Even if we accept the position that we are dealing with a change in practice, and not a change in policy, we must examine whether we are dealing with a change in practice based on substantive justification. What's more. Even if the change is based on substantive justification, it would have been appropriate to allow the Applicant or any party who may be harmed by this change in practice to present its arguments before the practice is changed, and the Applicant's reliance on this practice or policy cannot be ignored.
Basic concepts are that care must be taken to preserve the constitutional rights of litigants, including the right to plead, and allow a reasonable period of time for the exercise of this right.
As stated, the Applicant prepared for registration, she made all the necessary adjustments for the team's expected promotion to the National League, including receiving an extensive financial investment, increasing the coaching staff, hiring a physiotherapist, recruiting professional players, and more, and relied on the Association's policy in recent years and was not given any opportunity to argue regarding the change in practice before the decision was made in her case.
- Third, to this must be added the conduct of the Association, which delivered its decision three months after the date of the Applicant's application and only one month before the start of the season, in a manner that placed the Applicant, the other teams and the court in an impossible time frame and prevented it from making appropriate preparations, including an orderly application to the courts.
Decisions of this type must be made within a reasonable period of time, which will enable the parties to act with the appropriate speed and prevent damage to other parties.
With regard to the Association's claim that the change in practice was made against the background of the submission of the High Court of Justice, it should be noted that so far no final decision has been made by the High Court of Justice in this matter, nor have any interim instructions been issued that justify a deviation from the provisions of the bylaws.