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PostPosted: Fri May 13, 2011 9:58 am 
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thats basically where this all began
with guys being told that although you fit the criteria of going to the top of the list on points.

you cant get on it because its closed. :sad:

thats one of the main reasons i applied all those years ago

the council could have saved itself a lot of grief and cash if it hadn't listened to the trade gurus and had acted in a fair and reasonable manner


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PostPosted: Fri May 13, 2011 10:09 am 
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Jasbar wrote:
On first review, the pursuer wins the appeal. The council gets a decision it can live with. The remaining sisted cases which conform to the same criteria will be granted by the court. Other cases sisted may well make a similar argument for grant, although experience suggests that the system will refer back for further refusal based on Sectiuon 10(3). The council has lost a few licences, the IPL is now dead in the water.


Perhaps the pursuer was happy to limit the arguments adduced on the basis that as few other licences as possible would be issued as a consequence of the case, ie the drawbridge mentality - pull it up once we're inside.

But would you agree that all the other applications which were live at the time of the determinations should now have a good case, whether or not they actually appealed at the time?


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PostPosted: Fri May 13, 2011 11:39 am 
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Have to say I hadn't thought of that aspect Dusty. I just put it down to tightening the case to control the costs.

But you may be right. It's curious that the legal team didn't draw on an applicant's right to equality before the Law to win the fundamental right to sequential consideration of licences.

It seems a stretch that an applicant is fettered by subsequent applications. I suspect the Sheriff got it wrong, probably deliberately because he was well aware that no one will be appealing his decision at this time.

The proof of the pudding will be whether this defeated council, who used option 2 as a matter of principle, is sufficiently principled to appeal the decision.

If they don't then we will all know this was a done deal. The system corrupted once again to beat us.

BTW here. The council claiming that it won't appeal for financial reasons won't wash. They've a long record of abusing the deep public pocket and raiding it for cash for political court proceedings.

I agree about all of the other cases. This process was so fundamentally flawed, the council have already been shown to have ridden roughshod over applicants that its integrity is now destroyed.

However, if further cases become necessary, then this is one time that a class action should be raised to have licences granted and compensation paid.

The cost per capita would amount to a few hundred bucks at the outset, the return could amount to licence grant and thousands.

And, who knows, such a class action might just attract the interest of a no win no fee lawyer.


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PostPosted: Fri May 13, 2011 5:39 pm 
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Dusty Bin wrote:
Jasbar wrote:
On first review, the pursuer wins the appeal. The council gets a decision it can live with. The remaining sisted cases which conform to the same criteria will be granted by the court. Other cases sisted may well make a similar argument for grant, although experience suggests that the system will refer back for further refusal based on Sectiuon 10(3). The council has lost a few licences, the IPL is now dead in the water.


Perhaps the pursuer was happy to limit the arguments adduced on the basis that as few other licences as possible would be issued as a consequence of the case, ie the drawbridge mentality - pull it up once we're inside.

But would you agree that all the other applications which were live at the time of the determinations should now have a good case, whether or not they actually appealed at the time?


Sheriff Noble takes five months, to rule against the council and then gives a deemed grant just after the local elections and this is all coincidence? My [edited by admin] arse, These [edited by admin] Lawyers have done a deal with the Sheriff. That's why the ruling reads the way that it does. You are right Dusty. It's a drawbridge strategy. Get every one inside and its damage limitations for the council while making the right decision in favour of the pursuer. Justice is then seen to be done, and the system once again protects the council. That's why Noble never passed it back to the council for reconsideration, the [edited by admin] knew they would not appeal against his decision.

They are a corrupt shower of [edited by admin]. :evil:


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PostPosted: Fri May 13, 2011 7:00 pm 
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Skull wrote:
Dusty Bin wrote:
Jasbar wrote:
On first review, the pursuer wins the appeal. The council gets a decision it can live with. The remaining sisted cases which conform to the same criteria will be granted by the court. Other cases sisted may well make a similar argument for grant, although experience suggests that the system will refer back for further refusal based on Sectiuon 10(3). The council has lost a few licences, the IPL is now dead in the water.


Perhaps the pursuer was happy to limit the arguments adduced on the basis that as few other licences as possible would be issued as a consequence of the case, ie the drawbridge mentality - pull it up once we're inside.

But would you agree that all the other applications which were live at the time of the determinations should now have a good case, whether or not they actually appealed at the time?


Sheriff Noble takes five months, to rule against the council and then gives a deemed grant just after the local elections and this is all coincidence? My [edited by admin] arse, These [edited by admin] Lawyers have done a deal with the Sheriff. That's why the ruling reads the way that it does. You are right Dusty. It's a drawbridge strategy. Get every one inside and its damage limitations for the council while making the right decision in favour of the pursuer. Justice is then seen to be done, and the system once again protects the council. That's why Noble never passed it back to the council for reconsideration, the [edited by admin] knew they would not appeal against his decision.

They are a corrupt shower of [edited by admin]. :evil:


Skull
so what do you really mean by this? is it only Kenny Donald that will benefit? what about the other sisted cases, are they in jeapordy?

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PostPosted: Fri May 13, 2011 7:13 pm 
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ALI T wrote:
thats basically where this all began
with guys being told that although you fit the criteria of going to the top of the list on points.

you cant get on it because its closed. :sad:

thats one of the main reasons i applied all those years ago

the council could have saved itself a lot of grief and cash if it hadn't listened to the trade gurus and had acted in a fair and reasonable manner


When was that Alistair? '93?

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PostPosted: Fri May 13, 2011 7:44 pm 
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Jinky wrote:
Skull wrote:
Dusty Bin wrote:
Jasbar wrote:
On first review, the pursuer wins the appeal. The council gets a decision it can live with. The remaining sisted cases which conform to the same criteria will be granted by the court. Other cases sisted may well make a similar argument for grant, although experience suggests that the system will refer back for further refusal based on Sectiuon 10(3). The council has lost a few licences, the IPL is now dead in the water.


