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possible after JR scenario ? (1 Viewer)

  • Thread starter sky blue john
  • Start date Apr 23, 2014
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Rusty Trombone

Well-Known Member
  • Apr 25, 2014
  • #141
Como said:
Rent is not the issue. Correct

Rent and Services Charges are. Wrong

ACL seem at best incompetent. Wrong

Assuming the outcome of the JR is that the Council acted improperly. Pending

Possible action against the Politicians. They could be sued. Specualtion

Order that the loan be re paid. Speculation

Can not believe any other commercial lender would take over, so ACL go bust, Administrator sells assets, major one is lease of the Ricoh. Wrong

As a business what is it worth, makes no money, probably losing at a fair rate, NEC on the market. No evidence to suggest losing money

SISU do need a longer lease, not sure how that comes in. This implies you are sure of all the other bits.
Click to expand...

Filled the answers in for you.
 

skybluetony176

Well-Known Member
  • Apr 25, 2014
  • #142
Rusty Trombone said:
Filled the answers in for you.
Click to expand...

Aren't BCC selling the NEC because they have a huge whole in their budget that they need to fill. Because the NEC is successful they can sell it for vast amounts of money and fill this huge hole or at least a large percentage of it.
 

fernandopartridge

Well-Known Member
  • Apr 25, 2014
  • #143
dongonzalos said:
If they find SISU were also responsible for their actions the judge can choose not to even reverse the decision by the council it can still stand. It is in the judges discretion not to apply any remedy if he feels SISU's behaviour was at all unreasonable
Click to expand...

No. The remedy doesn't have anything to do with how sisu behaved.
 
D

dongonzalos

Well-Known Member
  • Apr 25, 2014
  • #144
fernandopartridge said:
No. The remedy doesn't have anything to do with how sisu behaved.
Click to expand...

The not giving of a remedy does
 
D

dongonzalos

Well-Known Member
  • Apr 25, 2014
  • #145
The application of remedies once a Judicial review has been won are governed by the discretion of the judge .....

The discretionary nature means that even if a court finds a public body has acted wrongly, it does not have to grant any remedy. Examples of where discretion will be exercised against an applicant may include where the applicant’s own conduct has been unmeritorious or unreasonable.



So there is always the potential when someone wins a judicial review that nothing changes including reversing the decision.
 
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