Brandon Case

[frettful38]

Thanks chip

[diddydicky]

doesnt sound too good!!

[dizzyblonde1966]

Could it have been settled out of court by the creditor,

To avoid the risk of a precedant being set?

[rockabilly1]

Unfortuantley the precedent is already set from the first High COurt judgment and in any event today's hearing was only a hearing of an application for permission t appeal not a full appeal hearing. I don;t want to think the worst of Mr Brandon bu it is at least as likely that he took an offer and ran.

[diddydicky]

what dizzyblonde means is that the creditor may have done a deal in order to PREVENT an appeal court overturning the original decision

 

we will have to wait and see

 

but if he has done a deal- it would probably include a gagging order in which case we will never know

[the_shadow]

According to "another site" the appeal was granted prior to the hearing hence the vacation and we await the new hearing date.

 

S.

[Undercover-Elsa]

Which is good news!

[the_shadow]

Which is good news!

 

absolutely, sorry for the lack of a smiley

[Undercover-Elsa]

Haha, I thought I detected just the shadow of a smile....

[diddydicky]

someone wrote a song about that!

[Undercover-Elsa]

It was old blue eyes...

[diddydicky]

i thought tony bennett was the first to record it- came from the film sandpiper if i recall!

[Undercover-Elsa]

You're right of course. Now that was a superb film!

I remember Barbara Streissand singing it as well.

[the_shadow]

I'm not old enough to remember, I'm just a

 

S.

[diddydicky]

i'm just a baby ................. there's another one (and not the justin beiber one either)!!

[vacma373]

Also I think Flaux was the Judge in the Mcguffick case

 

This may be of interest, I think Flaux was the same judge Mr Brandon had in the High Court.

 

[the_shadow]

Also I think Flaux was the Judge in the Mcguffick case

 

Also the judge in Kneale vs Barclaycard

 

S.

[oilyrag]

I seem to remember, just referring back to an earlier post on here, Lord Denning, then Master of the Rolls, stating that it was not allowable for any Judge to sit on or hear an appeal which concerned his own judgment. And on the fact that the High Court it has been said has set the precedant. Sorry only for the time being it may be overturned by the C of A at full hearing which then sets the precedent until overturned (or not as the case may be) in the Supreme Court.

 

regards

oilyrag

[GuidoT]

Getting the right judge is important, some are with you and some not irrespective of the merits of your case.

Edited February 4, 2011 by GuidoT

[smugorwhat]

The status of the application to appeal has been changed to 'Renewed to Oral Hearing'.

Can anyone shed any light on what this actually means?

[Drowning but not sunk...]

Anyone know why "Renewed to Oral Hearing"?

[Chipmeister]

This from the HM Court Services Website:

 

On 25 November 2004, in the case of Hammond [CO/3775/04; Neutral Citation Number: [2004] EWHC (Admin) 2753], the Divisional Court considered the provisions of the Schedule. The Court concluded that the statute did allow for an oral hearing where the High Court Judge considered it was appropriate. The Court stressed that such a hearing would only be necessary in rare and unusual circumstances. It stated that “There will be rare cases where oral representations may be required and even rarer cases where oral evidence may be required. It will be for the Judge in each case to decide whether such evidence or such representations are required, depending on a close examination of the issue or issues that have to be decided by him in the proceedings, the full written materials available and submitted and the nature of the oral hearing required.”

 

This could be a good thing surely??

[bertramr]

Also, hearing status has changed from 'Permission to Appeal' to just 'Appeal'.

[GuidoT]

That is good, I presume Amex decided to consent to the appeal.

 

I see it has a trial window until the 15 March 2011, so it will be on soon.

Edited February 10, 2011 by GuidoT

[vacma373]

That is good, I presume Amex decided to consent to the appeal.

 

I see it has a trial window until the 15 March 2011, so it will be on soon.

 

Anyone know if there`s been any progress?