Quote:
| Originally Posted by NBs996 .... and it seems the judge disagrees with what you say batz... he seems to think there's no law on this, it's just down to the judges to decide....
The way I read it... it's a financial loss for Croft circuit for sure, but on the whole there's a few precidents set within the judges summing up which can be used in favour of the circuits. |
I was referring to law made by judges ie case law and as it stands the judge in a high court is obliged to follow precedents made in higher courts unless they can distinguish them on their facts. The case before him he obviously felt did not bring new arguments and so he was obliged to follow existing precedent.
There is currently a case going through the appeal process challenging the princples established in earlier nuisance case law that you could not move to a nuisance - but reading the facts of this one it doesnt appear that this will help the race circuit as the track was not being used as frequently as it is now.
Lets hope the case in the court of appeal is successful.