LTA in court

Equality · Social player

RE: LTA in court

Equality · Social player

Coup Droit wrote:
Just to check,as I understand it:

The case against the LTA for racial discrimination is not the case that is actually being reviewed at the moment. The appeal at the moment is against the case being kicked out last year because Stoute had missed a filing deadline. Hence, if this court finds in Stoute's favour, this has no bearing on whether he suffered racial discrimination or not; the case will simply be sent back down to the High court and the actual merits of the case will be heard at another time.

Is there where we still are ?

Isaac won his appeal to the Court of Appeal which means the case goes to trial unless settled.

-- Edited by Equality on Tuesday 16th of December 2014 05:33:52 PM

indiana · Tennis legend

Ah got you, so it's the majority of folk on the forum who have expressed an opinion support the LTA in Isaac being shown the door. Have I paraphrased you accurately this time ?

Clearly you see things that are not there or make out that you do. Where have people been even suggesting this ?

Having doubts about certain things is not remotely the same thing.

Anyway, whatever, not sure this is going anywhere with you in any rational direction...

KK · Club Coach

On a non - relevant tangent, Farrars can no longer be described as 'The Queen's solicitors'. I would have to be very pushed to use them!

EddietheEagle · County player

Equality wrote:

Isaac won his appeal to the Court of Appeal which means the case goes to trial unless settled.

Has this just happened or are you restating a decision taken some time ago? Like most, I'm neither au fait with the player nor the case.

Equality · Social player

EddietheEagle I was referring to the appeal heard in May this year.

It may be my ignorance of the legal system but it does appear that the court has not recognised the continued discrimination while the case remains unresolved.

Clearly the court cannot give Isaac back the years spent in the wilderness, so why the delay which only benefits the LTA?

baxi2 · Lower Club Player

Maybe the LTA can pull some strings in high places where as the Stoute family probably dont have those contacts ! It won't be the first time !

Coup Droit · Tennis legend

Equality wrote:
EddietheEagle I was referring to the appeal heard in May this year.
It may be my ignorance of the legal system but it does appear that the court has not recognised the continued discrimination while the case remains unresolved.
Clearly the court cannot give Isaac back the years spent in the wilderness, so why the delay which only benefits the LTA?

The Court of Appeal cannot judge the supposed discrimination, so of course they have not 'recognised it'. The reason they can't judge it is that it a court for appeal as to questions of law. Questions of fact (i.e. whether he suffered discrimination or not) need evidence, and witnesses, and cross-examination etc. etc. The Court of Appeal cannot/does not do that.

And it was my understanding that the court in May did not find in favour of Isaac i.e he was not granted the right to take the case back down to the High Court; rather it said that it would consider the question as to whether he should have that right, and not dismiss it out of hand because he missed the filing date. As far as I know (and might be wrong) but they haven't given their decision (as to the sending it back down or not).

Equality · Social player

Coup Droit wrote:
Equality wrote:
EddietheEagle I was referring to the appeal heard in May this year.
It may be my ignorance of the legal system but it does appear that the court has not recognised the continued discrimination while the case remains unresolved.
Clearly the court cannot give Isaac back the years spent in the wilderness, so why the delay which only benefits the LTA?

The Court of Appeal cannot judge the supposed discrimination, so of course they have not 'recognised it'. The reason they can't judge it is that it a court for appeal as to questions of law. Questions of fact (i.e. whether he suffered discrimination or not) need evidence, and witnesses, and cross-examination etc. etc. The Court of Appeal cannot/does not do that.
And it was my understanding that the court in May did not find in favour of Isaac i.e he was not granted the right to take the case back down to the High Court; rather it said that it would consider the question as to whether he should have that right, and not dismiss it out of hand because he missed the filing date. As far as I know (and might be wrong) but they haven't given their decision (as to the sending it back down or not).

The matter was passed back to the County Court in May, and that's the court has delayed the proceedings.

-- Edited by Equality on Wednesday 17th of December 2014 06:39:36 PM

indiana · Tennis legend

Wherever and whatever the delay(s), I really do hope things can be advanced to whatever conclusion asap.

EddietheEagle · County player

Thanks, Equality.

Of course the passage of time works against the player. On the other hand, courts may seek to create sufficient breathing space for parties to settle. I'm completely unfamiliar with the facts so I wouldn't hazard a guess. However, it seems to me from a distance, likely that the LTA has dug its heels in as the last thing the Blazers would want is a finding of racism added to its various woes.

Coup Droit · Tennis legend

yes, many thanks Equality - that bit had passed me by, thanks for the update.

I note the comment:

Lord Justice Underhill told the court: "What the parties require overall is certainty of outcome. In other words, has there been discrimination or not?

"This can best be achieved by getting the case on for trial sooner rather than later given that it was now issued almost a year ago."

the 'sooner rather than later' is obviously not quite going according to plan . . .

However, I also noted the quote (from the Law in Sport site) that:

"In fact, Stoute had previously brought proceedings against the LTA complaining of discrimination in 2009, although those proceedings were settled"

What's that all about ????

EddietheEagle · County player

Maybe he thinks he's on to an earner and is looking for a top-up, while the LTA thinks once was quite enough and twice would set a dangerous pattern.

EddietheEagle · County player

Make of this what you will. I readily confess to understanding neither head nor tail of it:-

http://cases.iclr.co.uk/Subscr/search.aspx?path=WLR+Dailies%2FWLRD+2011%2Fwlrd2014-212

Other than of course, that the court remained silent on the actual merits of the case.

-- Edited by EddietheEagle on Wednesday 17th of December 2014 09:20:30 PM

-- Edited by EddietheEagle on Wednesday 17th of December 2014 09:22:26 PM

Equality · Social player

Coup Droit they say a leopard can't change its spot

If there was evidence from a previous case plus whatever's happened since. It's conceivable that legally the LTA may not be in the best position

therefore there is an incentive to encourage delay?

There must be substantial if not compelling evidence for someone to take on such a fools errand given the risk.