Falmer Parish Council reveal who is funding the Judicial Review Application

[perseus]

There is a difference to that National Parks case in Wales then, where they kept going through all the appeal stages in English law?

On the face of it it does sound a bit Irish, in Wales going through English law.

I suppose it should be UK law?

 

[Lord Bracknell]

On the face of it it does sound a bit Irish, in Wales going through English law.

I suppose it should be UK law?

No.

It's English law. Imposed on the Welsh since 1282.

 

[London Irish]

No.

It's English law. Imposed on the Welsh since 1282.

 

[London Irish]

At each three stages Judicial Review, Court of Appeal and lastly House of Lords I understand you have to make an "application for leave" - ie firstly each body has to make the decision whether there is a case to answer.

If at any of those stage the application ISNT granted, does that then make your case dead in the water ?

Essentially, if the judge says no to Lewes at the APPLICATION for Judicial Review - its over ?

With the Welsh case, they were granted permission for the first two "reviews" to take place - but lost.

At the final stage The House of Lords refused to even look at it.

Those are all excellent questions I'd love to know the answer to!

I wonder how common it is for a judge to deny leave to appeal though? You do fear that a lot of these cases do have quite a low standard to meet in terms of being granted a full hearing.

Politicians have generally been on our side (the Lewes LDems the notorious exception). I wonder how sympathetic judges with their very different social background and training will be?

 

[Curious Orange]

No.

It's English law. Imposed on the Welsh since 1282.

Wales has had a lot of things imposed on it over the years. Being considered as one entity and having an Assembly are just two that spring to mind (though you can blame the latter on an extremely poor turn-out).


But back to the case in hand. Is it possible that the Government would cite the Welsh case as a precedent? It would be amusing given that the Stadium opponents seem to think that our case could be the precedent when there has already been one.

 

[Bwian]

But back to the case in hand. Is it possible that the Government would cite the Welsh case as a precedent? It would be amusing given that the Stadium opponents seem to think that our case could be the precedent when there has already been one.

Yet another perfect example of the NIMBYs campaigning being more than selective about the information they put out. LDC LibDumbs and Norman Baker are a disgrace-let's hope all Albion fans remember this whenever they come begging for votes.

 

[Screaming J]

I have some experience in this, having been involved in a judicial review case which went all the way to the House of Lords.

The case was bought by Welsh Local Authorities (this was way before the Welsh Assembly) against the Govt for raising tolls on the Severn Bridge, in 1984-5.

They oought leave for judicial revew , were granted it and WON at the High Court. Howver the Government decided to appeal to a higher court, i.e. the Court of Appeal, where the taffys LOST. They then sought leave to appeal to the House of Lords which was denied by the Appeal Court Judges. Through some process I don't remember (it was 20 years ago) they were, despite that ruling, allowed to petition judges at the House of Lords direct. They dids o, but got short shrift, the Lords hearing lasting less than a whole morning.

The point of this small narrative is that this is a complex process and it could take a while. The whole thing - from memory - took 18 month. The Govt took a decsion not to raise the tolls whilst the case was going forward, but I think in law they could have raised them if they wanted to, they didn't for political reasons and the complexity of having to pay every motorist back if they eventually lost!. So we could, in theory start building; but if we lost....... Also would any of the funders actually agree to fork out whilst the case was in progress; I think not.

But the £60k for a first hearing will excalate mightily if this is ratched up thrugh the various courts.

My only worry is whether ODPM will at one stage throw in the towel and say "oh, bugger it,....".

 

[Bwian]

My only worry is whether ODPM will at one stage throw in the towel and say "oh, bugger it,....".

I think the ODPM is more likely to dig their collective heels in. One thing we have in our favour is that John Prescott HATES NIMBYs with a passion,

 

[Screaming J]

I think the ODPM is more likely to dig their collective heels in. One thing we have in our favour is that John Prescott HATES NIMBYs with a passion,

I also know that he has been recounting - with glee - to other Labour politicians our "he's fat, he's round, he's given us a ground" chant.