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PostPosted: Sun Oct 04, 2009 10:37 pm 
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Brummie Cabbie wrote:
It's better than that; it goes like this .....

MR JUSTICE BLAKE: Yes, there is not going to be anyone around to approve it for the next 28 days, I can tell you that.

Then a little later .....

MR FACENNA: You are not around early next week?

MR JUSTICE BLAKE: No, I will not be in an E7 Peugeot vehicle but I might he be headed to where the vehicle came from.


Good.....when was the judgement published?

CC

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PostPosted: Sun Oct 04, 2009 10:40 pm 
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captain cab wrote:
Brummie Cabbie wrote:
He advised council for Liverpool CC that if an application for an appeal was received by his office in writing by 7th September 2009, (the day he was due to return, I believe) he would consider the request. To my knowledge that did not happen + so I believe they are now out of time.

Read the judgement :shock:

CC

It goes ....

MR FACENNA: Leaving the transcript aside -- we obviously all want to see it as quickly as possible -- but we understand where we are in terms of dates, in terms of the applications being made, they do not need the approved judgment to consider whether they want permission to appeal. They have your Lordship's judgment this morning, and the sooner that we have certainty for both claimants the better.

MR JUSTICE BLAKE: There is a problem about timing since we are about to hit August, so do I bite the bullet now and address your application for permission to appeal?

MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.

MR JUSTICE BLAKE: I think in the circumstances I will consider any application for permission to appeal in writing if it is before me by 7 September.

MR HERCOCK: I am grateful. Thank you.

MR JUSTICE BLAKE: I recognise of course that there are some broader issues of policy here, but there is equally quite a solid core to the reasons I have reached for why the decision should be set aside.

MR FACENNA: My Lord, of course, if such an application is made, we would want a short opportunity, maybe only two or three days, in order to --

MR JUSTICE BLAKE: You will have to sort out between yourselves sequencing. If you are both going to be around in August and the early part of September, so much before then, but I will probably approve the transcript and consider the permission to appeal at the same time.

MR FACENNA: Which will be, sorry, at the end of August?

MR JUSTICE BLAKE: No, from the week beginning 7 September when I know I am back on vacation duty in the Administrative Court.

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PostPosted: Sun Oct 04, 2009 10:43 pm 
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thanks that clears it up nearly.

MR JUSTICE BLAKE: You will have to sort out between yourselves sequencing. If you are both going to be around in August and the early part of September, so much before then, but I will probably approve the transcript and consider the permission to appeal at the same time.

MR FACENNA: Which will be, sorry, at the end of August?

MR JUSTICE BLAKE: No, from the week beginning 7 September when I know I am back on vacation duty in the Administrative Court
.

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PostPosted: Sun Oct 04, 2009 10:43 pm 
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In other words the judge wanted to have the application for an appeal in writing on or before 7th September 2009, + if it was received by that date he would then consider whether to give permission to appeal after 7th September 2009.

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PostPosted: Sun Oct 04, 2009 11:14 pm 
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MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.


I am quite sure that if a submission for a extension of time was submitted.... the judge would take this into consideration... after all he is dealing with a council... and their timetable.... in Liverpool nobody seems to be particularly worried...... I wonder why

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PostPosted: Sun Oct 04, 2009 11:16 pm 
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MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.


I am quite sure that if a submission for a extension of time was submitted.... the judge would take this into consideration... after all he is dealing with a council... and their timetable.... in Liverpool nobody seems to be particularly worried...... I wonder why


I was looking for that bit.....wood for trees springs to mind!

CC

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PostPosted: Sun Oct 04, 2009 11:17 pm 
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captain cab wrote:
MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.


I am quite sure that if a submission for a extension of time was submitted.... the judge would take this into consideration... after all he is dealing with a council... and their timetable.... in Liverpool nobody seems to be particularly worried...... I wonder why


I was looking for that bit.....wood for trees springs mind

CC
you have to be pi**ed to see it

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PostPosted: Sun Oct 04, 2009 11:22 pm 
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PS. what date did the judgment come out. :wink:

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PostPosted: Sun Oct 04, 2009 11:24 pm 
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MR T wrote:
PS. what date did the judgment come out. :wink:


dunno ralph

CC

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PostPosted: Sun Oct 04, 2009 11:26 pm 
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MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.

And immediately after that what does the judge say??

He says;

MR JUSTICE BLAKE: I think in the circumstances I will consider any application for permission to appeal in writing if it is before me by 7 September.

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PostPosted: Sun Oct 04, 2009 11:28 pm 
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Brummie Cabbie wrote:
MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.

And immediately after that what does the judge say??

He says;

MR JUSTICE BLAKE: I think in the circumstances I will consider any application for permission to appeal in writing if it is before me by 7 September.
he does use the word must.... he seems to be flexible.....

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PostPosted: Sun Oct 04, 2009 11:29 pm 
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Brummie Cabbie wrote:
MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.

And immediately after that what does the judge say??

He says;

MR JUSTICE BLAKE: I think in the circumstances I will consider any application for permission to appeal in writing if it is before me by 7 September.


So the judge wanted an application sent to France, before a committee sat and considered his judgement, that they didn't actually have, in writing when he wasn't there?

makes sense.

CC

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PostPosted: Sun Oct 04, 2009 11:31 pm 
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captain cab wrote:
Brummie Cabbie wrote:
MR T wrote:
MR HERCOCK: I am not in a position to make the application at this stage, my Lord. My instructions are that the Council would obviously like time to reflect on the judgment given that the matter has been dealt with effectively extempore, and then to make the application in writing, if that could be done, say, within a particular timescale.

And immediately after that what does the judge say??

He says;

MR JUSTICE BLAKE: I think in the circumstances I will consider any application for permission to appeal in writing if it is before me by 7 September.


So the judge wanted an application sent to France, before a committee sat and considered his judgement, that they didn't actually have, in writing when he wasn't there?

makes sense.

CC

Of course he didn't want it sent to France.

But he did want it sent to the court by 7th September.

He was not working while he was in France. He was on his jollies!!

FFS!!!

:roll: :roll: :roll: :roll:

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PostPosted: Sun Oct 04, 2009 11:31 pm 
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29th September....was the date..he might have had swine flu :wink:

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PostPosted: Sun Oct 04, 2009 11:33 pm 
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Hercock QC (what a f*cking name) asks for a timescale + the judge gives him a timescale.

:roll: :roll: :roll: :roll:

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Brummie Cabbie.

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