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Celtic Diary Monday November 14: Is There A Superinjunction In Place?

The medias reluctance to even discuss any matter that has any connection, no matter how small, with Resolution 12 can only point to a superinjunction being in place.

Or, as they are known in Scots Law, an interdict… ( Or a handshake between goat botherers )

In Scots law, an interdict is a court order to stop someone from breach your rights.[1] They can be issued by the Court of Session or a Sheriff Court. The equivalent term in England is an injunction. A temporary interdict is called an interim interdict.[2] A court will grant an interim interdict if there is a prima facie case and on the balance of convenience the remedy should be granted.[3] Breaching an interdict can result in a fine or imprisonment.[4] 

The “rights ” in question are the rights to privacy,

In Scotland, the rules were simply that if no one challenges such an order within 48 hours it will be put in place..

Up to 2013 , at least, when new draft rules were drawn up , according to Robert Buchan on the Brodies website, who explained how it all works in his article of July 2013;

The issues of anonymity and reporting restrictions are currently very topical in Scotland as The Scottish Civil Justice Council has just launched a consultation on draft revised court rules.

These new rules would introduce clearer rights for the media to challenge the grant of any order which restricts the reporting of proceedings, rather than the current position which focuses mostly on possible variation or recall after the order is granted. The consultation is open until 2 October 2013 and can be accessed here.

In 2010 in the case of Mackay and BBC Scotland v The United Kingdom the European Court of Human Rights was critical of the informal procedure which had been adopted in Scotland up to that point which allowed orders to be made and then become final if the media made no challenge within 48 hours.

That criticism related to a statutory power under the Contempt of Court Act 1981 to restrict reporting and led to the creation of Chapter 102 of the existing Rules of The Court of Session. It was felt that reporting restrictions and related anonymity were not limited only to contempt situations and that wider reforms were required to ensure that all situations in which a court is considering making an order which restricted freedom of expression were covered, including other statutory provisions as well as inherent powers of the court. Different decisions in Scotland had produced different views on the extent to which Scottish Courts had inherent powers to grant anonymity and so clarification was required and a level playing field created.

At the time, the proposed new rules would have changed things..

.…the new draft rules allow the media an opportunity to make representations to the court before any order is made. This is in addition to the existing rules of challenge or variation after grant. The court would have to send a copy of the draft order to people who have registered an interest in seeing such orders and include sufficient information to provide them with a basis to challenge the application. No doubt a long list of interested parties will quickly form if these rules are put in place. However  notably  there is also a non-notification rule which applies when there are compelling reasons not to inform the media such as an individual seeking an interdict to restrict the disclosure of private information.

So what of super injunctions in Scotland? Adopting a “canny” Scottish approach the Scottish Civil Justice Council is not convinced that the non notification rule will result in a rush to obtain these types of orders in Scotland solely on the basis that there have not been so many privacy type cases to date. However the effect of these new rules and the impact of the high profile Giggs  certainly mean that the stage is set for  super injunctions (or interdicts) becoming more common. It is worth all parties and their legal advisors, and not just footballers, being aware that it can be a whole different ball game in Scotland!

I’ve no idea if they came into force, and I haven’t looked.

But I’m fairly certain that a couple of rolled up trouser legs and the correct handshake would have seen any such application go through as quietly as possible. Especially if they didn’t have to tell anyone anyway.

Indeed, was this the event that prompted a change in the rules ?

If an interdict is in place, it would have been set up before 2013, as the events surrounding the allegations the Resolution 12 guys are making took place before that, when someone could petition the court and not have to tell anyone he was doing it.

If such an interdict is in place, we would have to ask who took it out.

Would it have been the SFA, in order to protect their own around the shambolic circumstances that surrounded the insolvency event that saw the original Rangers end up in liquidation ?

Could it have been David Murray, who was behind the fall of Rangers ?

Could it have been a wee bit of collusion between the two, as neither of them have featured in any post mortem surrounding the death of Rangers ?

