Indigo Cardiff Nurses Case: Permission to Appeal Refused

Softwaremad_2

we were banking on the £3k promised by the sun to buy the complete transcript so that we could go at them more - The Sun have not paid - fob off all the time - and where to we go to get the truth out when the justice system does not want to know?

bargepole

Marktheshark wrote: »

They can try the European Court if they are refused access to justice.

How were they refused access to justice? They were able to argue the defence case over the three days, and while we may not agree with the DJ's rulings, both sides had equal opportunities to state their position.

There were no issues of EU Law raised by this case, and there would be no basis upon which a referral could be made to the European Court of Justice.

Umkomaas

Have you tried to canvass Jacob Rees Mogg who has such a great handle on the private parking scam, and how about Sir Greg Knight who is sponsoring the Private Members Bill to get this out of control sector on a leash?

I’m sure as staunch Conservatives they might really welcome an opportunity to have a ‘pop’ at the Welsh Labour Government and its leader, Carwyn Jones, who seems to have poked around too much on this from the wrong end - shouldn’t he be foremost in supporting the workers of Wales, not a French company sucking his fellow countrymen and women dry? Where has his ‘Land of my Fathers, ar hyd y nos’ gone?

bargepole

Marktheshark wrote: »

If these lies could be proven as such then surely there is perjury to be reported and the case collapses under its own weight.

That ship has already sailed, unfortunately.

Loadsofchildren123

was this a paper decision? If so R52.4(2) says you can request an oral hearing to argue the case -
(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.
Must be done within 7 days.

bargepole

Loadsofchildren123 wrote: »

was this a paper decision? If so R52.4(2) says you can request an oral hearing to argue the case -
(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.
Must be done within 7 days.

Yes, it was a notice sent to the defendants, and it does say they can apply for an oral hearing within 7 days.

But the way the refusal notice is worded, basically suggesting that the defendants were misguided and wasting their time even contesting the case, means there is no appetite to prolong this any further.

The_Deep

Perhaps a threat of industrial action/resignations might bring the Trust to see common sense. I am sure that if an ED or maternity wing had to close they would soon do the right thing.

It has been said often the law is an !!!,* this imo once again prove it.



* Apparently the nanny filter takes exception to the common name for subgenus asinus, .

Loadsofchildren123

What advice were they given about the appeal? I had thought that they were in touch with a barrister, he must have advised on the prospects of success?

Loadsofchildren123

Sorry, of course you can't share the advice on a public forum, just saying that they need to consider the bigger picture.

bargepole

Loadsofchildren123 wrote: »

Sorry, of course you can't share the advice on a public forum, just saying that they need to consider the bigger picture.

The problem here was, that a barrister was identified, but he wouldn't give any advice until he had seen the transcript.

But there was no chance of getting that within the 21 day window for an appeal to be lodged, because the original Judge had gone off on holiday, so an application for permission was filed, based on the notes taken when Judgment was handed down.

The Circuit Judge then asked for the transcripts, which were eventually obtained, and has now refused leave to appeal, saying that the DJ was entitled to make the findings that she made.