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General discussion => The Flame Pit => Topic started by: Hippocrates on January 31, 2025, 12:08:05 pm

Title: Re: The need for a higher Tribunal
Post by: Hippocrates on February 20, 2025, 10:17:28 am: @John U.K. General chat about Scotland, High Court and Court of Appeal. One adjudicator not binding on another, prejudice, Jackson J etc. and Soneji. Not in the hearing room, of course.

And this, of which I was kindly given a hard copy!:

https://drive.google.com/file/d/1huH4PnDmXKAdMmlhvjU_F5YHaI56JX51/view

Re the linked case: it appears that two Adjudicators have now said that, although it is not binding, it is persuasive. Not appears, it was said to me and to mrmustard on separate occasions - Monday and Wednesday respectively. This may well cause problems re prejudice arguments and website issues in future.
Title: Re: The need for a higher Tribunal
Post by: John U.K. on February 20, 2025, 07:51:26 am: Quote from: Hippocrates on February 19, 2025, 09:03:04 pm
I raised this with Mr Chan on Monday.

And the outcome was . . . ?
Title: Re: The need for a higher Tribunal
Post by: Hippocrates on February 19, 2025, 09:03:04 pm: I raised this with Mr Chan on Monday.
Title: Re: The need for a higher Tribunal
Post by: mickR on February 01, 2025, 02:13:04 pm: (https://emoji.tapatalk-cdn.com/emoji56.png)
Title: Re: The need for a higher Tribunal
Post by: andy_foster on February 01, 2025, 01:54:10 am: Mick, you are a very, very bad man
Title: Re: The need for a higher Tribunal
Post by: mickR on January 31, 2025, 11:28:18 pm: Quote from: Hippocrates on January 31, 2025, 02:14:49 pm
Quote from: andy_foster on January 31, 2025, 12:48:17 pm
“O God and Heavenly Father, grant to us the serenity of mind to accept that which cannot be changed, courage to change that which can be changed, and wisdom to know the one from the other through Jesus Christ, our Lord, Amen.”

Wisdom. Serenity.

I do believe it can be changed. ;D And I do not intend to injure my knees in the process. 8)
:o :o :o a. I reading to much into that? ;D
Title: Re: The need for a higher Tribunal
Post by: Hippocrates on January 31, 2025, 02:14:49 pm: Quote from: andy_foster on January 31, 2025, 12:48:17 pm
“O God and Heavenly Father, grant to us the serenity of mind to accept that which cannot be changed, courage to change that which can be changed, and wisdom to know the one from the other through Jesus Christ, our Lord, Amen.”

Wisdom. Serenity.

I do believe it can be changed. ;D And I do not intend to injure my knees in the process. 8)
Title: Re: The need for a higher Tribunal
Post by: Southpaw82 on January 31, 2025, 01:16:16 pm: Quote from: Hippocrates on January 31, 2025, 12:08:05 pm
1. Reviews should be conducted by higher adjudicators who are not peers.

So you say, but that is not how it works in the wider judicial system, particularly tribunals. What you want is something akin to the First Tier Tribunal/Upper Tribunal system that exists almost uniformly elsewhere. Look at the Tribunals, Courts and Enforcement Act 2007.
Title: Re: The need for a higher Tribunal
Post by: andy_foster on January 31, 2025, 12:48:17 pm: “O God and Heavenly Father, grant to us the serenity of mind to accept that which cannot be changed, courage to change that which can be changed, and wisdom to know the one from the other through Jesus Christ, our Lord, Amen.”

Wisdom. Serenity.
Title: The need for a higher Tribunal
Post by: Hippocrates on January 31, 2025, 12:08:05 pm: Having discussed this with cp8759, how can we achieve this?

My reasons:

1. Reviews should be conducted by higher adjudicators who are not peers.
2. It is really difficult at present even to secure a second review though I have done so at the TPT*
2. If set up, a higher tribunal would save much expense etc of seeking a Judicial Review.

* https://drive.google.com/file/d/1iz73a1Rv3Dov2E_2wsYGGbKtVgtRE6dR/view