Would this explain the “legalities ” offered as an explanation by some in the media as to why they wouldn’t run with the story ?

Even Channel 4, who were ready to run with it, pulled the story on the advice of lawyers, and sometimes, what people don’t tell you can lead you to the answer to the question you are asking.

Something is preventing a proper and thorough investigation of the events up to and beyond the liquidation of Rangers. It might not be cowardly editors and journalists after all.

Celtic have also ben reluctant to comment on this issue. Is this the reason ?

The AGM is this week, maybe someone could ask them.

Someone needs to start answering some questions soon, or at least tell us why.

 

Lets expand on this for a moment,,,supposing you were in the media, and you could not report on something that you know is wrong, but you know who is behind it…

What would you do ?

You’d go about it another way, wouldn’t you…

The trial of Stewart Regan – why the man in charge of the SFA needs to go

 

Scotland’s problems run deeper than Gordon Strachan and it’s time to take aim at the SFA blazers – Jackson

 Or maybe I’m giving them too much credit here, but it does rather look like they get on his case as soon as they can -unless its over Res 12, which oddly enough is the only one with the evidence that would finish him off.

Maybe they know he’s a wrong ‘un, but can’t get him over Resolution 12, so they’ve gone around that wall and attacked him from the flanks..

 

 

Scottish football has been host to the biggest scandal in European sporting history.

Yet no one is talking about it.

Why ?

Have we just stumbled on the answer?

 

The petition demanding the SFA comment now has over three thousand signatures in just a few days.

Get it signed, and get others to sign it.

The SFA Has To Respond To Allegations Of

Impropriety Concerning The Issue Of UEFA

Licences

petition-link

 

 

 

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Monti
7 years ago

Morning Ralph,
Bang on with this mate!
Maybe the Masonic hand is at play in all of this, it wouldn’t surpise me one bit!

Uralius
7 years ago

Ralph,

I think you have figured it out! So how do we move forward from here? Nobody will take this up due to legalities.
Can we circumvent this wall, who should this petition go to? Should we be petitioning for something else?

Haitch
7 years ago

The fans will not buy season tickets for a new club. They will buy season tickets for a continuation of the old club. Therefore the football authorities and the media spin the same club line. Any journalist who breaks ranks puts his job in jeopardy. No need for a super injunction.

7 years ago

It is difficult – nae amazing that not one single politician has been prepared to take this obvious case of corruption up and raise it at the highest levels possible . . .I smell a big giant sized dirty rat . . .and I’m not just talking about Stuart Regan.

mike
7 years ago

The Super injunction could be the answer,or perhaps one answer.
However it does not explain the continuation myth,perpetuated by the bigoted Scottish media.
My own opinion is that the SFA maintain the “Rankers” mythology because they like our own Board believe that without “Thems” Scottish Fitba. would be reduced to Junior level.
That the only meaningful thing about Scottish Fitba. is the “old Firm”,that everything else is irrelevant.
Average players salaries in the EPL are almost £2.5 million pounds,compared to Scotias £151,000 nearly.
Without the “Old Firm”Scottish Fitba. would be kaput in any real meaningful way.
That one set of games attracts World Wide attention,without it the SPFL would reduce to the same level as our Scottish National team.
Just my opinion.

Monti
7 years ago
Reply to  mike

Morning big nose!

mike
7 years ago
Reply to  Monti

Yoda to you bhoy.

He kens his place,Yoda doesny dae back of the bus and neither does his nose,like the front of the auld Concord plane its at the front,pointing upwards towards the sky.Its moving fast,geeze here it is its arrived in New York,or is it auld York? Who kens.Who cares,no me.

