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PostPosted: Wed Jun 03, 2009 11:39 pm 
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Boring wrote:
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.


There's more than one way to skin a Cat Boring. I told QC Kinroy, that we would use motion after motion to break CRT if they didn't abandon the case and award us costs. As long as article 6 was in the frame we couldn't be forced to lodge defences and progress the case unless provided with “equality of arms” - a blank Cheque from the Legal Aid Board and a Legal Team. QC Kinroy was simply out manoeuvred. He even said that he knew where this was going from the outset.


Had we lodged defences and entered the battle on QC Kinroy's terms, we would have been ripped to pieces. You see Boring, this is all about Strategy and tactical manoeuvre. We used the system against itself and against QC Kinroy.

We won alright. :D

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PostPosted: Thu Jun 04, 2009 1:31 am 
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I'll be gracious enough to tip my hat to the ugly sisters for this small victory but ultimately we all know they are destined to fail. :roll:


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PostPosted: Thu Jun 04, 2009 2:57 am 
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Billy the Kid wrote:
I'll be gracious enough to tip my hat to the ugly sisters for this small victory but ultimately we all know they are destined to fail. :roll:

very kind, im sure the boys appreciate youre hat tipping :roll:

but youll forgive us all, if we take very little notice of your predictions :wink:


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PostPosted: Thu Jun 04, 2009 7:24 am 
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Billy the Kid wrote:
I'll be gracious enough to tip my hat to the ugly sisters for this small victory but ultimately we all know they are destined to fail. :roll:


Aye, possibly. But not this time, eh :lol:

And, not ever :D

There has to be finality to reach defeat.

We will just go on and on until victory.

But then, you know this, don't you :wink:

:lol:

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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?"


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PostPosted: Thu Jun 04, 2009 7:39 am 
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Billy the Kid wrote:
I'll be gracious enough to tip my hat to the ugly sisters for this small victory but ultimately we all know they are destined to fail. :roll:

I think you are right Mr BTK.

What some idiots up your way can't work out is the difference between this fight and the de-limitation fight.

Although I don't agree with those that support limits, at least I can understand why they battle to keep quotas.

But I can't understand why many in the trade supported the committee members when what was said by Mr Taylor and Mr Skull has been said by many others not brave enough to front up.

Thankfully Mr Taylor and Mr Skull have been vindicated by events.

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PostPosted: Thu Jun 04, 2009 8:27 am 
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Boring wrote:
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.


Aye, that must have been why it ended up in a court of law :lol:


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PostPosted: Thu Jun 04, 2009 4:34 pm 
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Boring wrote:
ALI T wrote:
spoken like a true loser :lol:


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.


Isn't it interesting that the pursuer's legal team thought their case was so strong that they wanted to proceed without any mention of Colky. They wanted to airbrush him out of the picture.

Given that he was 90% of the cause, then do you really think they could have proceeded?

The only reason the cause was abandoned was because the cause was already lost. It was always lost. Colky's dubious departure simply hastened its end.

You should understand, as I've stated before, that interim interdicts are awarded only on a balance of convenience. That is to say, there is a possibility that the citation may be true. Interim interdict allows the situation to remain stable so that, if true, the pursuer is not further harmed. This is done in the certain knowledge that the rights of the defender to free speech are deliberately curtailed pending proof.

Agreeing to the initial interim interdict was little more than a deliberate strategy on our part. We knew precisely what we were doing. And it worked.

It bought the time for us to prepare for the Skull's 3 day court appearance. Imagine, it took three days for his cause to be heard, after which Lord Emslie congratulated us on the manner of his defence. Unprecedented I vouch.

Now, perhaps you could advise us all how much these "utterances" that amounted to little more than "titillation" has cost?

We're all agog waiting to know.

Then perhaps you could tell us whether there are plans for that amount to be recovered from those responsible, as indeed they should be?

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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?"


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PostPosted: Sun Jun 07, 2009 4:03 am 
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Anyway, back to the withdrawal of the proceedings.

Well done Gents.

I was confident all along. :wink:


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PostPosted: Sun Jun 07, 2009 8:44 pm 
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GBC wrote:
Anyway, back to the withdrawal of the proceedings.

Well done Gents.

I was confident all along. :wink:

It's a shame that yet more QC holidays have been paid for on the backs of the cab trade. :sad:

They must really love us.

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PostPosted: Mon Jun 08, 2009 12:52 am 
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jasbar and skull can you answer this simple question just out of intrest.

why do you both hate CRT ? is it personal what has this company done to you?


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PostPosted: Mon Jun 08, 2009 9:49 am 
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chipper wrote:
jasbar and skull can you answer this simple question just out of intrest.

why do you both hate CRT ? is it personal what has this company done to you?


Easy one. I simply don't hate CRT.

CRT has long been a leading and respected taxi company in Edinburgh. I have never agreed with the way it conducts its internal affairs but, as it was none of my business, and it didn't impinge on me and mine, it was of no concern to me.

However, under the direction of its former Chairman, aided and abetted by the flawed company structure and member apathy which allows it to be controlled by small minority (the proxy vote system) that can use company resources for whatever they dictate, the company became a politically aggressive entity.

By using internal company data, which was held to have been altered to suits the objection, to support the principals' objection to my licence applications it placed itself directly in the firing line. And the manner of Colky's campaign encouraged this.

I don't believe the members care a jot about our licence applications. But Colky, who didn't even have a licence himself because he had sold out without telling anyone, clearly did.

Colky has never made an altruistic act in his life, his interest was clearly self interest, restricting taxi numbers and lo and behold he's now working for the group that benefits most from restriction.

An accident or a long term goal?

Colky was working himself into a long term secure position paying £50 grand a year - I understand that prior to his tenure in office the Chairman was paid expenses not a salary - and only subject to election every three years. An unassailable position given the difficulty the members would have had in removing him because of the vice-like control he would have had on the procedures.

The PH role was obviously a significant fall back position.

It was Colky that positioned the company to bear the cost of the action to protect his own good name. And it has cost the company plenty.

It was Colky who was the brunt of our ire, not the company. We didn't set out to make the company the target, nor did want it to be.

Indeed, many of our postings were aimed directly at the membership in an attempt to exhort the members to do something about Colky and to a lesser extent, for me, Fleming.

Fleming goes, and the excesses of the others on the committee are dealt with, then its game over. End of.

I know the Skull understands this too, although his reasons for pursuit have been different to mine.

It's down to the members to smoke out the vipers. We both wish them well in doing so.

_________________
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?"


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PostPosted: Tue Jun 09, 2009 2:21 am 
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thanks for the reply jim


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PostPosted: Tue Jun 09, 2009 12:50 pm 
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Bravo, I admire their tenacity, maybe not their cause but at least there having a go!


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PostPosted: Wed Jun 10, 2009 9:15 pm 
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Smoked Glass wrote:
Bravo, I admire their tenacity, maybe not their cause but at least there having a go!


Thanks for that :wink:

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