Taxi Driver Online

Le Jour de Gloire est arrivee

At today's hearing, there were no CRT representatives in attendance, although one member did turn out and spent the morning debating the merits or otherwise of de-limitation with us. Very entertaining. Clearly he has the wit to aspire to better things, but a preference to speak from the sidelines will always hold him back. Nice guy though.

After being kept waiting until the afternoon, cabbies Taylor and Thomson appeared in Court 12, before Lady ...... (don't know her name - that's how quick the process was - but she was just a bit part player here anyway, Lord Emslie otherwise engaged on real legal business), prepared to argue their motions for the recall of the interdict ad interim.

Before a word could be uttered, up popped QC Kinroy to advise the court that the pursuer (CRT) intended to evacuate the case and presented the two motions of abandonment. Seems Kinroy had just latched onto the simple fact that we could bung in endless £45 motions requiring the pursuer to pay for expensive QC's, court solicitors costing thousand's of pounds per day to defend them. They're quick these QC boys aren't they?

Case over. Costs awarded to the defenders.

QC Kinroy had sought a minute of agreement. None was forthcoming. You don't trade away from a position of strength. End of.

Afterwards, QC Kinroy approached Garry and I, looked us each straight in the eye, shook our hands and congratulated us on our defence of the cause.

Naw, I'm kidding. Kinroy's response was to have a curt word with the court solicitor, then skulk out the exit at the far end of the court as fast as he possibly could, eye contact with us never going to happen, the shame of being outwitted and tactically outmanoeuvred by two scrote cabbies destined to be a legacy of shame that will be his burden for ever. At least it will when we've advertised it widely

The words of an appropriate Bud Flannagan song comes to mind. I paraphrase:-

So, who do you think you are kidding Mr Kinroy
If you think the bold boys are done.

As to the future?

Well, immediately, there are the expenses to be recovered.

Then there's the consideration of potential compensatory damages for what we've endured. Now we have a handle on court procedures of course. And the publicity machine. (No minute of agreement paid for. Not too late of course. I believe the figure of £5,000 was talked about )

Then there's the issue of compensation for the trials endured by Mrs Scrote.

Then there's the matter of asking the Law Society, and/or Scotland against crooked lawyers (no it's definitely "and"), to investigate McKay Norwell's handling of the case and the advice it gave the pursuer. Payback for their conduct in the case and their unprofessional non-liaison with us throughout. We've got long memories Mr Richard Godden et al.

Then there's the matter of the justice system and how it handled the matter. Particularly how Lord Pentland, being fully aware of Articles 6 and 10 of the European Charter of Human Rights, could allow the cause to proceed knowing full well that there was no "equality of arms" in this cause, a fundamental right of defenders under the Charter.

Then there's the book. Ah, the book which will blow the lid open on the taxi trade, the taxi companies, the council administration of it, how local government works, the role of central government, the function of politicians, the rights of the individual, the negation of customer rights, the cost to the consumer .... the list is endless. The problem may be what to leave out for the second volume.

All in the absence of any minute of agreement

So, in short VICTORY!!! The only question remains .... at what cost? And to whom?

Le jour de gloire est arivee.

BTW Next time someone tells you that those around you are scumbags, consider that they may just well be and find out whether they are BEFORE you go spending shedloads to protect them.

There's no glory in smiting down the messenger just because you don't like the message. This simple advice will save you many thousands of sheckles. We give it to you for naught, nix, zilch, nothing.

Just because we're nice guys and that's what we do ....

Have a nice day .... just like us

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"

Jasbar I am very pleased for you and you are obviously enjoying your day - But! what was it about?

_________________
if you cannot be yourself, then who can you be.

Started off as a defamation (slander/libel in English law) case, brought by CRT taxis in Edinburgh against Jasbar and Skull.
Seems CRT didn't appreciate some of Jasbar and Skull's opinions re one of their employees.
Can't think why

Congrats on the victory boys.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

I'm pleased you succeeded in your quest, and outwitted the so-called experts.

Sad thing is that I suspect this has cost the radio firm/drivers fortunes, and should never have happened.

But that's what happens when you have iffy folks at the helm who have plenty to hide.

_________________
IDFIMH

well done

wait a minute!!.........are'nt you supposed to have lost this action according to some??

