 Poster: A snowHead
|
|
|
|
Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
|
|
Is there anywhere one can read an accurate report of day-to-day proceedings? Planet Ski is a bit broad-brush...
|
|
|
|
|
|
Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
|
|
@Hurtle, I'd be there if I weren't skiing. I do e-know someone there (as well as the principal who can't talk); but I've no additional info beyond the Times and Planet ski articles.
|
|
|
|
|
|
You need to Login to know who's really who.
You need to Login to know who's really who.
|
@laundryman,
| Quote: |
I'd be there if I weren't skiing
|
you've got your priorities right!
|
|
|
|
|
|
Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
|
Timeline as stated in Court;
BASI informs French that SB's MOU has been withdrawn, January.
SB gets arrested, February
BASI informs SB his MOU has been withdrawn, 4 days after his arrest!!!!!!!
|
|
|
|
|
|
You'll need to Register first of course.
You'll need to Register first of course.
|
| stewart woodward wrote: |
Timeline as stated in Court;
BASI informs French that SB's MOU has been withdrawn, January.
SB gets arrested, February
BASI informs SB his MOU has been withdrawn, 4 days after his arrest!!!!!!! |
If true that is appalling duplicitous behaviour on the part of BASI.
|
|
|
|
|
|
|
|
|
Do we have any film producers amongst Snowheads? This would make an epic sequel to Erin Brockovich. I have a Go-pro type thingy if that helps.
|
|
|
|
|
|
|
|
@cameronphillips2000,
As it would be a farce, can I suggest Steve Coogan to play SB 
|
|
|
|
|
|
You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
|
being totally impartial , and admittedly only gleaning info from here and current reports on proceedings from planet ski etc ....
It reads, cutting to the chase ... his arguement is that despite not having an MOU, he should have and so assumed he had and is putting reason behind his not having, as vindictive ....
Arguing principle can be a very disappointing and expensive process ....
|
|
|
|
|
|
|
|
| Alastair Pink wrote: |
| stewart woodward wrote: |
Timeline as stated in Court;
BASI informs French that SB's MOU has been withdrawn, January.
SB gets arrested, February
BASI informs SB his MOU has been withdrawn, 4 days after his arrest!!!!!!! |
If true that is appalling duplicitous behaviour on the part of BASI. |
One hopes that TTT is somewhere on the witness stand to explain this as a purely administrative oversight and vouch for the fine character of the thoroughly good chaps at BASI HQ. 
|
|
|
|
|
|
snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
|
|
|
|
And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
|
Still not settled!!
Tuesday 8 March 2016 in the Court of Session, Edinburgh.
Following two days of evidence, the judge ordered that the hearing be adjourned to allow parties to clarify their respective pleadings. A procedural hearing will take place in May 2016 when parties will consider further procedure.
As the court action is ongoing, no further information can be provided at this stage.
|
|
|
|
|
|
|
|
Jarndyce v Jarndyce! The whole lot of them will be too old to ski, never mind teach, by the time this is finally finished  .
|
|
|
|
|
|
You know it makes sense.
|
|
Oh dear. Is it usual for a judge to ask for pleadings to be clarified i.e. to sort out what you want? I work in IP and I can't imagine a judge would be very happy if your pleadings weren't clear
|
|
|
|
|
|
Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
|
| maggi wrote: |
| Jarndyce v Jarndyce! The whole lot of them will be too old to ski, never mind teach, by the time this is finally finished . |
+1
Justice delayed is justice denied. If one or both side hasn't got its arguments straight after a year, tough luck!
|
|
|
|
|
|
Poster: A snowHead
|
|
Is "clarify your pleadings" judge code for one or both of your arguments are a shambles I suggest you settle out of court?
|
|
|
|
|
|
Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
|
|
@Dave of the Marmottes, I wondered that too.
|
|
|
|
|
|
Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
|
|
especially if you get voted in as chairman
|
|
|
|
|
|
You need to Login to know who's really who.
