LDC 16 Points

[Seagull73]

This is what really worries me.

Yes, however, don't forget that LDC are being flamed in their constituency for their continued involvement in this case. If the government comes back with valid responses, which I suspect will be reponses fairly closely linked to the responses of the inspector at the time, what on earth would make them think they will get away with going for a judicial review, when any finding of a judicial review will only go back to Ruth Kelly anyway?

I suspect that provided RK decides to tell LDC to f*ck off and approve the stadium, which I don't doubt she will because she will be taking advice from the governments lawyers, LDC will be forced into a corner and have no choice but to concede defeat.

 

[Publius Ovidius]

[B)That press release is carefully worded in a way which says that they will not go to court this time round, which some might take as implying they have no inclination to go to court at all.

[/B]

Or the implication is that if the gvt do not agree to all 16 points, then they will go to court.

If the Gvt say, ok all 16 points are valid, then LDC are saying that will be it, but presumably the Falmer residents will suggest the whole thing was bollocks and the stdium should be rejected.

I think LDC are being mischievous

 

[Seagull73]

Unfortunately, I would trust Hitler before I trust LDC

Well we know that decisions are taken in pretty similar fashion...

 

[Publius Ovidius]

whose court is the ball in now Ed? Are we waiting for Ruth Kelly ( the horrible rabid old hag) or are we waiting for LDC?

 

[Curious Orange]

It's a bit of a cheek on LDC's part really - demanding that all their 16 points are re-considered, when they blatantly already have been. I guess that what will happen is that they'll actually get a mention in the new decision.

I remember going through them all some time ago, and even to an idiot like me all the points, with the exception of the boundary, are spurious at best. In some cases, such as in referrence to the National Park, they are now completely irrelevant.

 

[Seagull73]

I think LDC are being mischievous

They are DEFINATELY being mischievious. Their statement comes across as arrogant, and looking like they are in control of the situation, which they clearly are not.

The government is on our side, we know that, LDC know that. They are playing bullyboy tactics, because they have tried everything else and got nowhere, and they are also testing Ruth Kelly's resolve.

Bad move if you ask me...

 

[The Large One]

Or the implication is that if the gvt do not agree to all 16 points, then they will go to court.

If the Gvt say, ok all 16 points are valid, then LDC are saying that will be it, but presumably the Falmer residents will suggest the whole thing was bollocks and the stdium should be rejected.

I think LDC are being mischievous

Look at Lord Bracknell's post on the first page of this thread and the article in the Arsegas. The government has REJECTED the other 15 points Lewes have made, and would say so if they had to go to Court.

 

[Publius Ovidius]

No what I meant was, LDC seem to be suggesting " look if you agree that all points are correct, then we will bugger off....." knowing how incompetant this shower are, they may want to take the easy way out and say " well ok then, all 16 agreed, now go away..."

this is Ruth Kelly we are talking about rabid old hag if there was ever a reason for women to wear burkhas, its her

 

[Hatterlovesbrighton]

Look at Lord Bracknell's post on the first page of this thread and the article in the Arsegas. The government has REJECTED the other 15 points Lewes have made, and would say so if they had to go to Court.

To be fair LDC are being quite proper. They are saying that they will drop their case (for the moment) if the Govt agree to consider (CONSIDER not agree too) all 16 of their points.

If the case had gone to court, given that the Government have already admiited that they got one of the 16 wrong, the judge would probably have said the exact same thing.

That is why the Government have agreed to this.

 

[Caveman]

However, that press release does not say that, and even if Ruth Kelly takes into account Lewes' concerns (and almost certainly rejecting them - "I hear what you say, LDC, but I disagree...") and still grants Falmer, as you rightly say, there is nothing to stop Lewes trying to take this to the High Court again.

Yes and that is exactly what they will do.

 

[Curious Orange]

To be fair LDC are being quite proper. They are saying that they will drop their case (for the moment) if the Govt agree to consider (CONSIDER not agree too) all 16 of their points.

