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Post by Allan on Apr 4, 2021 14:53:21 GMT
Do you have any connection with the anonymous "boat dwellers" or the unspecified "other support organisations" who are, apparently, involved with the Protect boats that are people's homes! appeal for funding on the CrowdJustice website ? If not, perhaps S.Jenkin, or J.Evans, or W.Mitty, or A.Esterby, or S.Jay, or E.M.Bezzler, or even Jenlyn himself, whoever he is, could help with identifying them ? I would gladly contribute to any fund raising appeal that will go towards paying for appropriate and effective legal action intended to compel C&RT to cease abusing and misusing the statutory powers inherited from the BWB, . . but I'd want to know who, and what, I'll be contributing to ! NABO confirmed its support two days ago on April 2nd. There is no record of any other of the big boys (IWA, AWCC, RBOA) supporting the initiative. Personally, I would be very surprised if they do.
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Post by Deleted on Apr 4, 2021 20:08:19 GMT
'bedruthan' has been accused before of making things up. It's funny how much stays on the Internet forever and ever. A search for 'Steve Jay Jenlyn' throws this up: "Why would I have to own up 'in the end' - if Steve Jay takes me to court for calling him a liar (which is what he his) of course then I would delight in taking things all the way and proving him wrong 'in the end' but the gutless shit bag hasn't got the balls to sue me because he knows he would lose. He's a bare faced liar." ... and a very tired liar at the moment it seems. "Many of the articles are by someone well known to narrowboatworld readers, Allan Richards. Now Allan was our political editor for a while until his articles became little more than a medium for discrediting Canal & River Trust. But from being fairly sensible we discovered they were becoming more and more anti Canal & River Trust, and we were shown that they were often incorrect, so with readers complaining of his endless carping, eventually we refused to publish, at which he seemingly took umbrage and teamed up with like-minded Peter Underwood." I AM relieved that Allan Richards is no longer one of your columnists, writes Alan N Estherby. I am sure I was not alone in finding his constant attacks on CaRT and general air of negativity unacceptable, and I suspected much of what he had to say was biased and inaccurate; it is interesting that Victor's recent piece confirmed this. Freedom of Information Act One thing I find particularly objectionable: Richards' use (actually, abuse would be a better term) of the Freedom of Information Act. A quick search on Google reveals 13 FOI requests from Richards in December 2016 alone, and well over one 100 in total. Most of these are directed at CaRT. The cost to a public body of complying with these FOI requests is considerable, and I believe the money would be better spent as intended, that is on the waterways. Vexatious Litigant Richards seems to be making a career out of being a thorn in the side of public bodies, especially CaRT and it makes me wonder if the legal concept of a "Vexatious Litigant" could be applied to someone like Richards in order to stop him wasting public money in this way.
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Post by TonyDunkley on Apr 4, 2021 23:28:26 GMT
Do you have any connection with the anonymous "boat dwellers" or the unspecified "other support organisations" who are, apparently, involved with the Protect boats that are people's homes! appeal for funding on the CrowdJustice website ? If not, perhaps S.Jenkin, or J.Evans, or W.Mitty, or A.Esterby, or S.Jay, or E.M.Bezzler, or even Jenlyn himself, whoever he is, could help with identifying them ? I would gladly contribute to any fund raising appeal that will go towards paying for appropriate and effective legal action intended to compel C&RT to cease abusing and misusing the statutory powers inherited from the BWB, . . but I'd want to know who, and what, I'll be contributing to ! *yawn* The explanatory paragraphs on the Protect boats that are people's homes! fund raising appeal page on the crowdjustice website state : - "We have instructed Solicitors Community Law Partnership, who have considerable experience defending boat dwellers against threats to remove their homes and challenging unlawful action by navigation authorities. The solicitor and the barrister are working on this for a much lower fee than they would normally charge."The use of the words 'have' and 'are' in those two sentences implies that research time has already been expended by the 'instructed' lawyers. Do you, whoever you are, know if whatever research time has already been expended has been with a view to dealing with and arguing each of the proposed changes to the Licence T&C's as a separate issue, probably on a basis of contract law and Human Rights ? Or, is the alternative argument against the C&RT's ridiculous and erroneous claim to have powers to make and enforce, as it sees fit, any Licence terms and conditions over and above those already set down in the relevant statutes under S.43 of the Transport Act 1962 being explored as a more effective and less time consuming approach ?
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Post by Allan on Apr 5, 2021 0:16:24 GMT
That is a very fair point, Tony.
It is the difference between challenging changes to current terms and conditions and challenging CRT's power to impose terms and conditions.
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Post by TonyDunkley on Apr 5, 2021 13:47:27 GMT
That is a very fair point, Tony. It is the difference between challenging changes to current terms and conditions and challenging CRT's power to impose terms and conditions. It appears to me that the intention IS to challenge, presumably by way of Judicial Revue, C&RT's authority to change the Licence T&C's rather than challenging the overall legality of any and all of C&RT's existing extra-statutory, and therefore ultra vires, Licence T&C's. Information published on the NBTA website on 2 April 2021 says :- "The NBTA has joined with other concerned people and groups and is crowdfunding to start the process of a legal challenge to Canal & River Trust’s (CRT) proposals to change the Boat Licence Terms and Conditions. The changes CRT wants to make will have a far-reaching and adverse effect on all boaters, and especially those who depend on the waterways for their home."
