SPURS V ARCHWAY K.O. 10.30 AM 17/2/2015

[robin09]

It's not necessarily over tomorrow anyway, can't Archway appeal?

 

[Geyzer Soze]

It will be a test of one's metal.

'Mettle', maybe?

 

[Geyzer Soze]

It's not necessarily over tomorrow anyway, can Archway appeal?

This is already an appeal isn't it?

Not sure you can appeal twice in the same court, otherwise whgere would any case ever end? But maybe they can apply to be heard by a higher court? I'm not sure, maybe one of our Legal Eagles can answer more exactly

 

[225]

[bad joke attempt]

Confusion has broken out today as Archway misunderstand the phrase "contest the CPO". Further delays expected after Josef family turn up expecting to fight a camp golden robot*.

[/bad joke attempt]


*for the geeks, yes I know... 'protocol droid'

 

[SHaRD]

It's not necessarily over tomorrow anyway, can't Archway appeal?

Can I appeal from a decision by the Court of Appeal?

Only in very limited circumstances. Appeals from the Court of Appeal lie to The Supreme Court of the United Kingdom which is the highest Court of Appeal for civil cases in England and Wales. It only hears about 85 appeals a year. Permission to appeal must be obtained from the Court of Appeal or more usually, The Supreme Court itself.

If I lose in the Court of Appeal, can I appeal to the European Court of Human Rights?

To apply to the European Court of Human Rights, you need to “exhaust domestic remedies”. This means you must have used all the procedures available to you in your own country to seek protection of your rights or to seek justice in respect of a past violation of your rights. In cases where the Court of Appeal is the last court to decide on the case, an application to the European Court of Human Rights may be made.

https://www.justice.gov.uk/courts/r...f-appeal/civil-division/questions-and-answers

 

[Stoof]

Can I appeal from a decision by the Court of Appeal?

Only in very limited circumstances. Appeals from the Court of Appeal lie to The Supreme Court of the United Kingdom which is the highest Court of Appeal for civil cases in England and Wales. It only hears about 85 appeals a year. Permission to appeal must be obtained from the Court of Appeal or more usually, The Supreme Court itself.

If I lose in the Court of Appeal, can I appeal to the European Court of Human Rights?

To apply to the European Court of Human Rights, you need to “exhaust domestic remedies”. This means you must have used all the procedures available to you in your own country to seek protection of your rights or to seek justice in respect of a past violation of your rights. In cases where the Court of Appeal is the last court to decide on the case, an application to the European Court of Human Rights may be made.

https://www.justice.gov.uk/courts/r...f-appeal/civil-division/questions-and-answers

Can't you go to judicial review for a CPO decision?

 

[robin09]

Can I appeal from a decision by the Court of Appeal?

Only in very limited circumstances. Appeals from the Court of Appeal lie to The Supreme Court of the United Kingdom which is the highest Court of Appeal for civil cases in England and Wales. It only hears about 85 appeals a year. Permission to appeal must be obtained from the Court of Appeal or more usually, The Supreme Court itself.

If I lose in the Court of Appeal, can I appeal to the European Court of Human Rights?

To apply to the European Court of Human Rights, you need to “exhaust domestic remedies”. This means you must have used all the procedures available to you in your own country to seek protection of your rights or to seek justice in respect of a past violation of your rights. In cases where the Court of Appeal is the last court to decide on the case, an application to the European Court of Human Rights may be made.

https://www.justice.gov.uk/courts/r...f-appeal/civil-division/questions-and-answers

Surely the legal costs to Archway are pretty high by now, and will get even higher if they take it to European Court. I just don't see what they're trying to achieve any more. It seems like a big pay day has long since been snuffed out, and that by dragging it on, they're just putting themselves under further financial strain.

 

[SHaRD]

Surely the legal costs to Archway are pretty high by now, and will get even higher if they take it to European Court. I just don't see what they're trying to achieve any more. It seems like a big pay day has long since been snuffed out, and that by dragging it on, they're just putting themselves under further financial strain.

The European Convention on Human Rights' focus re protection of property is based on expropriation of Jewish-owned assets by the Nazi government without compensation.

Therefore the essence of it is to prevent a compulsory purchase without compensation.

It does not however seek to "impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties"

So if Archway are receiving the standard CPO independently assessed market value (which they are), the ECHR won't hear their case.

 

[225]

Surely the legal costs to Archway are pretty high by now, and will get even higher if they take it to European Court. I just don't see what they're trying to achieve any more. It seems like a big pay day has long since been snuffed out, and that by dragging it on, they're just putting themselves under further financial strain.

Exactly.

It's like they're going out of the frying pan and into the fire.


Oh.. Wait...

 

[Locotoro]

Can't you go to judicial review for a CPO decision?

Judicial Review is not an appeal to the merit of the case. Its an appeal stating the way in which the judicial process came to the decision was flawed.

 

[SHaRD]

Can't you go to judicial review for a CPO decision?

I think judicial reviews relate to the High Court. The Court of Appeal (where this is today) is already above/senior to the High Court

 

[mil1lion]

I might get banned for this but anyone got a stream for this one?

 

[Stoof]

Judicial Review is not an appeal to the merit of the case. Its an appeal stating the way in which the judicial process came to the decision was flawed.

Well, not just judicial actually. We do potentially have a local authority who has acted ultra vires do we not?

Like I said, I don't know and I'm being lazy.

 

[Geyzer Soze]

Well, not just judicial actually. We do potentially have a local authority who has acted ultra vires do we not?

Like I said, I don't know and I'm being lazy.

Yeah, most of us already know you're a lawyer

 

[hellava_tough]

What, no banner from Chris?

Standards are slipping around here

 

[14/04/91]

It's not Gal Dove from Sexy Beast is it??!

You're doing it, you're moving. Yes yes yes yes yes...YES

 

[ronspurs]

archway have shown themselves to be unscrupulous through the whole process. Expect a frivilous appeal to the ECHR if they lose. I stronlgy doubt this saga will be over today


EDIT: i just read that its a 2 day trial with a decision in 2-3 weeks so obhviously it wont be over today . DOH!

 

[0-Tibsy-0]

http://www.haringeyindependent.co.u...g__High_Court_challenge_to_Spurs_stadium_CPO/

Live updates

 

[TaoistMonkey]

"Mr Pickles".

 

[SHaRD]

archway have shown themselves to be unscrupulous through the whole process. Expect a frivilous appeal to the ECHR if they lose. I stronlgy doubt this saga will be over today


EDIT: i just read that its a 2 day trial with a decision in 2-3 weeks so obhviously it wont be over today . DOH!

As above - they can only appeal to ECHR if they weren't getting standard/minimum rate CPO compensation. The ECHR has no jurisdiction over the decision.

It could be over today or tomorrow if it is as straightforward/frivolous as most believe.