Dundee FC administrator Bryan Jackson has said appealing the club’s 25-point penalty at the Court of Session would be the “right battle at the wrong time.”
The club languish at the foot of the first division after having the penalty imposed on them for entering administration.
Two appeals against the 25-point penalty have already been rejected first by the Scottish Football League, which meted out the punishment, and then by the Scottish Football Association.
The club could launch a legal action to have it overturned, but administrator Bryan Jackson said survival has to be the priority.
Creditors will decide whether to accept a Creditors’ Voluntary Arrangement (CVA) on February 8, and Mr Jackson said it would be pointless to lodge appeals against the penalty until after the future of the Dens Park club has been secured.
Speaking exclusively to The Courier, Mr Jackson said he believes the club has been treated unjustly, but that securing the team’s future is more important than seeking legal redress.
He said, “There have been some rumblings on fan sites about why we are not pursuing an appeal. We were really aggressive about the initial appeals because of our sense of injustice, which we still feel.
“We were genuinely disappointed we got nowhere with the SFA although we had no expectations about the SFL.”
The club is concentrating on financial survival and its place in the first division, but there has been a growing clamour among fans to take the appeal to higher authorities something Mr Jackson says is impractical for now.
“There have been people asking why we don’t appeal to FIFA or raise a legal action,” he said. “I’ve taken legal advice and FIFA only intervene in international disputes so wouldn’t get involved in a problem with an individual club.
“That only leaves a judicial review at the Court of Session. That could start quickly, but it would be very expensive and go on for a long time. We have a CVA meeting on February 8, and my concern is that we still have a club after that.
“Although I think we have grounds for a judicial review, my view is that it would cost too much money and we might not get a result until the end of the season.”
However, he did not rule out launching an appeal if a deal can be agreed with creditors.
He said, “We do have a few difficulties without a doubt but I’m quite optimistic. I believe that most creditors will support the proposal and want the club to survive.
“It’s not a great offer and they won’t get much to the pound but it is all we can afford.”