Tom Loughridge
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Posts: 275
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Joined: Oct 2005
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RE: Legal action against S 100 club
I take no sides on this issue, just as I would take no issue with a rider sueing their sponsor of machine or compoments manufacturer from hundreds of thousands in the event of a mechanical or component failure.
However case law rules in the judicial system and may or may not apply in Manx law, that may or may not apply, but may apply stricktly under EU law which would definitely be applicable in this case because the IOM is a member state.
Over 60 years ago long before everyone claimed for everything and no win no fee was ever heard of there was a ruling by Lord Denning Master of the Rolls reckoned by most to be one of if not the cleverest and fairest legal brains in history.
Only cases that had gone through the entire legal system unresolved are ruled on by the Master of the Rolls whose rulings on case law are then set in stone.
Halsey V Esso Oil 1956.
Denning began his final ruling which runs to 40 A4 pages in tiny print.
In the Case of Henry Halsey aged 82 0f 28 Windham Street, Fulham in the County of London a poor man of limted means and education and a retired Thames riverman, it matters not in the eyes of the law if the man be a Serf or a Lord with many Castles and Lands both are equal in the eyes of the Assizes and if any man comes to harm, inconvenience or discomfort for whatever reason or no matter howsoever caused the one responsible shall be liable to the other for recompense. Esso lost and it cost them in excess of over £1M even in those days, Halsey had not made his complaint to make money neither did he accept any he only waned to be put were he was in the begginning.
I cannot post the full judgement but this case law is used by the best silks to obtain a judgment that no Court can oppose and no defence will contest unless they want to rack up big fees knowing they will lose.
I think Larry wil agree with me that this is why so many cases get setttled quietly on th side even if their may be a reasonable argument but both sides will be well aware of the final resullt before they start and may well agree to argue it out until they both jave earned sufficient wages. Indeed the silk who holds the Ace may well agree to withold playing it the defendants defence Counsel until both sides have racked up the earnings or one or the other decides he's due for a round of golf or wants to see his ladyfriend to spend the fees.
This ruling by Denning had absolutely nothing to do with motorsport and hundreds of other unrelated cases it was a case relating to noise causing discomfort but is used widely to get a positive result no matter how the Claimant is affected, that ruling is a facinating and compelling read and an all powerful tool but probably not available outside of a counsels chambers library or a Court libraries cant let the plebs know these thinks can we or else they wont need us so not fat wages.
The fact is that the law is very simple it is only the Advocates, Lawyers, Briefs and Silks who like to make it complicated to become seriously rich, rights, wrongs or morals don't come into he frme only money for the legal eagles.
Where theres blame theres a claim, never a truer word spoken.
When the flag drops the bullcrap stops
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08-08-2008, 09:11 PM |
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