New Portobello High School - PPAG Judicial Review

[Porty]

ON QC FEE CAPPING-RE SCOOPS POST

It is certainly possible. Earlier, years ago, there was a discussion about capping. I can't recall who the contributors were but there was talk of a QC code of conduct. Something to do with QC's having to charge at least a minimum fee in order to keep proceedings equitable. I may be talking pants.

Why don't you ask some of the legal bods at work?

The cost of their own QC and legal team may be capped but there's no such limit on the Council's costs> And I understand there's some fairly high level lobbying going on to ensure the council will pursue. As is the norm in civil cases.

[Scoop]

[Porty]

Is been fun- night, night.
And a special goodnight to you seashell, you truly are the Mike Yarwood of internet bulletin boards. Hope the kids are all tucked up in bed and ready for the 5 mile hike to school in the morning. may Bob be with you.

[Scoop]

[seanie]

[Porty]

Legal bods was a feeble joke.
I wouldn't be surprised if theres behind the scenes discussions going on, about costs and other matters. Given the council have already coughed up to get the answer Id expect them to hardball. Maybe im just a slightly younger cynic than you.

[Scoop]

[Epykat]

[Porty]

Not trial- scrutiny .

[Puerto bella]

We're so lucky to have such Advocacy expertise in our community

[rmolehusband]

[seashell]

[seashell]

[Porty]

[Scoop]

[Scoop]

[Scoop]

[seashell]

[seashell]

[Scoop]

[Scoop]

[seanie]

Back to the topic? Maybe?

[Puerto bella]

Just a point of clarification: 'counsel' is both singular and plural

[161617]

What do you call multiple 'counsel'?

[Epykat]

[Puerto bella]

Same. You could call their Stable to confirm.

[seanie]

[Porty]

[seanie]

I think it was raised along with a couple of more recent ones. My understanding is the Scottish Courts have traditionally been reluctant to strike out cases on the basis of delay, but Scotland's ended up out of step with other jurisdictions where time-limits are fairly well defined. In the last couple of years there have been a few cases where the courts have used the Common law principle if Mora in judicial reviews and dismissed proceedings.

[Betty Windsor]

Anyone would think reading these posts that you were not interested in justice being seen to be done. I can only assume this is because you know PPAG have a strong case and you're worried. I would have thought it was in everyone's interests to ensure that councils follow the correct procedures when appropriating land. We do still live in a democracy right?
I find the arguements for building on the park very confusing and try as I might I just can't get my head round the fact that people who claim to be pro environmentalists would rather a poor neighbourhood sacrifise their only "green lung" so that their children don't have to put up with the inconvenience of a decant. There is no way of knowing for sure what the majority believe without consulting them individually, but I know the majority of people I speak (with no children set to go to PHS) with would prefer the school to be built on the existing site and for the park to be saved.
Incidently, walked past Brighton Park today-not a soul!

[Makaveli]

I would reply to the above were it not so tragically sad (and been explained to you numerous times before).

[seanie]

I don't think it's in the public interest for people to be allowed to delay for years before bringing a legal action. There's been an extensive process of evaluation, consultation and design, including a lengthy pre-planning consultation and a planning process during which more local people supported the proposals than objected, culminating in a democratic decision reached by elected Cllrs.

A tiny minority are now trying to frustrate that, with a legal challenge they could've brought three years ago.

[seanie]

And as I've said to you before...

Portobello High School is the school in the most urgent need of replacement in Edinburgh, and that has been and is a very real problem. Building on part of the park, whilst not ideal, can deliver better facilities, more cost effectively, at less cost and with less disruption to pupils than any of the limited alternatives available. The golf course stays, the mature trees remain, there will still be public green space, made more accessible by an improved path network, and publicly accessible all-weather pitches will be a big improvement on the poor quality, and little used, grass pitches that are currently there, and there will also be in excess of £150,000 of improvements to Magdalene Glen. Couple that with the benefits of a new school, finally established on a site big enough to meet its curriculum needs, and it shouldn't really be too surprising why so many local people are in favour.

[Scoop]

Here's a question, and it probably has been answered before, but indulge me please. These all weather, publically accessible pitches, how will they be managed?

[seanie]

Some sort of turnstile/catflap to allow free public access outside of formal lets.