Monti
7 years ago

What has to be remembered is what rangers stood for to a lot of people in bigoted Scotland.
They were the club of the Protestants, Orange and Masonic fraternities.
You just need to look at how far and wide their reach was ( although their friends didn’t save them from liquidation, which is interesting) here in Scotland.
When you go into dockyards all or most of the high positions are filled by ” rangers” men, bosses, supervisors and there must be a reason for this.
Masons, Huns and dobs still have an unhealthy presence in Scottish society, this is the establishment.
If you got rid of all of them, Scotland would be a far healthier environment to live in!

The Charlie Saiz International
7 years ago
Reply to  Monti

Off topic I know but I would venture to suggest that in an Independent Scotland it would get worse for anyone outside that particular clique?
Something to bear in mind should any future vote become a reality.
I’m not a Unionist btw I’m a Socialist with a strong conviction in a fairer Society regardless of the Union Indy debate.
My da always maintained that Catholics would suffer again under a Nationalist banner and an Independent Scotland and I happen to think he’s right.
These cunts will circle the wagons again without the external pressures from own South.

portpower
7 years ago
Reply to  Monti

Nothing is a must Monti.

john young
7 years ago
Reply to  Monti

monti they are the reason this country was/is/and will be for a long time a backward/inward looking country,unfortunately they do not recognise Scotland as a country,so it will be all but impossible to get anything done.

Jez
7 years ago

Good article, got me thinking……If a news group had been hit with a super injunction/interdict thingy would that mean that they were legally required to remove any comment in relation to the offending topic from its website public forum comments page as well as not commenting on it themselves?
I ask because the moderator for the Herald comments page states that he will ‘delete’ any comment he regards as personal, off issue or offensive but the comment is removed & replaced with the word ‘DELETED’, the date & time it was posted remains as does any replies that are not in themselves offensive!
On several occasions when I have issued a broadside of facts relating to the demise of rangers fc & the insult to common sense that is Sevco & in particular its claim to be the afore mentioned deceased club. My posts have been ‘removed’, not deleted, no ‘DELETED’ message is left in its place or any date & time that it was posted, it is simply gone!
Now I have had problems posting on the Caption page here a few times but that has been where it has failed to post as opposed to being posted, having replies posted to it & then both being removed from the site. The strangest bit is where the post has been removed & some harmless replies remain, so you have replies to a post that never was. The ‘removal’ of posts in relation to rangers/Sevco appears to be something very different to the stated forums rules & may be worth a wee look at, if you post a comment on the forum that pertains to the issues that you suspect may be covered by an interdict & it is ‘removed’, then you have your answer…..or not.
Its a theory.
Where’s the caption? I live for this shit!!!!!

Jez
7 years ago
Reply to  Jez

Of course I mean where is the picture to be captioned? I have a caption sitting ready & there’s bloody picture!!!

Jez
7 years ago
Reply to  Jez

“& there’s…’NO’… bloody picture”. I should get a job on the Record or the Herald or something because I keep leaving important shit out!

portpower
7 years ago
Reply to  Jez

Caption:

Effin, effin eff.

7 years ago

The problem I have with the notion of an injunction or super injunction is that if there was one in place surely we would know about it rather than just suspect it.

How can such a thing be kept secret in these days of instant communication?

7 years ago

Can I remind you all that when we were booking the Res 12 newspaper ads earlier in the year, CQN was contacted by The Herald Group canvassing for the business. Our plans were primarily centred around placing the ads in a Swiss and a London newspaper.

We did say to the Herald that we’d look at it and that was as far as it got to before they contacted us to say that ‘the powers that be” had made a decision that they wouldn’t carry a Resolution 12 ad in any of their newspapers.

They had never seen the copy.

Then the Guardian pulled the ad even though they had been paid for it and the copy was hardly contentious.

That would go against an interdict as it wouldn’t apply in England.

The Swiss newspaper, the Tribune de Geneve, had no problems whatsoever running the same ad.

All this points to influence and favours – that didn’t extent to Switzerland rather than any court order.

Monti
7 years ago

If there was a super injunction in place, they wouldn’t tell us, it’d be a secret!

