JD Classics, what have they been up to?
Discussion
I think that you are being overly modest. While a “humble” solicitor’s ability to recall and index information is impressive by the standards of the rest of us, those of a QC are of a different order of magnitude, and those of a judge higher still. Clearly minds can be trained, but I have the feeling that the aptitude runs deeper than that.
After all if we look at our dear PM, he has had best education that money can buy, yet he still has a sixth rate mind...
After all if we look at our dear PM, he has had best education that money can buy, yet he still has a sixth rate mind...
I read the whole thing through a few nights ago. My impression is that (given the referenced evidence) it was a relatively simple case.
However, what I find impressive is the ability for a Judge to take an environment he may have little knowledge or interest in, and break down the relevant issues so that he can opine on each point and make a judgement - whilst that may seem obvious to the legal practitioners, it's still a great skill.
However, what I find impressive is the ability for a Judge to take an environment he may have little knowledge or interest in, and break down the relevant issues so that he can opine on each point and make a judgement - whilst that may seem obvious to the legal practitioners, it's still a great skill.
Good lawyers and good judges are used to becoming mini experts on a variety of subjects for the purposes of a case. You then forget most of the stuff as you go on to another case.
Most High Court Judges are very hard working and get into the detail of things. They do of course make mistakes, which is why we have appellate courts.
Most High Court Judges are very hard working and get into the detail of things. They do of course make mistakes, which is why we have appellate courts.
PS I also read the whole document and found it absolutely fascinating. Except I didn’t wake up until 10am this morning having made the executive decision last night that I couldn’t put it down until i had finished it. That’ll be 2:30am then...haha
I do have to say that I think Mr Tuke has been extremely lucky to be able to persuade that he wouldn’t have sold the other cars until now, thus (assuming that he gets paid
) bagging the appreciation in that time.
I mean, I wouldn’t have sold my XYZ if ABC - it’s a big ask for an investor to watch assets grow and yet for the investor to hold firm and not sell for the first reasonable profit.
I do have to say that I think Mr Tuke has been extremely lucky to be able to persuade that he wouldn’t have sold the other cars until now, thus (assuming that he gets paid
) bagging the appreciation in that time.I mean, I wouldn’t have sold my XYZ if ABC - it’s a big ask for an investor to watch assets grow and yet for the investor to hold firm and not sell for the first reasonable profit.
Julian Thompson said:
If Mr Hood did indeed go bankrupt then:
1) where is the 38m?
2) how can Mr Tuke get paid
3) what happens if he doesn’t get paid?
1. Who knows? Tuke's lawyers, and Hood's Trustee in Bankruptcy, will be investigating this.1) where is the 38m?
2) how can Mr Tuke get paid
3) what happens if he doesn’t get paid?
2. By trying to follow the money into the hands of whatever persons or entities Hood stashed it with. There may be much more litigation ahead.
3. Nothing.
Breadvan72 said:
Julian Thompson said:
If Mr Hood did indeed go bankrupt then:
1) where is the 38m?
2) how can Mr Tuke get paid
3) what happens if he doesn’t get paid?
1. Who knows? Tuke's lawyers, and Hood's Trustee in Bankruptcy, will be investigating this.1) where is the 38m?
2) how can Mr Tuke get paid
3) what happens if he doesn’t get paid?
2. By trying to follow the money into the hands of whatever persons or entities Hood stashed it with. There may be much more litigation ahead.
3. Nothing.
Breadvan72 said:
To those apparently expressing surprise that the Judge did a good job: the guy is a High Court Judge, with decades of experience as a lawyer before his judicial appointment. It would be surprising if the judge had produced anything other than a careful and clear judgment.
No surprise from me, it's just good to see the details are understood and explained in a format that could make sense to most people.Julian Thompson said:
People get locked up for fraud
Edit (I don’t mean I have an opinion on this that Mr Hood should be locked up - I genuinely don’t know at all - but, people do get locked up for fraud amounting to a lot less than £13,000,000 - thus, shock)
This was a civil claim. It wasn't a criminal prosecution. That has been made clear repeatedly in this thread and is also readily apparent from the judgment. Edit (I don’t mean I have an opinion on this that Mr Hood should be locked up - I genuinely don’t know at all - but, people do get locked up for fraud amounting to a lot less than £13,000,000 - thus, shock)
Breadvan72 said:
To those apparently expressing surprise that the Judge did a good job: the guy is a High Court Judge, with decades of experience as a lawyer before his judicial appointment. It would be surprising if the judge had produced anything other than a careful and clear judgment.
But, but we've all read it in the papers. Judges are just a bunch of old duffers with no connection to reality. It's in the papers so it must be true. They couldn't print it if it weren't true. I mean, that's nearly as high a level of proof as "the geezer down the pub said..."Sadly I've had some dealings with Judges and they were very switched on in a difficult situation, which is much more than I could say from the CPS (who might have been suffering from being under resourced or might have been.... sod it I'm not going there).
JPvanRossem said:
When I was an undergraduate, I found myself one lunchtime in halls sitting across the table from some elderly chap. I asked him what he was studying. He said, "PPE." I asked if he had done a degree before, and he said, "Well, I read law at Cambridge sixty years ago." Turns out he used to be a high court judge, and doing a degree in PPE at Oxford was just one of the ways he occupied himself in retirement. I was like, "Nuff respect." He was like, "I'm going to eat my salad now."
Little did either of you know how useful that Personal Protection Equipment training would prove to be....That question has already been asked and answered a short distance above. Am I the only person on PH who usually reads a thread before I post in it?
After a civil trial, the judge might refer the conduct of a party or a witness to the Attorney General for a view to be taken on prosecuting the witness for perjury or for attempting to pervert the course of justice. This is not often done, partly to reduce satellite litigation, and partly because losing the civil case may be a sufficient sanction for the misconduct.
The judge could also treat blatant lying as a contempt of court.
That reminds me: I owe my learned friend at the criminal Bar above an apology, because I forgot to mention when going on about the fixed standard of proof in civil cases that when contempt of a civil court is alleged, it must be proven to the criminal standard of proof. This is because a finding of contempt of court can result in a sentence of imprisonment.
After a civil trial, the judge might refer the conduct of a party or a witness to the Attorney General for a view to be taken on prosecuting the witness for perjury or for attempting to pervert the course of justice. This is not often done, partly to reduce satellite litigation, and partly because losing the civil case may be a sufficient sanction for the misconduct.
The judge could also treat blatant lying as a contempt of court.
That reminds me: I owe my learned friend at the criminal Bar above an apology, because I forgot to mention when going on about the fixed standard of proof in civil cases that when contempt of a civil court is alleged, it must be proven to the criminal standard of proof. This is because a finding of contempt of court can result in a sentence of imprisonment.
Gassing Station | Classic Cars and Yesterday's Heroes | Top of Page | What's New | My Stuff