Perhaps the pursuer was happy to limit the arguments adduced on the basis that as few other licences as possible would be issued as a consequence of the case, ie the drawbridge mentality - pull it up once we're inside.

But would you agree that all the other applications which were live at the time of the determinations should now have a good case, whether or not they actually appealed at the time?


Sheriff Noble takes five months, to rule against the council and then gives a deemed grant just after the local elections and this is all coincidence? My [edited by admin] arse, These [edited by admin] Lawyers have done a deal with the Sheriff. That's why the ruling reads the way that it does. You are right Dusty. It's a drawbridge strategy. Get every one inside and its damage limitations for the council while making the right decision in favour of the pursuer. Justice is then seen to be done, and the system once again protects the council. That's why Noble never passed it back to the council for reconsideration, the [edited by admin] knew they would not appeal against his decision.

They are a corrupt shower of [edited by admin]. :evil:


Skull
so what do you really mean by this? is it only Kenny Donald that will benefit? what about the other sisted cases, are they in jeapordy?



As I understand it there were 17 licence applicants within the first 27. That's Kenny Donald plus 16 sisted directly on the back of his test case. The council may well take the lead and grant the remaining 10 sisted cases making that 27 licenses in total. However, there is nothing to stop them granting the initial 17 applicants while telling the rest to go take a hike. If you still want your licence you will have to unsist your applications and take them back into court to argue the case a new. As for anyone else who applied out with the first 27, they would have to do the same.

The council and the Sheriff are banking on those with sisted cases not having the backbone to mount a new challenge.

The whole thing is a [edited by admin] carve up.
:evil:


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PostPosted: Fri May 13, 2011 8:17 pm 
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The only way for everyone to get their plates is by going back into court in dispute of section 10.

That's all those not granted licenses but with sisted cases and anyone wishing to make new applications mounting a fresh legal challenge by way of a group action.


It would cost 20 guys buttons to beat this council at their own game.



:-|


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PostPosted: Fri May 13, 2011 8:25 pm 
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Remind me please.

Have the original 27 or 30 been issued, and working now?

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PostPosted: Fri May 13, 2011 9:12 pm 
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Sussex wrote:
Remind me please.

Have the original 27 or 30 been issued, and working now?
30 issued and working.


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PostPosted: Sat May 14, 2011 12:56 am 
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THE KLANSMAN wrote:
ALI T wrote:
thats basically where this all began
with guys being told that although you fit the criteria of going to the top of the list on points.

you cant get on it because its closed. :sad:

thats one of the main reasons i applied all those years ago

the council could have saved itself a lot of grief and cash if it hadn't listened to the trade gurus and had acted in a fair and reasonable manner


When was that Alistair? '93?

2005 i think if memory serves me right
why do you ask


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PostPosted: Sat May 14, 2011 8:06 am 
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Skull wrote:
Sussex wrote:
Remind me please.

Have the original 27 or 30 been issued, and working now?
30 issued and working.

Thanks for that clarification.

My view is that all of those that had their applications refused by those two committee meetings are due a plate.

But one wonders how many of them will front up and fight for what was illegally held from them.

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PostPosted: Sat May 14, 2011 8:11 am 
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Sussex wrote:
Skull wrote:
Sussex wrote:
Remind me please.

Have the original 27 or 30 been issued, and working now?

30 issued and working.

Thanks for that clarification.

My view is that all of those that had their applications refused by those two committee meetings are due a plate.

But one wonders how many of them will front up and fight for what was illegally held from them.

So the sluice-gates have been held ajar for a very short time, because of the findings of a SUD report, and are now firmly closed again!!!

Woopy-doopy doo!!!

FFS, what a hollow victory!!

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

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PostPosted: Sat May 14, 2011 12:16 pm 
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Brummie Cabbie wrote:
Sussex wrote:
Skull wrote:
Sussex wrote:
Remind me please.

Have the original 27 or 30 been issued, and working now?

30 issued and working.

Thanks for that clarification.

My view is that all of those that had their applications refused by those two committee meetings are due a plate.

But one wonders how many of them will front up and fight for what was illegally held from them.

So the sluice-gates have been held ajar for a very short time, because of the findings of a SUD report, and are now firmly closed again!!!

Woopy-doopy doo!!!

FFS, what a hollow victory!!

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


N ow let me see, the council decides to act, it is told what they're doing is illegal, a court confirms this and all you cn come up with is

Woopy-doopy doo!!!

FFS, what a hollow victory!!


Keep taking the medicatio!

:roll:


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PostPosted: Mon May 16, 2011 9:43 pm 
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Jasbar wrote:
Licence granted.

Chapter and verse on how CEC breached the Law.

It's a done deal.

It appears that everything we said about how the council was making it up has been proved right.

Estimates are that this little spat will cost the council taxpayers over £200,000. A conservative estimate. At a time when the council is hard pressed financilly.

What transpired here was criminal. Jim Inch may have retired, but he should be dragged back and his pension dipped to pay for his corruption.

Keir has been elected to Parliament. Of course, he wasn't present when this exercise was being played out. Thois tells us that he knew what what happening and was simply protecting his political career. A scumbag, albeit a clever scumbag. But we'll deal with him in due course.

When Lang said she had 27 plates to dish out, we told her how wrong she was. The Judge has just proven it.

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FACT is Dougie, and all the rest of you numpties, the Skull and taylor got it right.

Quote:
Again
!!!!

Quote:
Eat yourhearts out.

Image :lol: :badgrin: :lol: :lol: :lol:THE BEGINNING

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