Tottenham Hotspur Thread
Discussion
johnxjsc1985 said:
and ths will help Spurs future planning applications how exactly?.
Boris gives concessions in return for Spurs dropping the judicial reviewor
Judge finds in favour of Spurs in judicial review, orders new bidding process, Spurs win bid and are awarded Olympic site
or
Judge finds in favour of Spurs in judicial review, doesn't order new bidding process, Spurs awarded compensation
or
Nothing positive comes of it
im said:
Q. If NDP really is no-go now why has Levy agreed the text of the S106 agreement and why is the leader of the council very hopeful that it will be signed in the next few weeks??? After all, we're being told by Levy et all that there is absolutely no chance of this project progressing now!
What is levy's plan?
Haringey are desperate for THFC to stay where they are, she's adding spin to itWhat is levy's plan?
however, THFC do need to keep their ball rolling with respect to the S106 as they need to establish exactly what their fiancial commitment will be before they can decide, for once and for all, if they can or cannot afford it
without it they won't have sufficient info to value engineer the scheme and nor can they use it as a tool to renegotiate the deal if they find an alternative site - it's in their better interests to finish the job off
im said:
Is Levy's Judicial review just him playing hardball with the Govt/Boris to squeeze yet more concessions out of them by allowing them to 'save face' and costs with the upcoming 2017 World Athletics Championship if they bend over and take it vis-a-vis NDP concessions?
well he's not going to give them an easy time unless it's in his interests... 
TEKNOPUG said:
johnxjsc1985 said:
and ths will help Spurs future planning applications how exactly?.
Boris gives concessions in return for Spurs dropping the judicial reviewor
Judge finds in favour of Spurs in judicial review, orders new bidding process, Spurs win bid and are awarded Olympic site
or
Judge finds in favour of Spurs in judicial review, doesn't order new bidding process, Spurs awarded compensation
or
Nothing positive comes of it
Exactly my thoughts. NDP doesn't form any part of the Judicial Review. It's completely seperate.
The options, should a decision be found in Spurs/Orients favour are:
Quashing order
This is the most commonly requested remedy whereby the court overturns the decision made by the public body. If a quashing order is made, the public body must then commence the decision making process again this time applying the proper legal tests and/or following the fair procedure.
In respect of the loan, Tottenham and Leyton Orient appear to be seeking the quashing of the loan and repayment back to Newham Council. Presumably, both clubs feel that without the loan, West Ham will be unable to convert the Olympic Stadium therefore frustrating their bid and forcing the OPLC and the government to make a different decision.
Both clubs will also seek the quashing of the actual decision to award the Olympic Stadium to West Ham. If successful, the OPLC will have to restart the decision making process once again.
2. Mandatory order
A mandatory order requires the public body to carry out its legal duties. Claimants typically seek a quashing order together with a mandatory order directing the public body to make the decision again pursuant to the court’s judgment.
In addition to seeking an order quashing the decision and forcing the OPLC to commence the decision making process again, Tottenham are likely to also seek a mandatory order forcing the OPLC to this time consider their proposal more fully. Leyton Orient will also seek a similar order forcing the OPLC to consider their circumstances as well as consulting the club during the decision making process and providing them with an opportunity to make representations.
3. Prohibiting order
A prohibiting order prevents a public body from taking an unlawful decision or action.
Tottenham could seek an order prohibiting the OPLC from not fully considering their proposal and Leyton Orient could once again seek a similar order preventing the OPLC from not consulting them in any subsequent decision making process.
4. Declarations
The court may simply make a declaration as to what the law is or the respective rights of the parties without making any other order. For instance, Tottenham and/or Leyton Orient may only seek a declaration from the court that the loan was a breach of European and UK competition law. However, this remedy is only available if the other remedies are not relevant, which is clearly not the case here.
5. Injunctions
Injunctions are sometimes granted at the permission stage of the proceedings as a temporary order to prevent a particular decision before the court considers the case fully at trial. This is not relevant in this case as the decision to make the loan and award the Olympic Stadium to West Ham has already been made.
6. Damages
Damages can also be sought but are only available when another established cause of action is available for which damages may be sought such as a breach of the Human Rights Act 1998.
There is no absolute right to any of the remedies listed above even though the court may rule that a public body has acted unlawfully. Any remedy is at the discretion of the court taking into account factors such as whether the applicant has acted promptly, in good faith and whether any substantial hardship has been suffered. It should be noted that there have been rare instances whereby the courts have ruled that a decision is unlawful but have chosen not to award any remedies at all.