I think that this "coalition of boat dwellers, the National Bargee Travellers Association and other support organisations" has instructed their Solicitors, Community Law Partnership, to take aim at the wrong target !
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Post by Deleted on Apr 5, 2021 14:08:59 GMT
Over the hills and far away, Teletubbies come to play .... Time for teletubbies, time for teletubbies, time for teletubbies.... Wunkly Dunkly Wrinkly Richards Teletubbies. "Teletubbies!" Say, Heeeeee-lo! "Eh-oh!" Wunkly dunkly, wrinkly richards Teletubbies. "Teletubbies!" Say Heeeeeee ......... "Uh-oh!" "Where have the teletubbies gone ? Where have the teletubbies gone?"
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Post by Allan on Apr 5, 2021 14:59:08 GMT
That is a very fair point, Tony. It is the difference between challenging changes to current terms and conditions and challenging CRT's power to impose terms and conditions. It appears to me that the intention IS to challenge, presumably by way of Judicial Revue, C&RT's authority to change the Licence T&C's rather than challenging the overall legality of any and all of C&RT's existing extra-statutory, and therefore ultra vires, Licence T&C's. Information published on the NBTA website on 2 April 2021 says :- The NBTA has joined with other concerned people and groups and is crowdfunding to start the process of a legal challenge to Canal & River Trust’s (CRT) proposals to change the Boat Licence Terms and Conditions. The changes CRT wants to make will have a far-reaching and adverse effect on all boaters, and especially those who depend on the waterways for their home.
I think that this "coalition of boat dwellers, the National Bargee Travellers Association and other support organisations" has instructed their Solicitors, Community Law Partnership, to take aim at the wrong target ! Yes, I read that too Tony. The current CRT proposals are the usual mixture of changes and additions. I remain unconvinced that that these can be challenged without challenging the whole concept of CRT's powers to impose Terms & Conditions. Thinking about the wording, I suspect that NBTA do not wish to alienate those who are ok with the current T's & C's but are concerned the new changes will disadvantage them. Cost might also be a factor. Legal advice on changes might be considerably cheaper than taking advice on current T's & C's and proposals.
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Post by Deleted on Apr 5, 2021 15:10:42 GMT
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Post by Jim on Apr 5, 2021 16:36:46 GMT
Thus spake Po, the well known receptacle.
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Post by Deleted on Apr 5, 2021 16:39:38 GMT
Thus spake Po, the well known receptacle. Actually I’ve not added foxy yet, maybe later.
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Post by Jim on Apr 5, 2021 16:54:15 GMT
Thus spake Po, the well known receptacle. Actually I’ve not added foxy yet, maybe later. Well he is permanently in Lala-pland
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Post by Deleted on Apr 11, 2021 21:31:58 GMT
Update: Thanks to all of our backers for your fantastic response. You can help us reach the target by continuing to share the campaign on social media, by email or in a blog. Our lawyers have started work and we should have more to report in a week or so. We are very grateful indeed for your support. Thank you! www.crowdjustice.com/case/protect-boats-homes/
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Post by TonyDunkley on Apr 12, 2021 7:32:27 GMT
Update: Thanks to all of our backers for your fantastic response. You can help us reach the target by continuing to share the campaign on social media, by email or in a blog. Our lawyers have started work and we should have more to report in a week or so. We are very grateful indeed for your support. Thank you! www.crowdjustice.com/case/protect-boats-homes/The motives behind bedruthan's (aka. S.Jenkin, J.Evans, S.Jay, A.Esterby etc. etc.) enthusiastic 'plugging' of this fund raising by this ill-defined "coalition of boat dwellers, the National Bargee Travellers Association and other support organisations" are unclear. Something that IS abundantly clear, however, is that in spite of previous warnings from the Courts of the fatal pitfalls in Judicial Review arguments made from the standpoint of what the C&RT might do at some future time, the money raised from this current crowdjustice fund raiser is going to pay for yet another Community Law Partnership inspired factual context free JR grounded in speculation as to what supposedly new levels of 'unreasonableness' C&RT might indulge in once the proposed changes to its already ultra vires boat Licence T&C's come into effect. During the course of conducting Judicial Review on the legality of C&RT's 'cruising guidance' for boats without a home mooring - discontinued on 19 February 2014 - Lewis J stated : ”During the course of argument I raised a problem that is that the Courts are reminded of the undesirability of deciding an issue absent a proper factual context… the Court has warned against abstract actions and needs a proper factual matrix to assess cases… ".Where, and what, is the point of another journey down a road that the Courts have already indicated will go nowhere, or of wasting raised funds in paying the Community Law Partnership to map out that journey, when a "factual matrix" of precisely the sort that Mr Justice Lewis lamented the absence of back in 2014 - AND one which makes out an almost unarguable case against the C&RT's ridiculous reliance on S.43 of the 1962 Transport Act for the authority and powers to impose ANY or ALL of the existing or future Licence T&C's, and ANYTHING else that the warped directing minds at C&RT might dream up in the future - was exhaustively researched post the discontinued 2014 JR and published by Nigel Moore in July 2016 ?
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Post by Deleted on Apr 12, 2021 8:24:38 GMT
Pot kettle..
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Post by TonyDunkley on Apr 12, 2021 8:32:48 GMT
Plain English, . . struggling with ?
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