Question For Lord B

[ac gull]

Re Falmer - assuming Ruth Kelly promises to consider all 16 LDC points ( and LDC drop current judicial review court action ) and then still comes to the same decision as John Prescott and it's a Falmer Yes again - say in November 06

Can LDC then issue another legal challenge and apply for another judicial review

 

[dcseagull]

Lord B can correct me if I am wrong, but I think the answer is yes they can.

 

[Stevie Boy]

so everytime they lose, can they appeal each time?

 

[Lord Bracknell]

As my new signature suggests, they will only succeed with an Appeal against the Secretary of State's decision, if they can demonstrate that it is irrational.

If their complaint is that they disagree with the way she exercised her judgment, they stand no chance.

My guess is that the wording of a reissued Decision Letter will be very carefully prepared to close off any possible loopholes.

That won't stop LDC thinking very carefully about their options. And I dare say that - at this stage - they might think a second legal challenge is one of them.








Incidentally ... where did I find the quote in my signature? In an article about High Court Planning Appeals that is on the website of the firm of solicitors that LDC are using to represent them in their current challenge!

 

[ac gull]

So in about Jan 07 it is not impossible that LDC will submit another judicial review application to challenge the decision again

No doubt they will argue the first case never went to court and they have still got their 60k put by from before etc

So this judicial review could then be heard in court in say August 07 - with judgement reserved and a decision received in say December 07

Assuming they lost this court case they would then be off to whatever European court they can find

How many seats do the Lib Dems control the council by - how many would they need to lose in the 2007 local elections for the council cabinet to become pro Falmer rather than anti Falmer

 

[simonsimon]

Never trust LibDem Politicians.

They never have any bedrock principles, be they left or right, and in most cases they are political chancers who sway in the wind of public opinion.

 

[Charles 'Charley' Charles]

Never trust LibDem Politicians.

They never have any bedrock principles, be they left or right, and in most cases they are political chancers who sway in the wind of public opinion.

Or against it

 

[Jim in the West]

That won't stop LDC thinking very carefully about their options. And I dare say that - at this stage - they might think a second legal challenge is one of them.

Presumably, however, assuming the government gets it's wording right this time, LDC's legal advisors will find it difficult to recommend that a Judicial Review stands a chance. If that's the case, then I can't imagine how LDC would be able to risk public money on a JR which they would almost certainly lose.

Incidentally, has the club considered trying to reach some sort of deal with LDC....I'm not sure what this might be, but could possibly include some further concessions on the usage of Falmer for non-Albion related activities? Or further planning gain type concessions