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Ordsall Chord

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Old Yard Dog

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I think the case was expected to take 10 hours so might not have finished today
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The Court of Appeal case tracker for cases 20153769 and 20153770 says "Case given a reserved judgment" and describes its current status as "Awaiting result of a reserved judgment".

Can somebody with more legal knowledge than me explain what this means and when we might hear the result?
 
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po8crg

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It means that the judge wants some time to think about it and to write a judgment rather than just announcing who has won on the spot.

That's usual practice for appeal courts where there are multiple judges, because they have to agree not just on who won, but on why.
 
duffield

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Old Yard Dog said:
I think the case was expected to take 10 hours so might not have finished today
--- old post above --- --- new post below ---
The Court of Appeal case tracker for cases 20153769 and 20153770 says "Case given a reserved judgment" and describes its current status as "Awaiting result of a reserved judgment".

Can somebody with more legal knowledge than me explain what this means and when we might hear the result?
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My legal knowledge is fairly limited but essentially it means the judge is going to consider the evidence and the relevant law further and deliver his judgement at a later date. I.e. The hearing of evidence and arguments is complete for now, the judge just needs more time to consider them.
The time involved could be from a few days to a few weeks (presumably depending on the complexity of the case and what other workload the judge has).
 
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GRALISTAIR

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duffield said:
My legal knowledge is fairly limited but essentially it means the judge is going to consider the evidence and the relevant law further and deliver his judgement at a later date. I.e. The hearing of evidence and arguments is complete for now, the judge just needs more time to consider them.
The time involved could be from a few days to a few weeks (presumably depending on the complexity of the case and what other workload the judge has).
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OMG - this is just crazy. :(
 
Philip Phlopp

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Paul Sidorczuk said:
Could the latest appeal by Whitby have any rights in law that may affect the unrelated Middlewood Locks development?
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It's not about the route chosen or any other route proposed, the appeal is only about trying to argue that the Secretary of State for Transport made an error when he made his decision to allow the Ordsall Chord to proceed. The appeal will have discussed the minutiae surrounding the legislation and why any error did or didn't occur, whether the minister overstepped his authority etc.

Middlewood Locks doesn't come into any of this, that needs to be chosen by Network Rail, promoted to the DfT, undergo the public enquiry and be the subject of a new TWA Order before it could be proceeded with, and at any stage, someone even more demented than Whitby could crawl out of the woodwork and put an end to his scheme through the same legal process.
 
duffield

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GRALISTAIR said:
OMG - this is just crazy. :(
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It's actually a good thing (reserving the judgement). By taking his time, the judge is trying to ensure that his decision is a legally watertight as possible and minimizes the chance of yet further appeals. And from my experience of reading about various legal cases over the years I would think the decision will probably come in days rather than weeks (unless the judge has just gone off on a long Easter break or something!)
 
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anorack 1

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There's a rumour that Whitby's appeal has been dismissed according to WNXX Interactive what ever that is.
 
zuriblue

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NR have welcomed the decision

http://www.networkrailmediacentre.co.uk/news/ordsall-chord-legal-challenge-dismissed

Network Rail today welcomed the Court of Appeal’s decision to dismiss a legal challenge to the process by which permission was granted for a much-needed railway improvement in central Manchester.
The Ordsall Chord is part of a vast programme of improvements across the north of England included in Network Rail’s Railway Upgrade Plan.

By linking Manchester’s three main railway stations - Piccadilly, Victoria and Oxford Road - the Ordsall Chord will improve capacity. As part of the wider work in the north, it will help support the delivery of faster, more frequent services between towns and cities across the region.
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anorack 1

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Great news, hopefully Whitby will now give up his pointless campaign trying to stop the Chord. Or is that wishful thinking.
 
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Darren R

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Hands up all those who believe that Mr Whitby is going to accept the decision with aplomb and gracefully retire from the battle. A fiver says that it's not over yet.
 
DaveNewcastle

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Philip Phlopp said:
Legal people - quick question.

I'm looking for the judgement, is https://www.judiciary.gov.uk/judgments/ the right place to look ? It won't come up on Westlaw or Bailii any quicker, will it ?
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I was in the Royal Courts of Justice today and asked about this one (it was in Court 68, listed as two separate applications, and the hearing had finished by 11am). It was listed in the Queens Bench Division so I asked in their office about 4pm and the Decision hadn't yet been published. As staff were leaving for the day by that time, and there's only one QB matter on tomorrow, I guess it might not be released until after the Easter break now. Even when a Decision is released as a written Judgement, it is normally released as a draft first, for the parties to check for typos and small details before the authoritative version is published. That takes a little time.
Then, it often takes a little more time for cases to appear on Bailli, but unless anyone involved can release details of their draft copy, then we'll probably have to wait.
 
LNW-GW Joint

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At what point to Network Rail reach the stage of needing to invade the disputed infrastructure?
Big cranes are in place on both sides of the Irwell to change the landscape this weekend, but maybe not in the heritage area.
 
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PR1Berske

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Wonderful to hear the news about the Chord. Progress in the right direction. I just hope Whitby now takes the defeat with good grace and allows the project to be completed.
 
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