The options, should a decision be found in Spurs/Orients favour are:
Quashing order
This is the most commonly requested remedy whereby the court overturns the decision made by the public body. If a quashing order is made, the public body must then commence the decision making process again this time applying the proper legal tests and/or following the fair procedure.
In respect of the loan, Tottenham and Leyton Orient appear to be seeking the quashing of the loan and repayment back to Newham Council. Presumably, both clubs feel that without the loan, West Ham will be unable to convert the Olympic Stadium therefore frustrating their bid and forcing the OPLC and the government to make a different decision.
Both clubs will also seek the quashing of the actual decision to award the Olympic Stadium to West Ham. If successful, the OPLC will have to restart the decision making process once again.
2. Mandatory order
A mandatory order requires the public body to carry out its legal duties. Claimants typically seek a quashing order together with a mandatory order directing the public body to make the decision again pursuant to the court’s judgment.
In addition to seeking an order quashing the decision and forcing the OPLC to commence the decision making process again, Tottenham are likely to also seek a mandatory order forcing the OPLC to this time consider their proposal more fully. Leyton Orient will also seek a similar order forcing the OPLC to consider their circumstances as well as consulting the club during the decision making process and providing them with an opportunity to make representations.
3. Prohibiting order
A prohibiting order prevents a public body from taking an unlawful decision or action.
Tottenham could seek an order prohibiting the OPLC from not fully considering their proposal and Leyton Orient could once again seek a similar order preventing the OPLC from not consulting them in any subsequent decision making process.
4. Declarations
The court may simply make a declaration as to what the law is or the respective rights of the parties without making any other order. For instance, Tottenham and/or Leyton Orient may only seek a declaration from the court that the loan was a breach of European and UK competition law. However, this remedy is only available if the other remedies are not relevant, which is clearly not the case here.
5. Injunctions
Injunctions are sometimes granted at the permission stage of the proceedings as a temporary order to prevent a particular decision before the court considers the case fully at trial. This is not relevant in this case as the decision to make the loan and award the Olympic Stadium to West Ham has already been made.
6. Damages
Damages can also be sought but are only available when another established cause of action is available for which damages may be sought such as a breach of the Human Rights Act 1998.
There is no absolute right to any of the remedies listed above even though the court may rule that a public body has acted unlawfully. Any remedy is at the discretion of the court taking into account factors such as whether the applicant has acted promptly, in good faith and whether any substantial hardship has been suffered. It should be noted that there have been rare instances whereby the courts have ruled that a decision is unlawful but have chosen not to award any remedies at all.
Imo the JR is all about damages in a, 'we spent ££££ preparing a bid and feel that it wasn't given due consideration, especially re. Crystal Palace. The playing field was never level due to the possibly illegal funding offered to a competitor', sort of way.
We will end up gaining some concessions for NDP to go ahead, maybe 40 million from our local council would be nice (not that that will happen)
We will end up gaining some concessions for NDP to go ahead, maybe 40 million from our local council would be nice
(not that that will happen)im said:
sleep envy said:
or Judge finds in favour of Spurs in JR, doesn't order new bidding process but mandates that Boris has to reduce his S106 requirements &/or THFC can be lax when having to discharge the planning conditions
s106? Surely not. The NDP isn't part of his remit.when pressure is on who knows what happens behind closed doors
Well Gallas, Dawson and King are all better than him so will start before him. I can see why his nose my have been put out of joint when Gallas joined but even if he hadn't, he'd still be behind Dawson and King.
What he's really saying is "I'm not good enough to command a starting place at Spurs, so I will need to leave and join a club with inferior players".
Or accept that if you want to be at a club challenging near the top of the table you need a squad of 25 quality players and you need to be exceptional to play every week.
What he's really saying is "I'm not good enough to command a starting place at Spurs, so I will need to leave and join a club with inferior players".
Or accept that if you want to be at a club challenging near the top of the table you need a squad of 25 quality players and you need to be exceptional to play every week.
There now seems to be an expectation that the Tottenham/Orient challenge will go to a FULL trial as this piece in 'The Lawyer' today says that all the protagonists have lined up the top sports lawyers in the UK.
http://www.thelawyer.com/blackstone-...008000.arti...
http://www.thelawyer.com/blackstone-...008000.arti...
im said:
There now seems to be an expectation that the Tottenham/Orient challenge will go to a FULL trial as this piece in 'The Lawyer' today says that all the protagonists have lined up the top sports lawyers in the UK.
http://www.thelawyer.com/blackstone-...008000.arti...
linky no workyhttp://www.thelawyer.com/blackstone-...008000.arti...
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