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PostPosted: Wed Feb 23, 2011 6:17 pm 
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Very interesting.

You win a bit, but you still lose.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/160.html

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PostPosted: Wed Feb 23, 2011 11:54 pm 
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Sussex wrote:
Very interesting.

You win a bit, but you still lose.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/160.html


won a bit?

by my reckoning the result was 1 - 4

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PostPosted: Thu Feb 24, 2011 1:11 am 
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so who won, I can never figure out who won these judgments
so in future please put who won


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PostPosted: Thu Feb 24, 2011 1:21 am 
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skippy41 wrote:
so who won, I can never figure out who won these judgments
so in future please put who won

The LA.

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PostPosted: Thu Feb 24, 2011 9:03 am 
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skippy41 wrote:
so who won, I can never figure out who won these judgments
so in future please put who won

All right I will try my best.

In short the council won, and the trade lost (according to my sources) in excess of £100,000.

The Cabinet should have paid more than lip service to the policy when it came before them, but they didn't.

However as no-one from the trade says they knew about the new policy for three months, then they requested an extension to allow them to pursue a Judicial Review. This their Lordships denied.

Now a question must/should be asked as to why no-one from the trade attended the Cabinet meeting, or bothered to ask the LO about the outcome. Maybe they are a useless bunch of idiots, who knows?

An interesting part to this judgement, and maybe the most important is over the matter of a 'policy' and a 'condition of license', or a 'policy leading to a condition of license'.

Basically if a council adopt a 'policy' then the appeal avenue to the Mags court is no-more, a very expensive Judicial Review is the only way of stopping it, and even that may only delay it.

Thus the important part of all of this is for the trade to influence policy before it gets made. A very rare thing for the trade to do. :sad:

One last thing is that the court said the council can't be criticized for not considering those that struggle to get into a WAV, if they don't reply to the consultation.

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PostPosted: Thu Feb 24, 2011 10:00 am 
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Yes skip.....and the court dismissed the Euro law thing you've been banging on about :shock:

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PostPosted: Thu Feb 24, 2011 12:52 pm 
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So if anyone from there had bothered to ask on here at the start, they would have been well informed, and could have won


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PostPosted: Thu Feb 24, 2011 12:57 pm 
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skippy41 wrote:
So if anyone from there had bothered to ask on here at the start, they would have been well informed, and could have won


The NPHA and GMB were involved skip......I imagine they received decent advice.

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PostPosted: Thu Feb 24, 2011 1:03 pm 
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The original case from June 2010;

http://www.bailii.org/ew/cases/EWHC/Adm ... /1344.html

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PostPosted: Thu Feb 24, 2011 5:31 pm 
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captain cab wrote:
The NPHA and GMB were involved skip......I imagine they received decent advice.

If I remember rightly the GMB offered free advice, which was clearly ignored.

It appears the local trade preferred the £100,000+ advice.

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PostPosted: Thu Feb 24, 2011 9:22 pm 
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Sussex wrote:
captain cab wrote:
The NPHA and GMB were involved skip......I imagine they received decent advice.

If I remember rightly the GMB offered free advice, which was clearly ignored.

It appears the local trade preferred the £100,000+ advice.
There's always a bright side to these cases..... at least the legal people will not be claiming benefits....... even if they had won..... they wouldn't have achieved anything....

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