The case was not won, rather abandoned, sensibly in my view, by the pursuers. Court proceedings are always very expensive and should only be taken where absolutely necessary. The outcome of this case would not have advanced the interests of the pursuers sufficiently to warrant the cost involved, even if successful.

Perhaps we can get on with dealing with issues of importance for the trade and members rather than giving oxygen to an ultimately doomed crusade.

spoken like a true loser

5k not a bad return for £45

almost as good as £100k for an investment of £2400 but thats later

5k should purchase you 2 lovely metro's

_________________
IDFIMH

and then again perhaps not

and didnt you say this court case was doomed as well......thats quite atrack record
obviosly youre not much of a soothsayer

The irony of this comment from a man who appears to spend a significant period of his spare time on message boards.

Really think this will be lost on you, but there is nothing else to do for the next 5 minutes, so...

People go to court to argue about legal rights, those rights being vindicated or denied in accordance with reasoned judicial opinion following debate or proof. There has been no debate or proof and, indeed, I believe at least one of the defenders in this case did not offer any resistance to the grant of the interim orders and failed to make any submissions to the court in support of his substantive cause. The judge's comments accompanying the interlocutor which was pronounced were damning of the defenders, albeit the interlocutor was ad interim. For certain, there is (too frequently expressed) fantasy in the suggestion that the defenders "beat" Alistair Kinroy QC. Counsel was not the pursuer in this case, merely the conduit for the pursuers' argument and instructions, which on this occasion were to move for abandonment.

A court action is started at the instance of the pursuers, who have the right to abandon. They control the action in that respect and can decide to fight on, or give up. The defender has little say in the matter until it gets to proof or debate. The pursuers in this case decided that it was a fight not worth having at this time. They could always raise fresh proceedings if need be.

A sensible decision. I mean, what real damage can be done by such utterances as were alleged by these defenders. I think at best we can state that they amounted to no more than titilation for regular frequenters of message boards.

Yup, and Shrek was a truly handsome guy

I hope you don't have children.

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"

Skull:
Friends, Romans, countrymen, lend me your ears;
I come to bury Colky, not to praise him;
The evil that men do lives after them,
The good is oft interred with their bones,
So let it be with Colky ... The noble Murray
Hath told you Colky was ambitious:
If it were so, it was a grievous fault,
And grievously hath Colky answered it ...
Here, under leave of Murray and the rest,
(For Murray is an honourable man;
So are they all; all honourable men)
Come I to speak in Colky's funeral ...
He was my friend, faithful and just to me:
But Murray says he was ambitious;
And Colky is an honourable man….
He hath brought many captives home to Rome,
Whose ransoms did the general coffers fill:
Did this in Colky seem ambitious?
When that the poor have cried, Colky hath wept:
Ambition should be made of sterner stuff:
Yet Murray says he was ambitious;
And Murray is an honourable man.
You all did see that on the Lupercal
I thrice presented him a kingly crown,
Which he did thrice refuse: was this ambition?
Yet Brutus says he was ambitious;
And, sure, he is an honourable man.
I speak not to disprove what Murray spoke,
But here I am to speak what I do know.
You all did love him once, not without cause:
What cause withholds you then to mourn for him?
O judgement! thou art fled to brutish beasts,
And men have lost their reason…. Bear with me;
My heart is in the coffin there with Colky,
And I must pause till it come back to me.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

in most cases people do go to court to argue over the legalities,to get some percieved form of justice.

but.....................

this was not the case hear and you know it, unless youre a complete buffoon....are you.?

the council dont go to court over the issue of plates to argue the legalities.......the terms of the act are as plain as the paper they are written on.
the qc is engaged to argue it from a different angle..in the case of cec taking devils advocacy a step to far.
he is the hired gun.
the council know they wont win...they try to win by default because they can afford massive legal counsel and most people cant, this in itself is enough in most cases to give the council or in this case crt a win by default.
it was never crt's intention to take this all the way they never had a case.
it was individuals who did so to protect themselves..and they also did so only because .....yes you guessed it they had thier hands on a massive purse
had they been forced to pay for it themselves then colky and co would never have brought a case forward and you know it..

the only losers...............crt members........did i just call them members

forgot to add this bullying tactic doesnt work against party litigants.

it turns the whole process on its head ....it beautifull man .......the only limiting factor £45 a pop