New Portobello High School - PPAG Judicial Review

[Lashylass]

They certainly did.

[seanie]

Arguments concluded so now in the hands of the judge.

[Jamesie]

[Jamesie]

[Porty]

Presumably the judge could refer it to the inner house directly?

[Jamesie]

[Porty]

Sorry- I meant if she didnt feel entirely certain making a decision, could she "refer" it to the higher court?

[Porty]

I dont believe theres much chance of that outcome. Im just curious.

[Porty]

Roy Martin QC made the point that had it been 1994, the Council would have had to dispose of the common good land to Lothian Region, who were responsible for education at that time. I was really impressed with him but unsure where he was going with that one?

[Scoop]

[Porty]

Freightliners weren't "invented" til the 1950's or 60's. So the idea the Council appropriated or confiscated land in order to build a Freightliners depot some 70 years earlier is bonkers. There was no appropriation or confiscation.

[seanie]

Confiscate generally means taking somebody elses property, whereas appropriation is a specific legal term for changing the use of something. The appropriation of part of Portobello Park for a school would involve an appropriation, but no change in ownership so no, they don't mean the same thing.

[Betty Windsor]

[Betty Windsor]

I'm not sure if I understand why PHS headmistress felt she had to attend proceedings. You would think she would have enough to do running that big school. Was this really an effective use of her time?

[Makaveli]

I would have thought that was the best place for her to be.

[Porty]

[Epykat]

So Seanie..........why the delay? Could you now explain please.

[seanie]

Explain what exactly?

[Epykat]

[seanie]

Well you'd have to ask PPAG but I think so, yes. The judge asked specifically what decision or act was being challenged and Roy Martin responded that they weren't challenging a specific decision or act, but rather were seeking a declarator on a point a legal principle; that the Council cannot, under any circumstances, appropriate inalienable Common Good land.

Since they're not challenging an act or decision they didn't have to wait fir a particular act or decision. They could've brought a challenge as soon as it was clear that the Council intended to do just that. That's certainly no later than December 2008.

That's not to say they don't think they have a valid case, simply that they chose to bring that case at a time that would cause maximum disruption and delay.

[Epykat]

Thanks for that. I was pretty sure that's what you would have heard.

[seanie]

[Epykat]

[seanie]

So you asked for my explanation for the delay, but you were in no way asking for my opinion on why the delay had happened?

How does that work?

[Epykat]

[seanie]

[Bob Jefferson]

So, out of interest, what was your interpretation Epykat of Roy Martin's explanation for the delay?

[rmolehusband]

[Porty]

[Porty]

[Porty]

The "Hungry Joe" impersonations during the Council's QC's speech were mystifying.

[Puerto bella]

[Porty]

Hungry Joe was a pilot based in Pianosa during WW2.

Where do you all go when asked a question? You seem to disappear for days on end.

[rmolehusband]

[Porty]

When Hungry Joe wasn't required to fly perilous missions, he had screaming nightmares. He was at peace only when his life was most threatened. His state of mind was inverse to his predicament.

Our Counsel skillfully dissected the PPAG petition, throttling the life out of their case. Some PPAGERS seemed to find that a source of mirth, vacuous smiles and inane, silent laughter.