The cost of apealing.

jerryRTD

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The recent ruling in the courts against the government over the fee to appeal to an industrial tribunal triggered some thing in my mind. I seem to remember that there was a fee to appeal judge's ruling to archery GB and it was a large one to stop 'spurious appeals'. Is that fee now illegal as is the fee for the industrial tribunal???
 
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I wouldn't think so as it isn't a court and has no legal standing... effectively it's just a glorified club with a set of arbitrary rules...
There is no right to "justice" involved... it's just a game.
Just my opinion of course, I reserve the right to be wrong, any objections or appeals against this post will only be countenanced on payment of ?10 :)
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Timid Toad

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It's not over yet. The government may appeal. If they do, they still can lose. If they lose or chose not to appeal, it would be unprecedented for them to ignore the court's ruling.
 

Rik

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Didn't they already say they wouldn't, and set aside cash to repay people who had paid fees...?
 
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Archery GB isn't an industrial tribunal ...
I think there is some confusion in this thread. The Government is involved with the industrial tribunal thing... but I can't imagine they give a cus about AGB
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Hidden Hippo

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The Supreme Court decision related to employment tribunal fees. The decision was, in part, due to the fact that the fees themselves were discriminatory (they disproportionately affected women). The fees also served to block access to justice. Concerning appeal, there is no further route - the Supreme Court is the highest in the land. I don't believe there could be any route to take the question to any international court as it is based on domestic law principles.

Concerning a fee to appeal a judge's decision, this will (almost certainly) be unaffected, and in any event would never be tested. AGB is a private organisation and this fee does not impact any rights set out in law.
 

bimble

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Where there is money involved there is always a chance that it will end up in court.
If someone is willing to hire a lawyer to take AGB to court over a failed ?50 (I think) appeal fee...

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Where there is money involved there is always a chance that it will end up in court.
If someone is willing to hire a lawyer to take AGB to court over a failed ?50 (I think) appeal fee...
 

little-else

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unfortunately having a fee at all makes it more likely that someone will challenge a decision they dont like by judicial review if they have nothing to lose. They will have free access to the High Court if they are on benefits and it will cost AGB a good few tens of thousands to even turn up. So, can anyone give a spectral analysis of olive drab and explain how it differs from other shades of green as per rule 307?
It has happened elsewhere and when it was reported in the sports association journal the libel lawyers nearly made a field day as well. Golf clubs seem to have a problem with this kind of thing andit is the level of fees that make the legal route worthwhile.
 

Hidden Hippo

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unfortunately having a fee at all makes it more likely that someone will challenge a decision they dont like by judicial review if they have nothing to lose. They will have free access to the High Court if they are on benefits and it will cost AGB a good few tens of thousands to even turn up. So, can anyone give a spectral analysis of olive drab and explain how it differs from other shades of green as per rule 307?
It has happened elsewhere and when it was reported in the sports association journal the libel lawyers nearly made a field day as well. Golf clubs seem to have a problem with this kind of thing andit is the level of fees that make the legal route worthwhile.
Judicial review applies to decisions and administrative actions by a public body, for instance your local council planning department. AGB is a private company. What's your cause of action to bring suit against them?
 

little-else

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my understanding of judicial reviews is they could consider matters of law regarding public bodies and regulatory authorities. If AGB is the governing body that determines ALL matters regarding archery in the UK then they are answerable in this way, as are UK athletics and the FA. If not then Sport England would perhaps be the next port of call? AGB is also a charity as well as a limited company, the Co being the trading arm of the charity as necessary for VAT and corporation tax purposes.
 

bimble

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my understanding of judicial reviews is they could consider matters of law regarding public bodies and regulatory authorities. If AGB is the governing body that determines ALL matters regarding archery in the UK then they are answerable in this way,
don't suggest to NFAS, the various IFAA branches, the Warbow Societies, the British Horseback Archery Association, BLBS and probably several that I've forgotten that AGB determines all matters regarding archery in the UK... ;)
 

Hidden Hippo

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my understanding of judicial reviews is they could consider matters of law regarding public bodies and regulatory authorities. If AGB is the governing body that determines ALL matters regarding archery in the UK then they are answerable in this way, as are UK athletics and the FA. If not then Sport England would perhaps be the next port of call? AGB is also a charity as well as a limited company, the Co being the trading arm of the charity as necessary for VAT and corporation tax purposes.
It's old, but the FA was found not to be subject to judicial review in 1992. The question is whether it carries out a public law function. The FA does not, nor does AGB. AGB's "powers" are derived from the rules we agree to as members. We are free to choose one of the many other governing bodies for archery in the UK and follow their rules.
 
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