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Olympic Stadium; our day in court

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  • rikofold said:

    Is it West Ham's fault? Not really the question. You should be considering whether it is West Ham's responsibility to ensure any 'great deal' it negotiates falls within parameters of law. If not, they are no less culpable than the LLDC for the consequences.

    Bit like being aware of FoIA responsibilities when you're signing a contract with a public body. It's called due diligence.

    What aspects of the contract did not fall within the parameters of the law? All the appeals and length of time it took would suggest the legal responsibilities, regarding FoIA were not so cut and dry.

    As clear as it is that West Ham have taken the piss, their obligations are towards their shareholders, not the tax payer. Surely it's those sitting across the table from them that need to take the flak here.
    Well I can answer with authority regarding the FOI part.

    The first aspect is that the LLDC broke the law with regard to the FOI response time at every single stage of the process. 20 working days is just that. And it is supposed to be the maximum. They broke that part of the law 6 times on this request alone, and regularly do so on other requests.

    Their more substantive argument, which does come up quite commonly in FOI, was commercial confidentiality. However when that was finally tested in the highest available court, their argument was thrown out. Unanimously. I don't believe the LLDC seriously believed there was a commercial risk, because their version of the nature of the risk changed during the process. Up until the Tribunal the risk was to West Ham. At the Tribunal West Ham hardly got a mention, let alone an appearance, the risk was to E20 (the company without employees). IMHO it was simply a cynical delaying tactic. Had they respected the law, the full contract would have been open to inspection more than two years before West Ham were due to move in. Two years in which Boris Johnson's career (he was the head of the LLDC until he mysteriously resigned when the Information Commissioner found for us) was on an upward trajectory....

    I think we're pretty much in agreement, the negotiations stunk, especially considering the Tory connections, but West Ham couldn't have ever been expected to negotiate anything other than the best deal for themselves.

    My opinion often changes on this, but right now I'm tempted to agree with Muttley, something here stinks too bad.

    One thing I'd be interested to know, did the LLDC break the law, or did they take their appeals as far as they could? I seem to recall you saying they missed tons of deadlines, then appealed every ruling, literally ensuring every decision was delayed as much as possible. If that was the tactic, there can only be one reason why.

  • rikofold said:

    Is it West Ham's fault? Not really the question. You should be considering whether it is West Ham's responsibility to ensure any 'great deal' it negotiates falls within parameters of law. If not, they are no less culpable than the LLDC for the consequences.

    Bit like being aware of FoIA responsibilities when you're signing a contract with a public body. It's called due diligence.

    What aspects of the contract did not fall within the parameters of the law? All the appeals and length of time it took would suggest the legal responsibilities, regarding FoIA were not so cut and dry.

    As clear as it is that West Ham have taken the piss, their obligations are towards their shareholders, not the tax payer. Surely it's those sitting across the table from them that need to take the flak here.
    Well I can answer with authority regarding the FOI part.

    The first aspect is that the LLDC broke the law with regard to the FOI response time at every single stage of the process. 20 working days is just that. And it is supposed to be the maximum. They broke that part of the law 6 times on this request alone, and regularly do so on other requests.

    Their more substantive argument, which does come up quite commonly in FOI, was commercial confidentiality. However when that was finally tested in the highest available court, their argument was thrown out. Unanimously. I don't believe the LLDC seriously believed there was a commercial risk, because their version of the nature of the risk changed during the process. Up until the Tribunal the risk was to West Ham. At the Tribunal West Ham hardly got a mention, let alone an appearance, the risk was to E20 (the company without employees). IMHO it was simply a cynical delaying tactic. Had they respected the law, the full contract would have been open to inspection more than two years before West Ham were due to move in. Two years in which Boris Johnson's career (he was the head of the LLDC until he mysteriously resigned when the Information Commissioner found for us) was on an upward trajectory....

    I think we're pretty much in agreement, the negotiations stunk, especially considering the Tory connections, but West Ham couldn't have ever been expected to negotiate anything other than the best deal for themselves.

    My opinion often changes on this, but right now I'm tempted to agree with Muttley, something here stinks too bad.

    One thing I'd be interested to know, did the LLDC break the law, or did they take their appeals as far as they could? I seem to recall you saying they missed tons of deadlines, then appealed every ruling, literally ensuring every decision was delayed as much as possible. If that was the tactic, there can only be one reason why.

    The short answer to that is "both". It is against the law to not reply within 28 days. The LLDC frequently did that, and not just to me. @rikofold has been equally determined, with questions about the digital wrap, and experienced the same thing. But they also played the system as long as they could. Most people thought that when the Information Commissioner found for us in September they would throw the towel in. But they waited until the last day allowed before announcing an appeal. That bought them another seven months. As you say, there can be only one reason for such cynical abuse of the process.

  • Strangely enough, drove past David Gold in his Chauffeur driven, Claret and Silver Rolls Royce last night on the A2 at the Black Prince junction.
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  • They're going down.

    No chance of them or palace going down unfortunately we can but dream
  • They're going down.

    No chance of them or palace going down unfortunately we can but dream
    No chance? None at all?

    Have you forgotten what Sir Lennie said in autumn 1989? "By October, the die is cast"

    And we went down

  • Palace and West Ham definitely have a chance of relegation, especially with Sunderland looking more solid now
  • edited December 2016
    .

    Palace and West Ham definitely have a chance of relegation, especially with Sunderland looking more solid now

    That stadium could be the millstone that drags West Ham down if they are still in the mix in Feb/March. Loads of far off white seats and a echoing toxic fan base if things are going badly will destroy any remaining team spirit.

    (Just edited the rest out, its the Olympic Stadium thread so the rest doesn't apply)
  • DA9 said:

    Strangely enough, drove past David Gold in his Chauffeur driven, Claret and Silver Rolls Royce last night on the A2 at the Black Prince junction.

    When's the film out?
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  • KUMB makes for hilarious reading today.

    The OS stadium poll - http://www.kumb.com/forum/viewtopic.php?f=2&t=166551
  • JohnBoyUK said:

    KUMB makes for hilarious reading today.

    The OS stadium poll - http://www.kumb.com/forum/viewtopic.php?f=2&t=166551

    Some good reading there. Some are so desperate they're talking about "doing a Charlton" with a "Back to the Boleyn" campaign...
  • When does the Boleyn get bulldozed?
  • Already started hasn't it?
  • Fumbluff said:

    When does the Boleyn get bulldozed?

    LOL! Given the ground is to be bulldozed and, I assume, luxury flats built on it, they might struggle to "do a charlton"!
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