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Post Info TOPIC: LTA in court


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RE: LTA in court


Equality wrote:

 

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


Compelling evidence would hardly make the case a fool's errand. Quite the reverse in fact. With compelling evidence, he'd win, unless of course the judges are as biased as the LTA.   



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There's always the chance of a fool being involved somewhere.

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EddietheEagle wrote:
Equality wrote:

 

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


Compelling evidence would hardly make the case a fool's errand. Quite the reverse in fact. With compelling evidence, he'd win, unless of course the judges are as biased as the LTA.   


 EddietheEagle - not sure if your comment was made tongue in cheek, but a case in which time is of the essence and the court of appeal commenting on the need for expediency your comments could be closer to the mark than we might think.  This is an old boys network similar to the LTA so could the court be biased?

 



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Just a couple of comments, Equality:

I'm usually start out as pro the 'little guy' in these sort of cases. Not because the little guy is usually right but simply because it's true that the playing field is not completely flat. So, without any knowledge whatsoever, I'm sympathetic to Isaac's claim (although he may well be wrong).

But beware of accusing specific judges of bias or you'll find yourself with a defamation suit, and quite rightly.

As to the delay, it's obvious;y not great but if Isaac had filed his paperwork on time the first time round, in 2013, none of this delay would have been necessary.

And when you say a leopard doesn't change its spots, do you mean (which I assume you don't, but it could be read that way) that Mr. Stoute is a serial litigator?

Or do you mean (which I assume you do) that the LTA were 'guilty' of racial discrimination then, because they settled, and so are more likely to be this time too?

Because that is not right. The LTA were not 'guilty' the first time. The case got settled.

And it is not true that you would never settle a case unless you knew you were in the wrong - people do it all the time.

If a body has a completely unfounded case filed against it, but the claimant will settle for £10k, say, and the body knows that their legal fees/time will amount to miles more than that, and that although they will get a costs award, the chance of actually seeing any of that costs money is tiny/negligible, then they would be stupid not to settle it (unless public image comes into it, which it might now here). And the LTA is a not-for-profit company so, arguably, they have even more duty to be ultra careful how they spend the money.

Again, I'm not saying Isaac is wrong but he's not clearly right either - that's why there's a case to be heard.

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Coup Droit - I believe I said if there was evidence from the first claim I didn't say the LTA had been found guilty.

Also a decision which is contrary to the recommendations of a higher court,  to disadvantage one of the parties makes the question a valid one.

 



-- Edited by Equality on Thursday 18th of December 2014 07:51:11 PM

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Equality wrote:   


 EddietheEagle - not sure if your comment was made tongue in cheek, but a case in which time is of the essence and the court of appeal commenting on the need for expediency your comments could be closer to the mark than we might think.  This is an old boys network similar to the LTA so could the court be biased?


I couldn't possibly answer that question, Equality, in connection with Isaac's case. In certain sectors courts almost certainly were/are still biased - in family law for instance, hence the fathers' groups campaign for better family justice and an equal right to raise your children after divorce or family separation.  

Racial discrimination cases? Try and get before a black judge if possible. I appeared before a black judge once so they do exist. I guess you'd have to drop some court clerk a bung to arrange it.



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And iff there is indeed any biasedness involved from judges in racial discrimination cases a black judge is naturally less likely to be biased than a white judge ? Just asking ...

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indiana wrote:

And iff there is indeed any biasedness involved from judges in racial discrimination cases a black judge is naturally less likely to be biased than a white judge ? Just asking ...


Not necessarily, could be worse. Institutionalised racism isn't confined to the police force.



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Equality wrote:
indiana wrote:

And iff there is indeed any biasedness involved from judges in racial discrimination cases a black judge is naturally less likely to be biased than a white judge ? Just asking ...


Not necessarily, could be worse. Institutionalised racism isn't confined to the police force.


  OK I'm going to bring the issue of Stoute v LTA back up, I thought Stoute was taking the LTA to court (again) Did a judge rule on the racism claim?



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