According to the Rolls of Court, a Commercial Court action between Craig Levein and the SFA will have a preliminary hearing on Wednesday 6th February (tomorrow).
It is due to call before Lord Woolman between 10.30 am and 11 am.
Normally at this stage it would not require the attendance of Mr Levein, but instead would be a hearing to determine further procedure in the case.
Mr Levein is represented by Dundas & Wilson, and the SFA by Burness, Paull & Williamson.
Both firms are “big hitters” and if the case had to proceed to a full hearing one would expect the top QCs to be instructed.
However most managerial dismissal cases in football end in a settlement, or, strangely enough, it is the ones of lower value at the foot of the league tables which make it all the way to the court.
It may simply be coincidence that the parties have been sniping at each other in the media over the weekend, all of which suggests that, even though settlement is the most likely outcome, it won’t happen tomorrow.
From what has been said publicly the issue seems to be one of mitigation of loss. The SFA does not, it appears, want to pay up Mr Levein’s contract in full only to have him walk into another job. An employer in these circumstances would often have the contractual right to prevent their employee working elsewhere where they are still paying him, or being asked to pay for a notice period.
Mr Levein understandably would like a lump sum to finish matters and to be able to gain employment without having to have this issue hanging over him.
We shall see what comes from the court, if anything, tomorrow.
Posted by Paul McConville