BDO granted leave for Supreme Court appeal

[BrahimHemdani 1]

"Whilst judges sitting in judgement on themselves appears strange to say the least" - BH

 

Happens Very often in lower courts as I tried to explain to BD above.

 

Yes I understand, but you would think that at the highest level there is more of a case for "leave to appeal" being heard by a different panel. Then you would have a jury of their peers so to speak ruling on whether or not an appeal should be allowed against their decision and then the Supreme Court making the ulitimate decision.

Edited March 8, 2016 by BrahimHemdani

[Scott7 5,242]

Same principle from bottom to top. Is there an arguable case in law? At Inner House level, is there a public interest question?

 

It's not like accounting where you add up the sums and always get the right answer. (Smiley face)

[RANGERRAB 3,304]

If BDO win this appeal does anyone think we'll get an apology from the pondlife who have been accusing us of cheating or financial doping over these past few years?

Would that be too much to ask ?

[ian1964 10,457]

No chance we will get any apology,we are cheats whatever the outcome!

[Bluedell 5,356]

I'm not so sure.

 

Whilst judges sitting in judgement on themselves appears strange to say the least it seems undeniable "that the appeal raises an arguable point of law of general public importance which ought to be considered by the Supreme Court", namely is the application of common sense more important than strict application of the law.

 

So I think the judges would look extremely foolish if they did not allow the appeal to be made in fact they might even welcome it as failure would provide justification for their decision and success would provide higher authority for future such cases.

 

Edit: posted the above before I read that leave to appeal had been granted.

 

That's not how judges think. They are very arrogant and do not like their decisions being reviewed, and which is why they are reluctant to give permission to allow appeals.

[Scott7 5,242]

That's not how judges think. They are very arrogant and do not like their decisions being reviewed, and which is why they are reluctant to give permission to allow appeals.

 

You're not a litigator, are you BD?

[boabie 230]

Yes I understand, but you would think that at the highest level there is more of a case for "leave to appeal" being heard by a different panel. Then you would have a jury of their peers so to speak ruling on whether or not an appeal should be allowed against their decision and then the Supreme Court making the ulitimate decision.

 

I think I'm correct in thinking that appeals went from a 3 man panel to a 5 man panel up to a 7 man panel if there were serious points of law to be debated. I dare say though that's all changed now because of the Supreme court thingy.

[Bluedell 5,356]

You're not a litigator, are you BD?

 

No mate, just someone who has recently had an appeal to the SC rejected.

[Scott7 5,242]

I was going to say something sympathetic but I don't want Sheriff Officers banging on my door with a contempt writ.

[SteveC 150]

If BDO win this appeal does anyone think we'll get an apology from the pondlife who have been accusing us of cheating or financial doping over these past few years?

Would that be too much to ask ?

 

oddly enough the answer to both is "no".