Biased an Discriminatory

[charitynjw]

Re: Biased an Discriminatory

Playing Devil's Advocate here, & from a LIP's point of view, it is extremely frustrating when, thinking you're doing the correct thing, you are treated in court with disdain by those with better knowledge.

The case has come to court; presumably the argument must have some merit.

It wouldn't have hurt just to gently point out where the flaws were, that sometimes taking a stand on perceived principle might be detrimental. (Ok, it's not the court's job, or that of the opposing side, to give assistance. But when you're gonna *win 56-0 without even trying, a little compassion, maybe, for someone who is bothering to at least try?)

*This in reference to knowledge of the subject; I am aware that in effect in this case the LIP 'won'.

[freewill]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

[pt2537]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

But my point which i think you are missing is, if you got the court to agree with you, what do you think will be the outcome?

Do you think it will be any different to the terms of the consent order offered?

If you do, then perhaps you can tell me what you think would be different?

Im having difficulties in understanding why you think this is a bitter pill?

[freewill]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

[jon1965]

Re: Biased an Discriminatory

For the life of me I can not see how rolling over is a bitter pill. The whole point of the consent order was, as far as I can see, that BWL were saying ok hands up we were wrong and we are putting everything right.

The nearest analogy I can think of is...if I were to plead guilty before a criminal trial, what would you say, as the judge, if the CPS wanted to ignore that and still have a trial by jury. At that point it would cost the crown a lot of money and who knows, I may even be found not guilty

[pt2537]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

So then please correct me if im wrong, but the thrust of the case is to prove your are right, ie, you want to win and prove BW have no case.

On BW Legals part, they offered a consent order, ie they accepted no case, no contest, as that is what a consent order is largely used for, to bring proceedings to a close. And you rejected this?

In answering your question, yes you should have accepted this offer. You rejected it, so now you may find the offer is no longer open to be accepted.

I would suggest that you speak to BW Legal and rather than the im right chest puffed out approach, you take a sensible approach to this and resolve the matter to a suitable conclusion which does not involve your relative being made bankrupt.

That is the best advice i can give you. It will mean you win, which is what you seem to want, and while you wont have your day in court to brag about, your relative will get the right result for them.

In the last 3 years i have settled well over 100 cases, many of which the clients wanted their day in court to prove their case, but ALL of which saw the bigger picture that avioding Court and still winning is the right thing to do.

Ask any lawyer what they would advise when faced with your choices, and i dont think one will tell you to take the day in court and reject the order offered.

[charitynjw]

Re: Biased an Discriminatory

Wearing my 'sensible' hat, I would definitely avoid court, especially if the other side capitulated.

But then there's that little voice that says that 'Rocky' wouldn't have been quite as good a film if, just before the title fight, the opponent threw in the towel & he won on a technicality.

[freewill]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

[CYNthesys]

Re: Biased an Discriminatory

freewill, Re post 12 -you say you applied to become Litigation Friend and previous judges accepted this, but were you actually appointed as Litigation Friend

[pt2537]

Re: Biased an Discriminatory

freewill, Re post 12 -you say you applied to become Litigation Friend and previous judges accepted this, but were you actually appointed as Litigation Friend

Indeed not a point that is entirely clear.

It seemed to me that the person was not appointed by the Court and thus would effectivley have the same rights as a McKenzie friend

[freewill]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;:tinysmile_grin_t:

[freewill]

Re: Biased an Discriminatory

I guess it is my naive sense of justice, I thought as I had proved BWL had no case, their consent should have been irrelevant, and I must stress I did nothing to make the judge mad he was like that when I entered the court room before I said a word, maybe his wife had given him some grief or he had a car accident who knows I don’t, there has been no answer from the court as yet. I am very much mindful of my relative in this, the last thing I would want to do is something that would cause her stress.
So the majority of you think I should roll over and accept, a bitter pill;

[Celestine]

Re: Biased an Discriminatory

Why do you keep copying and pasting the same post repeatedly?

Are you ok?

[freewill]

Re: Biased an Discriminatory

I Apologise I am not proficient this is my first time on one of these forums I kept posting because I could see the post in the thread, So Sorry

[enquirer]

Re: Biased an Discriminatory

It seems to me the Court didnt approve this person as a litigation friend, are we all agreed on that?

I had sent in a form to the Court to the effect that I would be acting as a ligigtant friend ...

It would seem that a form of some description was submitted. Whether or not it drew a favourable response (or indeed any response at all), we do not know.