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#Post#: 77781--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: Southpaw82
Date: June 23, 2025, 1:17 pm
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--- Quote from: stamfordman link ---
>
> I expect Lambeth will see this off.
>
--- End Quote ---
Have they appealed?
--- Quote ---
> I've read the judgement and it seems to amount to nonsense by
the judge (who has been identified as a contact of one of the
well-off campaigners).
--- End Quote ---
You seem personally invested in this.
#Post#: 77787--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: stamfordman
Date: June 23, 2025, 2:31 pm
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--- Quote from: Southpaw82 link ---
>
> Have they appealed?
>
> You seem personally invested in this.
>
--- End Quote ---
See the relief judgement above - permission to appeal was
denied.
I have no connections with anyone regarding this. Unlike the
judge it seems.
#Post#: 77794--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: andy_foster
Date: June 23, 2025, 2:54 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> [quote author=Southpaw82 link=topic=6278.msg77781#msg77781
date=1750702679]
> Have they appealed?
>
--- End Quote ---
See the relief judgement above - permission to appeal was
denied.
[/quote]
That does not answer the question.
#Post#: 77814--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: ivanleo
Date: June 23, 2025, 4:55 pm
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--- Quote from: stamfordman link ---
>
> Did you go?
>
--- End Quote ---
I'm not the one saying that the decision of a High Court judge
is nonsense, what I do know is that the judge is in a better
position to make a decision than you are because presumably he
did go to the hearing and he had the benefit of hearing full
arguments.
#Post#: 77913--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: stamfordman
Date: June 24, 2025, 8:43 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=stamfordman link=topic=6278.msg77777#msg77777
date=1750700180]
> Did you go?
>
--- End Quote ---
I'm not the one saying that the decision of a High Court judge
is nonsense, what I do know is that the judge is in a better
position to make a decision than you are because presumably he
did go to the hearing and he had the benefit of hearing full
arguments.
[/quote]
The judge didn't find much wrong with Lambeth's process and
found only that a presentation by a lobby group - not from the
statutory consultation - should have been considered and said
this lobby material was 'impressive' and 'highly relevant' - how
did he determine this? It's mostly the same old evidence-free
junk the pro-rat run folk always say about low traffic schemes
and the lobbyists have made little effort themselves to stand up
their material.
There are several commentaries worth noting in the links below.
If this judgment holds, (and one respected firm of solicitors
has already cast doubt on this - see here), there are
significant implications for those running consultations. It
might mean that – in addition to analysing the output data
emerging from a consultation, it might be necessary to monitor
what else may have been submitted to the potential
decision-makers around the same time … and ensure they have been
considered. Maybe let's call them 'peripheral submissions'. In
these days of extensive social media, this is potentially a huge
open-ended commitment, and I feel sure it would be limited in
some way or another.[/I]
HTML https://consultationguru.co.uk/new-page/posts/west-dulwich-action-v-lb-lambeth--disregarding-submissions-from-ltn-opponents
[i]A claimant alleging unfairness will need to establish that
something has gone clearly and radically wrong, and the courts
will be slow to reach such a conclusion.
The decision also provides a useful reminder for public
authorities (and in particular local authorities) who frequently
engage with interest groups on proposals of public interest.
Where an authority actively engages with interest groups, and
receives information from them on the proposals, it will likely
have to consider the information provided in its
decision-making.
However, we question whether the guidance in Stannard (quoted
above) should apply in every case to require decision-makers to
consider all written representations that “make a reasoned
case”.
For example, where an authority decides to run a targeted
consultation only, and only consults certain classes of people,
or people within a certain area, we do not think the Stannard
guidance would necessarily apply to require the authority to
consider representations made by people who were not captured by
the targeted consultation.
HTML https://www.sharpepritchard.co.uk/latest-news/lessons-learned-high-court-finds-failures-in-local-authoritys-public-consultation-responses/#_ftn6
#Post#: 77916--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: ivanleo
Date: June 24, 2025, 8:59 am
---------------------------------------------------------
[member=2249]stamfordman[/member] and yet unless and until this
is overturned by the Court of Appeal, that is the law of the
land, whether you like it or not.
I'm not aware of Lambeth having made an application to the Court
of Appeal.
#Post#: 77918--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: stamfordman
Date: June 24, 2025, 9:07 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [member=2249]stamfordman[/member] and yet unless and until
this is overturned by the Court of Appeal, that is the law of
the land, whether you like it or not.
>
> I'm not aware of Lambeth having made an application to the
Court of Appeal.
>
--- End Quote ---
The judge refused permission to appeal - does that mean they
can't?
And you know judges sometimes make bad decisions. This is one.
And - what exactly is the law of the land here?
#Post#: 77922--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: andy_foster
Date: June 24, 2025, 9:24 am
---------------------------------------------------------
An inappropriately targetted consultation would seem to be
equally problematic. In practice, failure to consider and
failure to consult are 2 sides of the same coin.
#Post#: 77941--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: Southpaw82
Date: June 24, 2025, 11:06 am
---------------------------------------------------------
I’ve had a look on the appeals tracker on Westlaw and it doesn’t
seem like Lambeth have applied to the CoA for permission to
appeal. If they haven’t then it’s difficult to see how Lambeth
will “see this off” as asserted.
#Post#: 77943--------------------------------------------------
Re: Lambeth LTN illegal
DIR By: stamfordman
Date: June 24, 2025, 11:17 am
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> I’ve had a look on the appeals tracker on Westlaw and it
doesn’t seem like Lambeth have applied to the CoA for permission
to appeal. If they haven’t then it’s difficult to see how
Lambeth will “see this off” as asserted.
>
--- End Quote ---
What does this mean in the relief/consequential matters order:
1) The Defendant applies for permission to appeal to the Court
of Appeal. The
Claimant resists the application, partly on procedural grounds
and partly on its
merits.
[snip]
13) For these reasons the Defendant’s application for permission
to appeal is
refused.
HTML https://drive.google.com/file/d/1Z0NktxPq-J41OXU1EwEt69Br6ioGPOB2/view
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