You need to Login to know who's really who.
|
| Dave of the Marmottes wrote: |
| Is "clarify your pleadings" judge code for one or both of your arguments are a shambles I suggest you settle out of court? |
That's the way i read it.
|
|
|
|
|
|
Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
|
| Dave of the Marmottes wrote: |
| Is "clarify your pleadings" judge code for one or both of your arguments are a shambles I suggest you settle out of court? |
I would guess it is both sides as if the judge felt one had a strong argument and the others was weak then it may be deemed unfair if he stopped the case to allow the weak case to be strengthened. I also agree it is probably an attempt to get both sides to settle.
This is what BASI have said tonight in a members update:-
| Quote: |
10 March 2016 BASI Update for Members
IN THE COURT OF SESSION
SIMON BUTLER
Against
THE BRITISH ASSOCIATION OF SNOWSPORT INSTRUCTORS LIMITED
The judicial hearing for Petition 2 (see point 2 below) began on Tuesday 8 March 2016 in the Court of Session, Edinburgh.
Following two days of evidence, the judge ordered that the hearing be adjourned to allow parties to clarify their respective pleadings. A procedural hearing will take place in May 2016 when parties will consider further procedure.
As the court action is ongoing, no further information can be provided at this stage.
Ends
Members Update Issued on:
18 November 2015
BASI Statement
IN THE COURT OF SESSION
SIMON BUTLER
Against
THE BRITISH ASSOCIATION OF SNOWSPORT INSTRUCTORS LIMITED
On the 18th November 2015 at the Court of Session in Edinburgh there was a first hearing in respect of Simon Butler’s judicial review petition. This first hearing was a legal argument hearing, the judge listens to the legal arguments brought by each parties legal representation, no witnesses or evidence are presented.
In this petition Simon asked the court to:
(1) revoke the decision of 1 November 2014 to terminate his membership of BASI; and
(2) revoke a “decision” of 26 February 2014 to “withdraw” his MoU; and
(3) damages in the sum of £507,500.
BASI have previously conceded (in the court pleadings and by correspondence) that the decision of 1 November 2014 did not follow due process and have revoked this decision. This was recorded by the court on 18 November 2015. Simon Butler is currently a BASI member.
In terms of the other issues BASI maintain their defence. Their position has been that these issues cannot be determined by a court on legal argument only and without hearing evidence. Accordingly (given that no evidence can be presented at a first hearing in a judicial review) their position has been that a second hearing is required. This has now been granted.
At the first hearing on 18 November it was agreed between parties that a second hearing should be fixed to determine point 2 above. This hearing will take place on 8 to 11 March 2016.
No hearing has been fixed to determine point 3 above. Whether a hearing is required on point 3 will depend on the outcome of the 8-11 March 2016 hearing. |
|
|
|
|
|
|
You'll need to Register first of course.
You'll need to Register first of course.
|
|
What we need is TTT to tell us what all this really means
|
|
|
|
|
|
|
|
|
My guess is that the Court wants more information about how the £507,500 is calculated. Why is exactly the MOU was withdrawn.
|
|
|
|
|
|
|
|
|
SB was assuming that the case would be over before the meeting to appoint a new Chair was held. The fact that the case has been adjourned until after the election makes for an interesting situation.
|
|
|
|
|
|
You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
|
@FFIRMIN, according to the basi update this hearing was to consider point 2 only. Having conceded point one already basi may already be in line to pay some damages.
It looks as though on point two SB is presenting evidence of malicious intent with the timing of the withdrawal of his mou and the dobbing in before he had been notified. He may need to prove that not only was the motivation malicious but that the action itself was incorrect or at least inconsistent.
Then it's just about the money.
It seems ludicrous that he should be standing for election in the middle of a court case.
I feel SB has already won at least the moral victory, having had point one conceded, plus the airing of the shenanigans around the withdrawal of his mou and his dobbing in. Whatever happens this looks very bad for basi in my view.
|
|
|
|
|
|
|
|
| Quote: |
Whatever happens this looks very bad for basi in my view.
|
+1
An organisation that qualifies could not convince a judge that their view on a qualification is correct? Is that what just happened?
|
|
|
|
|
|
snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
|
update from Planetski..