If the case had gone to court, given that the Government have already admiited that they got one of the 16 wrong, the judge would probably have said the exact same thing.

That is why the Government have agreed to this.

But the Government already HAVE considered all 16 points. That is what the Treasury Solicitors did, and agreed with 1 of them.

 

[Hatterlovesbrighton]

But the Government already HAVE considered all 16 points. That is what the Treasury Solicitors did, and agreed with 1 of them.

But not as part of a new consideration of the application. Tsols have just given they're opinion on them as the Governments lawyers.

 

[Publius Ovidius]

they're opinion

their


LOL


What do you do for as job Mr Hatter? Do you work for HM Government?

 

[Hatterlovesbrighton]

their


LOL


What do you do for as job Mr Hatter? Do you work for HM Government?

I do indeed work for HM Govt, but thankfully with a word processor with a grammar check.

Used to spend my time having to interpret the ramblings of treasury solicitors but now try to get rid of the horrendous amount of red tape that we force on business.

 

[Publius Ovidius]

Ah right


Therefore IYHO, do you think we have a chance of building this stadium or not?

 

[The Large One]

But not as part of a new consideration of the application. Tsols have just given they're opinion on them as the Governments lawyers.

That's because a new consideration of the application hasn't been announced.

Because this has not gone to court, the Treasury Solicitor's opinion now carries quite a bit of clout - especially in the new consideration letter. Even if it had gone to court, then, as you say, the courts and TS would have probably reached the same conclusion about those 16 points.

It doesn't stop the fact that some of the top solicitors in the country feeling that Lewes' case is pretty flimsy, despite what LDC themselves think.

 

[Hatterlovesbrighton]

Ah right


Therefore IYHO, do you think we have a chance of building this stadium or not?

Most definitely, but it will take time. As I see it Ruth Kelly's department will now reissue the decision.

In the decision they will specifically address each of LDC's 16 points, most probably using the Tsol opinions for the basis of their condieration.

If they stick to the Tsols opinion they will reject all bar one of the points and still give permission.

Following that LDC will need to decide whether to go for JR. If they do mount a challenge there is still the chance that judge will quosh the decision (but there is always a chance of that) but if a judge sees that the Goverment has specifically looked at the issues of concern to LDC in making their decision but has rejected them properly and fairly then they will have a very slim chance of success.

In a line, I'll think you'll do it but you'll have to keep the faith for a bit longer.

 

[The Large One]

Most definitely, but it will take time. As I see it Ruth Kelly's department will now reissue the decision.

In the decision they will specifically address each of LDC's 16 points, most probably using the Tsol opinions for the basis of their condieration.

If they stick to the Tsols opinion they will reject all bar one of the points and still give permission.

Following that LDC will need to decide whether to go for JR. If they do mount a challenge there is still the chance that judge will quosh the decision (but there is always a chance of that) but if a judge sees that the Goverment has specifically looked at the issues of concern to LDC in making their decision but has rejected them properly and fairly then they will have a very slim chance of success.

In a line, I'll think you'll do it but you'll have to keep the faith for a bit longer.

Furthermore, if Lewes do challenge the new decision and lose, the judge ought to have NO problem telling Lewes to cough up for everyone's expenses. The costs are at the judge's discretion, but Lewes will have a much harder hill to climb justifying their stance, and a very difficult time overturn the new decision.

 

[The Oldman]

Yes, however, don't forget that LDC are being flamed in their constituency for their continued involvement in this case.

Sorry to disagree but where is the evidence for this? Falmer is not a big issue whereas Incinerator and Sewage works are.
I know we did brilliantly to get our petition signed by so many and good letter writing to local papers but local councillors that are getting far more flak re the I & S issues. Remember a heck of a lot of folk hate football with a passion that matches our love for the Albion.

This is still going to be a very hard fight to convince Lewes to back down and i'm not sure we are winning it.