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Ordsall Chord

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work-traveller

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SodTheDrummer said:
Surely the best option would be for the irritating little man to go away and let NR get on with building a vital piece of infrastructure. And then name the viaduct 'Whitby viaduct' or something...? :D
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Don't worry - NR is getting on with building it now. The scheme has been approved, Whitby has lost his application to the High Court and been refused leave to appeal against the decision of the court. The important point is that Whitby's current appeal is against the decision to refuse leave to appeal, not the case for Ordsall Chord itself.

So, from a Sponsor point of view, the position today is that the scheme is approved. End of.
 
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snowball

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work-traveller said:
Don't worry - NR is getting on with building it now.
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According to the current issue of Modern Railways, NR is so far taking care to avoid any destruction of the structures which Whitby seeks to preserve.

The important point is that Whitby's current appeal is against the decision to refuse leave to appeal
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As I have pointed out several times in recent pages of the thread, this is NOT TRUE. A decision in January reversed the original refusal of permission to appeal. The case coming up later this month is Whitby's substantive appeal. If it goes in his favour, there will be major further delays while the legal system decides whether the scheme can continue.
 
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HowardGWR

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snowball said:
Merely repeating it without use of bold type had proved insufficient to get people to notice it.
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That's probably because we don't all start on a thread and read it from beginning to end in order to ensure we have missed nothing. FACT!:D
 
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snail

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HowardGWR said:
That's probably because we don't all start on a thread and read it from beginning to end in order to ensure we have missed nothing. FACT!:D
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Except it's referred to on the previous page, just 7 posts before. Sigh. :roll:
 
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wadia13

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When Justice Lang ruled in favour of the project last October, I don't remember anyone pointing out that Whitby had further legal recourse. My question is regardless of which party wins the next ruling due on 21 Mar, does the losing party have further legal recourse? What a mess, we can't even agree on (or some of us don't know) what is being ruled on by the court of appeal.
 
Philip Phlopp

Philip Phlopp

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wadia13 said:
When Justice Lang ruled in favour of the project last October, I don't remember anyone pointing out that Whitby had further legal recourse. My question is regardless of which party wins the next ruling due on 21 Mar, does the losing party have further legal recourse? What a mess, we can't even agree on (or some of us don't know) what is being ruled on by the court of appeal.
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Whitby was denied permission to appeal Justice Lang's decision, he appealed against this part of the judgement successfully in January.

He's now appealing against the Ordsall Chord related part of the judgement passed by Justice Lang, rather than just the small part concerning his right to appeal.

http://www.railforums.co.uk/showpost.php?p=2492327&postcount=1284
 
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snowball

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wadia13 said:
When Justice Lang ruled in favour of the project last October, I don't remember anyone pointing out that Whitby had further legal recourse.
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When you are denied permission to appeal you can still apply for permission to appeal, and he did, and in his case he succeeded. If he had failed I think that would have been the end of the road.

My question is regardless of which party wins the next ruling due on 21 Mar, does the losing party have further legal recourse? What a mess, we can't even agree on (or some of us don't know) what is being ruled on by the court of appeal.
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I think there's a possibility of the losing side appealing to the Supreme Court (known until a few years ago as the House of Lords).
 
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TheKnightWho

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snowball said:
I think there's a possibility of the losing side appealing to the Supreme Court (known until a few years ago as the House of Lords).
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Pedant here: the Supreme Court is not the same as the House of Lords with a different name - it was set up to be the highest court instead of them being seen by the HoL, where cases could drag on for years.
 
kevconnor

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TheKnightWho said:
Pedant here: the Supreme Court is not the same as the House of Lords with a different name - it was set up to be the highest court instead of them being seen by the HoL, where cases could drag on for years.
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Let's all just be glad there are no EU directives on the preservation of historical buildings which Mr Whitby my use to escalate his cause to the ECJ.

I daresay Mr Whitby might, as we speak attempting to breed a colony of great crested newts within the eaves of Stevenson's bridge structure.
 
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keith1879

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snowball said:
According to the current issue of Modern Railways, NR is so far taking care to avoid any destruction of the structures which Whitby seeks to preserve.


As I have pointed out several times in recent pages of the thread, this is NOT TRUE. A decision in January reversed the original refusal of permission to appeal. The case coming up later this month is Whitby's substantive appeal. If it goes in his favour, there will be major further delays while the legal system decides whether the scheme can continue.
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I was reading the exact opposite in a magazine today - ie that this appeal was to decide if he could appeal. I was briefly puzzled ....but then I realised it was Rail magazine.
 
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edwin_m

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May just have been a bit out of date? From what I can tell he appealed against the ruling denying him right to appeal, this was upheld, thus permitting his current appeal against the actual decision.

All very appealing. Or not.
 
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keith1879

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edwin_m said:
May just have been a bit out of date? From what I can tell he appealed against the ruling denying him right to appeal, this was upheld, thus permitting his current appeal against the actual decision.

All very appealing. Or not.
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Not too appealing I should say. It is the current edition of the magazine - but as i say it is "Rail" - and although it has grown up somewhat over the years I still don't see it as being especially authoritative. Anyway - less than a week to the appeal now ....but somehow i have a sinking feeling that even if Mr Whitby loses we still haven't heard the last of him.
 
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Corporal Jones

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Out of curiosity, is there anyone or any organisation which stands to gain in any way if the project were to be abandoned?
 
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Disorientxpres

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It might be an excuse along with the previous Bishopsgate Goodsyard case to push through changes to the Transport and Works Act that allow the authorities to rid roughshod over opposition.
 
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anorack 1

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I have been reading the post December 2017 TPE services, between Manchester, Huddersfield and Leeds. Many of these services will use the Chord, along with Trains from the Calder Valley route. The prospect of Whitby delaying the Project even further, will cause many tons of manure to hit the fan.
 
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WatcherZero

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Corporal Jones said:
Out of curiosity, is there anyone or any organisation which stands to gain in any way if the project were to be abandoned?
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He did the rival design for Network Rail, so he would benefit in prestige if it was changed to his design.

It is a one man show though, there aren't any protest groups or other opponents to it.
 
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nidave

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WatcherZero said:
He did the rival design for Network Rail, so he would benefit in prestige if it was changed to his design.

It is a one man show though, there aren't any protest groups or other opponents to it.
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Would they pick his design, from what I have been reading on here its not a good design. Plus will he ever be asked to do any work for any similar organisation again... ever :)
 
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Darren R

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Corporal Jones said:
Out of curiosity, is there anyone or any organisation which stands to gain in any way if the project were to be abandoned?
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Well the legal profession is doing rather well out of the continued objections, but other than that if the plans were to be dropped (which I don't see happening, by the way) it's a lose-lose situation for everyone.

Including, I suspect, Mr Whitby. (So - every cloud... :lol:)
 
Senex

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snowball said:
It might however be the best achievable if the official design were to be ruled out?
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But would anything actually get built if Whitby won? Surely the risk is that the opportunity would be lost (for the second time).
 
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