"According to a supporter of Simon Butler, who was in court, this was as a result of evidence from the former Chief Executive of BASI, Raymond Morris."....
"The supporter of Mr Butler, who spoke to PlanetSKI on condition of anonymity, claimed Raymond Morris's evidence had undermined BASI's case."....
"On Wednesday, Raymond Morris told the court that he had made an agreement with the French authorities that Simon Butler would be granted an exemption to the Eurotest.
This is a timed slalom run introduced by the French to ensure only the best skiers can be instructors.
Mr Morris told the court that he could have the exemption as long as he committed to working legally .
Later in his evidence, Mr Morris said Mr Butler had "done enough to get the ISTD" and that he had granted it. "
|
|
|
|
|
|
And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
|
|
Ooops!!!
|
|
|
|
|
|
|
|
+1 !!!!
|
|
|
|
|
|
You know it makes sense.
|
| ansta1 wrote: |
Mr Morris told the court that he could have the exemption as long as he committed to working legally .
Later in his evidence, Mr Morris said Mr Butler had "done enough to get the ISTD" and that he had granted it. " |
Got to say that sounds like a hella simple administrative error. Where is TTT - we so badly need his/her expert analysis?
|
|
|
|
|
|
Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
|
Does anyone recall the courtroom scene from 'a few good men'. When the prosecution lawyer cross examined the young marine about him witnessing the order being given, and then asked how long it took him too get back from his post...........
The truth, you can't handle the truth....
I teach 300 yards from 4000 frenchmen who are trained to ski better than me, don't think you can come down here and flash a basi badge and make me nervous.
:
|
|
|
|
|
|
Poster: A snowHead
|
@Dave of the Marmottes,
| Quote: |
Where is TTT - we so badly need his/her expert analysis? |
Would you like mine instead? It is that BASI se trouvent dans l'ordure.
|
|
|
|
|
|
Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
|
| Hurtle wrote: |
@Dave of the Marmottes,
| Quote: |
Where is TTT - we so badly need his/her expert analysis? |
Would you like mine instead? It is that BASI se trouvent dans l'ordure. |
Hurtle, je crois que tu as raison. 
|
|
|
|
|
|
Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
|
So has the court case been adjourned mostly because BASI need to clarify their pleading ?
If so this brings up the question was this done intentionally so as to try and make SB's candidacy for chair unattainable ?
In an on going case it would be difficult to say the least for the person suing BASI to also be the chair thus defending BASI.
After the way they kicked SB out of BASI, the fact for any organisation those acting so against another member would automatically be suspended pending an investigation, with ultimately the final punishment if found guilty dismissal from said organisation. With this not happening they have to accept they will have every single action they take viewed with suspicion.
|
|
|
|
|
|
You need to Login to know who's really who.
You need to Login to know who's really who.
|
| Alastair Pink wrote: |
| Hurtle wrote: |
@Dave of the Marmottes,
| Quote: |
Where is TTT - we so badly need his/her expert analysis? |
Would you like mine instead? It is that BASI se trouvent dans l'ordure. |
Hurtle, je crois que tu as raison. |
Le chien de mon policier est un topinambour
|
|
|
|
|
|
Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
|
|
Le plume de ma tante
|
|
|
|
|
|
You'll need to Register first of course.
You'll need to Register first of course.
|
I'm out of my league here but here goes.
Ça a complètement merdé.
|
|
|
|
|
|
|
|
|
Le singe et dans l'arbre
|
|
|
|
|
|
|
|
|
la merde a frappé le ventilateur
|
|
|
|
|
|
You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
|
|
Le bordel, ou quoi?
|
|
|
|
|
|
|
|
|
“Bonvoro alsendi la pordiston, lausajne estas rano en mia bideo!” And I think we all know what that means!
|
|
|
|
|
|
|
|
FAQ
