against the SFA, as the
Club are in the best position to do so. Gordon Bennett states that they are advised that winning the case would
be difficult, but they could be persuaded to go ahead
ISG/AFCSA reps. then ask that if the ISG went ahead with legal action on their own, would the Club pay their legal
costs (est. £10k). Gordon Bennett says "No". ISG/AFCSA reps. then ask if the Club would contribute
£1k-£2k to a fighting fund. Gordon Bennett says this would be difficult and would need Board approval.
ISG/AFCSA reps ask if the Club would publicly support the campaign via press statements. The Club give an indication
that they may be able to do this.
This was not exactly the support the ISG/AFCSA were looking for.
The ISG/AFCSA and Red Final meet later that day and hold a teleconference with their lawyer. The club's position
is outlined to us via the reps. who met earlier with Gordon Bennett. The Club intends to launch one further appeal
via the Emergency Committee of the SFA. If this fails they believe legal action would be expensive and might not
succeed. Support from the Club for any ISG/AFCSA/Red Final campaign is not guaranteed.
Having discussed all the issues with our lawyer, those present agree that she should contact the Club and liase
with their legal advisors. In addition it is also agreed that the group will proceed with legal action whether
or not the Club are one of the petitioners. It is also agreed to hire Queen's Counsel to act on our behalf
The group now all realise that the costs will mount!
Media strategies are then discussed and are aware of a possible West of Scotland backlash. The group decides to
contact the Evening Express via Charlie Allan and he agrees to meet us that afternoon, with the Evening Express
Editor.
We discuss with the Editor and Charlie Allan our approach. They give us the news we need to hear. They will back
us 100 per cent. They will also organise an appeal to help us fund the costs of possible action and will do all
they can to assist us. It is agreed that any funds in excess of required costs will go to the paper's "Cash
for Kids" appeal.
Everyone is now up for the fight, however one issue remains… will the club join us? We are ready and willing to
go to Court the following day, but need a definitive answer from the Club. With the tickets due to be distributed
in three days time, it is evident time is not on our side. Our lawyer contacts Gordon Buchan (AFC Director and
legal advisor) at home and he informs her that she needs to talk to someone in his firm at 9.00 am the following
day.
Believing that BBC's Watchdog are coming to Aberdeen to film the following day, the group contacts Gordon Bennett
and requests that he asks the Watchdog team to speak with the Group so we can outline our case. He agrees to do
this.
Tuesday 2 May / Wednesday 3 May
We endure two very frustrating days.
Our lawyer attempts to contact the Club's legal advisor, as instructed by Gordon Buchan the previous day. As it
turns out, the club's legal advisor is on holiday for a week and the person covering for them is in Court on other
matters. The Club's legal advisors request sight of papers prepared by our legal team on the case.
It is not until late on Wednesday that the Club's legal advisors agree to a breakfast meeting in Edinburgh for
the following morning (Thursday) with our legal team. Time is now becoming an important factor for us all. The
problem is that the tickets are due to be issued the next day. This two-day delay in the process will ultimately
prove fatal.
No direct contact is made from the Club to the ISG/AFCSA.
Thursday 4 May
The club's advisors inform our legal team that they will not go to Court with us. At the same time, Gordon Bennett
called the AFCSA to confirm this, but wishes us every success.
The Club feels that, on the balance of probabilities, the case cannot be won. We hear that TNT are delivering the
RFC ticket allocation to Ibrox!
Our lawyer calls and says that the case is still strong. The legal bills have mounted up and to take the case to
Court will cost us more. If the SFA win, we will be faced with a five-figure bill. We can accept this. The real
issue is if we win the case and the SFA appeal and subsequently win that appeal, then the bill then could be upwards
of £30,000.
The ISG Committee remain committed, but are concerned at the costs. Will the club help us then? Will the public
appeal work? The AFCSA and Red Final caution us against letting our hearts rule our heads. They make the ultimate
sacrifice. Although both parties feel it's better to let the case drop, they will still sign up to it and contribute
the original sums they had agreed to. It is a huge gesture on their part.
We agree to make a decision within the hour. Many phone calls take place in the next hour. We talk with our lawyer
again. We ask when Court papers could now be submitted. The answer is Friday afternoon, after working through the
night. The trouble is that Rangers may have distributed a large number of tickets by then. This would not stop
the proposed Judicial Review, but would the Court look favourably on us taken this action so late in the day with
tickets having to be invalidated? It now appears out of our hands.
At 3.30pm we inform our legal team to abandon the action.
There is a huge sense of disappointment and despair. We still face considerable costs, but that is secondary to
our sense of injustice.
Friday 5th May
BBC's Watchdog presents a lukewarm case for the ticket fight, without any inclusion of the group's work. The battle
is truly over. However, valuable lessons have been learned.
We have proved that different organisations i.e. the ISG, AFCSA and the Red Final can work together for the good
of AFC fans. We also have a fantastic legal team behind us. It may be that we will need them again, and not just
to do battle with the SFA. We have also shown that the little guy can push the boat out a long way, however difficult
that maybe.
We have also learned that the Club can behave very strangely and unprofessionally at times. In a week where we
were prepared to commit our own personal finances to take the SFA to the highest Court in the land on behalf of
the Club and its supporters, not once did the Club instigate direct contact with any of the Group involved.
On behalf of the ISG, AFCSA and Red Final we would like to thank Peter Grant-Hutchison, Charlie Allan, the Editor
of the Evening Express and in particular our lawyer Karyn Watt for their support over the last few days. Without
that support, we would never have even got this far.
West End Red.
If this isn't a great argument for joining the ISG then nothing is - join today