Dusty Bin wrote:
Skull wrote:
Skull wrote:
Here's an idea to bring about de-restriction once and for all.
A group of individuals get together with the intention of making a single licence plate application. They go to a Human Rights Lawyer and pay for a detailed written submission to be put before the Council RC, on their behalf. The council of course refuses the licence application on the pretense they considered the Human Rights argument along with section 10.3 of the act, and special circumstances.
You then rewrite the submission into a writ of appeal and place it before a Sheriff, with a taxi driver (the applicant) presenting the case as his.
The Sheriff would be forced to consider the council's refusal under Human Rights from the outset, and if, the ruling went in the appellants favour, the council would then have to appeal against the decision all the way to the Court of Session. The applicant would simply be holding the coats, waiting for the outcome.
The fundamental principles on which the case is based would not change throughout the process. You would simply be repeating the same argument over and over.
It would be another Salteri et al situation for the council.

Forget about Ali, Dusty. What do you think about the above?
I realised a while back how hard it is to get a Human Rights Lawyer to fight your case, especially if you are depending on legal aid to fund it. The key is, paying for an HR, lawyer to provide you with a submission in writing. One you can speak to before the RC, with the view to appeal against their decision at a later date, if need be. It's about getting the HR, argument into the process first, at the licensing level and then into court, to be in with a fighting chance. If you win on appeal, the council is knocked onto the back foot, the momentum lies with the appellant.
Come on Dusty, what do you think?
Well I'm slightly more au fait with English law than Scots law, but I don't really know anything about the procedural aspects, nor indeed do I know much about local authority licensing procedures
But the problem is formulating a substantive legal argument, and I'm not sure if there is a prima facie human rights argument - I mean, what human right is being breached precisely? I don't think it's illegal per se to discriminate, it has to be on grounds of sex, race or whatever to come within the ambit of the HRA. Perhaps
indirect age or racial discrimination could be a goer, because younger drivers are less likely to get a plate, ditto immigrants.
But there are several other legal avenues that could be explored - such as European law - but of course as you allude the problem is the cost aspect. If you could hire fancy lawyers then there are all sorts of arguments that could be adduced, but that's a luxury that none of us can really afford.
And I take it that Jasbar's HR case isn't a goer now, in view of what you said above?
If the cost is the hurdle then how could that be surmounted - were you alluding to pooling costs in your original post?
The plate “value” is built on inequality, discrimination and exploitation. I know drivers who lost their drive simply for applying for a licence and others that are too frightened to speak out or can't get a drive because of their political opinion on restriction. I really don't think you would have a problem showing the effect restriction has on individual's rights. And that's before you get to the qualified driver, having the right of unfettered access to the tools of his trade, to earn a living, argument.
As for the costs involved the problem is you need to fund a HR, lawyer to fight your case, but there's nothing stopping you representing yourself. If you have the initial argument, and can demonstrate the effect the council's decision has on you as an individual or group.
Trust me Dusty, I've spoken to a top lawyer, and it all comes down to cash or finding a way to represent yourself and getting the argument into the legal process. The last thing he said was, Lawyers will fight anything, if you have money. Oh and btw, when he looked at the case, he said it had merits, he then told me to find the money or spend the next god only knows how many years finding a way to fight it.

I think the RC, meeting is the way into the process. If you have a proper legal submission before the council that can be carried into court on appeal.