Jez
7 years ago
Reply to  Monti

Oh well, there must be a hell of a lot of super injunctions about because their telling us a whole lot of nothing!

portpower
7 years ago

Prima facie:

Dialect Delict…

Tort `R` US.

CarllJungleBhoy
7 years ago

It has previously crossed my mind that, rather than some widespread funny handshake conspiracy embracing right across all aspects of Scottish society, some sort of legal injuction would at least be a logical explanation for the conspiracy of silence surrounding the #Res12 issue across the SMSM. The simple fact that the Offshore Game report managed to get past Private Eye’s legal eagles without any difficulty, does seem to lend weight to the suspicion of their being some local – Scot’s law specific – reasons impacting the failure of the media to even whisper about this in public.

I’m beginning to think you might be onto something here Ralph!

Monti
7 years ago

Carl,
Possibly…….but the handshake exists on an industrial scale!

portpower
7 years ago
Reply to  Monti

Make them say sorry, Please…

portpower
7 years ago

Queen of the South, Lets expand?

portpower
7 years ago

You`re fine.

Scottish Football is in our modified kids gloves.

Deafness enclosed, a bye.

elcormaco
7 years ago

I had a piece on the site – though I cant see it now – which called for Regan’s head – interesting the papers have now come round to my point of view…without mentioning Resolution 12 of course…and without suggesting far reaching SFA reform, like taking off the head will cure the disease

Monti
7 years ago

Who won the fucking caption competition yesterday?

Jez
7 years ago
Reply to  Monti

More to the point where is todays???? I am I meant to just think up nasty comments about Sevco just for the hell of it?

portpower
7 years ago
Reply to  Monti

no effer from The Southern Hemisphere.

broxburnbhoy
7 years ago

If there is such an interdict, then one would think that the MSM would use their English editions ( where they have one ) to break the story. This story would be big and attract advertising and sales of the newspapers. I think there may well be some kind of interdict AND a hesitance from editors and owners to mess with the brethren’s heads. Maybe because they are the brethren and maybe because those who are less likely to be brethren are scared of violence and intimidation that would no doubt come their way. The total silence even from Celtic is suspicious. Maybe one of the Irish newspapers would like to step forward and break the story?

portpower
7 years ago

FFS.

We`re all to chip in.

SFA =

portpower
7 years ago

If we`re to start a new Celtic FC after Wednesday?

I can only jet in on pancake Tuesday as an Aussie Keeper Ghirls and Bhoys.

Res12 do it Better.

7 years ago

Celtic F.C is part of the problem,Celtic know full well what went on,and what has transpired from liquidation days.
To me they are more guilty than the sfa,for failing to protect the club,and to ensure the best interests of the shareholders were achieved.
A loss of revenue,and therefore a loss of profit,to the shareholders,and to the club must mean something is really amiss and needs questioned. Our board,should be aware,that we don’t sit back and just accept shite.
Cmon Celtic get it done. If the shoe was on the other foot,we would have been buried long ago.

portpower
7 years ago
Reply to  jimmybee

And yet they rhinestone rattlers are singin`;

Would`ld have?

portpower
7 years ago
Reply to  portpower

Christ,(from what i`ve heard) even Peter sings)

john young
7 years ago
Reply to  portpower

I fcuking swear it gets better every time I play it

The Charlie Saiz International
7 years ago
Reply to  jimmybee

Spot on.

portpower
7 years ago

I may in November

portpower
7 years ago

Rebus67
7 years ago

If there is an interdict in place, surely there is a listing of it somewhere? How else can it work if people and organisations are not aware of it? Any lawyers out there who insight into the process?

Could an interdict be the reason that the Res 12 ads were pulled from the Herald and the Guardian? You would think that the advertisers would have been informed if that was preventing the media publishing the ads.

Rebus

portpower
7 years ago
Reply to  Rebus67

Drift nets sells?

portpower
7 years ago

BTW, Kris`s heid is rooted.

Pass it on.

