For those worrying about a Judicial Review

[Publius Ovidius]

If the decision is YES and the NIMBY's apply for a Judicial Review, they have 90 days to do so at which point the Judge will ask for a sum of money to proceed....£2m someone said...may be a bit high

HOWEVER, even if they hang fire to 11:59:59secs on day 89, we can still carry on with getting tender documents out etc etc.

Precedent = ARSENAL 's new stadium, as the decision about a JR was being made, they had already almost cleared the site


Panic Thee Not

A few bad hoolie stuff will not make one jot of difference.

The decision has probably already been made anyway.

 

[¡Cereal Killer!]

If the desicion is a YES and the nimbys do apply for Judical Review, will Brighton have to pay anything or will all costs go to the nimby's.

Also, how long will the Judical Review take and how long would it be for the desicion to made after the JR?

 

[The Clown of Pevensey Bay]

Whoever applies for a judicial review has to pay, unless the judge finds in their favour. So the only people who would ever end up footing a bill are Falmer Parish Council (or, I suppose, any individuals in Falmer) and the ODPM. Lewes Council have said they would not seek a judicial review.

 

[Barrel of Fun]

If the desicion is a YES and the nimbys do apply for Judical Review, will Brighton have to pay anything or will all costs go to the nimby's.

Also, how long will the Judical Review take and how long would it be for the desicion to made after the JR?

I am assuming if the review will have to be funded by the Nimbys.

Now how do we ensure that they dont have enough money......

Woodworm set loose in the village to attack their properties?

 

[sullyupthewing]

The Withdean Nimbys where talking about taking the council and club to court after permission was granted to use Withdean, but they backed off when they found out what the cost would be to them if they lost, and they would have lost, some of the Falmer nimbys are talking about going to the courts, they will also back off when they realise just how much it will cost.

 

[Yorkie]

The Withdean Nimbys where talking about taking the council and club to court after permission was granted to use Withdean, but they backed off when they found out what the cost would be to them if they lost, and they would have lost, some of the Falmer nimbys are talking about going to the courts, they will also back off when they realise just how much it will cost.

John Catt did cause a delay to the extra seats going in by quite a long time.

 

[Barrel of Fun]

The Withdean Nimbys where talking about taking the council and club to court after permission was granted to use Withdean, but they backed off when they found out what the cost would be to them if they lost, and they would have lost, some of the Falmer nimbys are talking about going to the courts, they will also back off when they realise just how much it will cost.

You mean S.W.E.A.T.? The leaflets we got through the door. Pissing in the garden, fighting, damage to property! Oh it was laughable

 

[Kent Seagull]

If the worst happened and Prescott said no, could/would the club apply for a Judical Review or is that the end of Falmer as far as we're concerned?

 

[Drumstick]

beating palarse 1 nil and getting falmer all so soon! I think I might have a heart attack!

 

[Lord Bracknell]

The Withdean NIMBYs SUCCEEDED in getting a Judicial Review of how the City Council processed all its planning applications. They eventually won their case.

It was basically about a housing development, but one spin-off was that there was a huge delay in us getting approval for the extra seats. Their campaign against the extra Park & Ride was a quite separate bit of NIMBYism.

Remember one thing though - no-one can use the Judicial Review process simply to change Prescott's decision. All that is allowed is a challenge to how the decision was made. If the challenge is successful, the matter is referred back to Prescott. He still has to make his decision, but this time taking account of the judgement. He is, however, perfectly entitled to take the same decision as he took the first time (which is what I believe the City Council did in the case of the Withdean housing matter).

 

[Lord Bracknell]

If the worst happened and Prescott said no, could/would the club apply for a Judical Review or is that the end of Falmer as far as we're concerned?

If the manner in which the decision was made was dodgy ... YES, we could apply for a Judicial Review.

For example ... if he decided that Brighton Station was an alternative, available site, we could challenge it on the grounds that everyone at the second Public Inquiry agreed that the site wasn't available and, moreover, it plainly isn't available - because it's now been built on.

 

[Lord Bracknell]

We could also get a Judicial Review if Prescott opts for "Pende" - on the grounds that nobody knows where the f*** it is.

 

[Tom Hark Preston Park]

Would any Judicial Review not be NIMBYs v Prescott's Dept.?

Couldn't the Albion just sit back and watch the opponents of the stadium crash and burn?

 

[Lord Bracknell]

Would any Judicial Review not be NIMBYs v Prescott's Dept.?

Couldn't the Albion just sit back and watch the opponents of the stadium crash and burn?

Indeed.

Although if the Albion joined in and the NIMBYs lost, all our costs would have to be covered by the NIMBYs. We might consider employing the world's most expensive legal team, for the pure pleasure of watching everyone in Falmer (except Derek Chapman, of course) ending up in the Bankruptcy Court.

 

[¡Cereal Killer!]

Indeed.

Although if the Albion joined in and the NIMBYs lost, all our costs would have to be covered by the NIMBYs. We might consider employing the world's most expensive legal team, for the pure pleasure of watching everyone in Falmer (except Derek Chapman, of course) ending up in the Bankruptcy Court.

And then burn Falmer to the ground and then the stadium will be ours! MWAHAHAHAHAHAHA!!!

 

[Lord Bracknell]

We could buy up all the houses and turn them all into PUBS.

 

[Lord Bracknell]

... not of course that the Stadium is anywhere near the village.

 

[Tom Hark Preston Park]

... not of course that the Stadium is anywhere near the village.

Ther's a VILLAGE there too?

 

[London Irish]

The Withdean NIMBYs SUCCEEDED in getting a Judicial Review of how the City Council processed all its planning applications. They eventually won their case.

It was basically about a housing development, but one spin-off was that there was a huge delay in us getting approval for the extra seats. Their campaign against the extra Park & Ride was a quite separate bit of NIMBYism.

Remember one thing though - no-one can use the Judicial Review process simply to change Prescott's decision. All that is allowed is a challenge to how the decision was made. If the challenge is successful, the matter is referred back to Prescott. He still has to make his decision, but this time taking account of the judgement. He is, however, perfectly entitled to take the same decision as he took the first time (which is what I believe the City Council did in the case of the Withdean housing matter).

This begs the question, is it vastly more expensive to pursue a judicial review against the Secretary of State rather than against the city council?

If Catt was prepared to suck up the cost, won't an entire village of Catts do so?

We've heard judicial reviews may be prohibitively expensive, but I guess doesn't that depend on what they seek to challenge and how much court time it takes up. ie. how long is a piece of string

 

[Lord Bracknell]

Ther's a VILLAGE there too?

Didn't you know?

You have to walk through a university, cross a county boundary, over the railway, through the trees, over a slip road, across a dual carriageway, over another slip road, through a second university, more trees, and eventually you get there.

It takes bloody hours.