Jez
7 years ago

I got soooo fed up with there being no caption competition today that I went on FollowFollow.com to see if they had one but no luck their just spitting out their dummies about some book called ‘Anyone but Celtic’!? It appears to have really pissed them off for some reason, the author’s getting both barrels as is the editor as is the guy who wrote the foreword as is the SFA for being biased & dancing to timmy tunes as are the refs & linesmen who have the cheek to talk while smiling to a celtic player or to give decisions against Sevco but the guy that’s really getting it is wee Tom Boyd!???
Apparently we’re making a mockery of the league by being corrupt & buying the title every year while walking down our state sponsored Celtic way while lecturing them about how nasty they are to us & how all this is heart breaking & how we really don’t deserve, we really don’t!!!!…….lol
See, its not just the club that’s comedy gold, the fans are hysterical as well!!!!!

Monti
7 years ago

I would like to add, if this whole Sevco circus had been Celtic and Celtic went into administration then liquidation….it would all be a very different story wouldn’t it?
The media would be full of it every fucking day.
They are a fucking disgrace to their profession!

Fuck each and every single one of them!

mike
7 years ago

A magnificent Super Nova Moon here tonight in Bonny Dundee,
apparently Monti bent doon in Edinburgh and the reflection of his nut superimposed in the sky to shine brightly,very brightly,in fact whaurs ma sunglesses?here in Dundee.
You would have thought it decent of him to dull it doon to dull the shine.

Monti
7 years ago
Reply to  mike

🙂

Pensionerbhoy
7 years ago
Reply to  mike

mike

Aye, it was grand, lad. I had a big slice on a Jacobs cracker (the wife’s simply a wee cracker but very savoury).

very disappointed! Here was me thinking it was the Aurora Borealis and it was Monti’s heid all the time, pure bathos.

H H

mike
7 years ago
Reply to  Pensionerbhoy

Cheers Pensionerbhoy,Somebody has to reign the mahns neck in,he does get carried away,cheeky monkey.
H.H.

Monti
7 years ago
Reply to  mike

Fair enough,
I respect my elders so i’ll give you two that one.

mike
7 years ago
Reply to  Monti

Stop calling me big nose then or you!l get more of the same.
To quote Yoda,yous that gie it,will get it back.

Yoda.

Yoda mahn,so ye are.

Pensionerbhoy
7 years ago

Ralph,

Resolution 12 reminds me of the hills fought over in the Korean war. You take one and all it does is give you a clearer view of the next one and the next. Is the Super Injunction or Interdict the next hill in the war against silence and collusion? If so, then Resolution 12 requires direction and support from the high command viz. The Celtic Board, in the shape of a change of tactics on its part. It simply must clarify if this latest hill exists or not. If so, then it should be assisting the Resolution 12 guys to find another way of making ground. If not, then it has an obligation to its shareholders, supporters and Scottish Football to make an unequivocal statement saying so and explaining its own lack of action or even comment. Then, at least, the Resolution 12 guys would know if, when and how to move on. Celtic supporters are not foot-soldiers, front-line fodder always to hand to gratify the tactics of The Board. They are not willing to continuously battle for a hill just for the sake of it. They are far from “King and Country” people. There has to be a real purpose, a final objective, an end game. Unlike other supporters, they will not be duped nor flattered, even by the appointment of a top manager and the signing better players. Their voice will not be silenced nor their demands ignored. To rid the club of their protests will be to rid the club of them with its inevitable consequences, no fans, no Celtic.

Caption: Just bloody tell us.

H H

mike
7 years ago
Reply to  Pensionerbhoy

I completely concur P.B. I was trying to explore the possablity of a Freedom of Information request,but apparently the SFA is not a public authority so they are not governed by that act,however The Department for Culture Media and Sport are and so is this a worthwhile avenue?
Pensionerbhoy is spot on,why should we have to pursue this further when the Celtic Board are privvy to this information.
The answers lye here,they in the interest of the shareholders should make the information known,if they do not? Then perhaps time to ratch up the pressure.

7 years ago
Reply to  mike

Let’s ask one thing here. Would Fergus McCann have allowed this to happen on his watch,not on your life. The way they celebrated, mocked,when they thought we were going to the wall, the way they cheated, gained unsporting advantages,,and then again at Hampden in last years semi, Fergus would have had them through every court in the land,without fear,and not rested till victory was won.
You see he has a rebel heart Peter.
If you don’t answer our call,then you are not fit to be a custodian of our club.
Also when West Ham signed tevez, Sheffield went to the court and were given 20 million in compensation,why Tevez was signed and had side letters. Sound familiar.
So why when it all came out did not one single club in this country claim compensation. Especially Celtic,who were done out of champions league money.
Something is very wrong and it needs answers.
Peter your time has come.

7 years ago
Reply to  Pensionerbhoy

I agree pensionerbhoy.
If the SMSM want real change,if they want to force messers Regan and Doncaster out, then the Res12 gives them that. It allows a no confidence and an investigation into the the mismanagement of both individuals.
It would also open the door to show that this is not an anti rangers agenda,but a fight for truth.
So why is no one touching it.? What the hell has went on that not one single club,not one single newspaper wants to touch this story.
What is so bad, that newspapers who bring down governments,football managers,players that this article fails to reach print wether the Res 12 guys are right or wrong. A failure even to address it is very concerning.
Is it because there is simply too many legalities involved,that makes it impossible,or is it injunctions which are in place.
Is it because the liquidation is still ongoing,and further court hearings are still running, that nothing can be done. Or is it just playing for time?
Whatever the reason the Celtic board,without fear,should stand with its supporters and shareholders and give us an answer,or they could be the ultimate losers.
Celtic board have to give something, surely they are not involved too much,that the truth fucks them too? The 5 way agreement !
HH

Una
7 years ago

Had to laugh at this crap, what do you think of it?

BondiBrian
7 years ago

Phil Mac Giolla Bhain is usually on the ball wi his reporting, ah read his site but dinny comment. Mibie some one who comments on his site can enqure whether he can shed some light on the super junky thingy.

HAIL HAIL N aw that !!!

7 years ago
Reply to  BondiBrian

?

Monti
7 years ago
Reply to  jimmybee

?

BondiBrian
7 years ago
Reply to  jimmybee

!

7 years ago

Oh Moussa you belter
https://youtu.be/pUaDS2iqNh8

7 years ago

Free kick this time
https://youtu.be/eXk3W2-Gbgc

mike
7 years ago

What a find is Moussa,Just like two Glesga buses,just when you have one good striker,another yin comes along right out of the blooo.

wulz
7 years ago

Moussa on fire again tonight with some brilliant goals, he’ll be worth a lot more than the £50 million Dave King is putting in
HH

The Charlie Saiz International
7 years ago
Reply to  wulz

You on the wine?

charlie
7 years ago
charlie
7 years ago
charlie
7 years ago

aint life grand

charlie
7 years ago
charlie
7 years ago
charlie
7 years ago

am jeest a tim and that super bullshit looks like somedies takin lamb

charlie
7 years ago

nae herm tae ye ralph but at the agm it gies them fuckers an excuse tae tell us were no wide enough they can kiss ma fenian arse super injunctions are for mugs i would keep printin but any tim i know knows

charlie
7 years ago

noo ime a wee bit drunk so ile leave it at that COYBIG

charlie
7 years ago
charlie
7 years ago
charlie
7 years ago

emily a luv yehttps://youtu.be/jgylfuyrTt8

charlie
7 years ago
Abu O'Donnell
7 years ago

Imran Ahmed a former DIRECTOR of sevco said that both sevco AND the SFA were run by the Orange Order.
This is why the res12 situation will never be resolved until these bigots are taken to task by the clubs themselves.
But it seems the policy of giving sevco enough rope just might be working.Heres hoping.

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