tag:blogger.com,1999:blog-791817892794754996.post6036784192547656644..comments2023-11-18T08:59:54.598+00:00Comments on Carmarthenshire Planning Problems and more: High Court enforcement bailiffscaebrwynhttp://www.blogger.com/profile/17233902574832152764noreply@blogger.comBlogger32125tag:blogger.com,1999:blog-791817892794754996.post-24411701595383487172016-02-23T19:28:53.848+00:002016-02-23T19:28:53.848+00:00Whatever the merits of the libel case, it is uncon...Whatever the merits of the libel case, it is unconscionable for a wealthy and privileged public servant to pursue his "pound of flesh" against an ordinary citizen of modest means in this vindictive way. <br />If Mr James is a Christian, as has been suggested, his understanding of Christ's teachings is not mine. It seems unlikely that Mr James is going to be shamed into doing the right thing, so I too would support crowdfunding as a means of showing my contempt for this man. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-47344217578820152312016-02-21T09:24:26.175+00:002016-02-21T09:24:26.175+00:00Its not only him if you cross . Certain cllrs cann...Its not only him if you cross . Certain cllrs cannot take it if you see through them and say NO to them its at your own peril it seems ! KNOWN Bullies who lie to bring other innocent parties down . They must have thier own way always . But this time the truth will hopefully come out very soon . Its about time they stopped getting thier own way for self power and slander false accusations and harassment with assault . Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-25668846655341819932016-02-18T11:17:24.573+00:002016-02-18T11:17:24.573+00:00Many thanks for all the supportive and helpful com...Many thanks for all the supportive and helpful comments, all of which are noted. <br />I hope to explore the possibilities mentioned in my earlier comment (17th Feb 09:44).caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-54093027332716645912016-02-18T09:58:15.762+00:002016-02-18T09:58:15.762+00:00Just to say that crowdfunding can be surprisingly ...Just to say that crowdfunding can be surprisingly productive: here in Barnet library campaigners raised money for initial legal costs to challenge cuts proposals in a matter of hours, which was quite incredible. With the right publicity, this may well be a useful option to consider.Mrs Angryhttps://www.blogger.com/profile/00586223909475832791noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-55064478206390354192016-02-17T17:25:53.711+00:002016-02-17T17:25:53.711+00:00Found this https://www.crowdjustice.co.uk/how-it-w...Found this https://www.crowdjustice.co.uk/how-it-works/ on Twitter @CrowdJustice I've retweeted some cases they are helping fund on @JenGwenBrown seems pretty good as the money goes to the law firm acting/advising you once the sum initially needed is reached as only then the card donations are cashed. Good luck with whatever you decide to do Jacqui! Looks like lots of your followers are behind you!Anonymoushttps://www.blogger.com/profile/01638232046048588614noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-71477589046250505872016-02-17T15:27:43.212+00:002016-02-17T15:27:43.212+00:00It would be lawful for the council to offer an ex-...It would be lawful for the council to offer an ex-gratia equivalent to the amount James is claiming to Jacquie.<br /><br />A council can do anything that is lawful - that would be lawful.<br /><br />A council can, for example, offer anything towards, say, the training of an Olympic athlete, etc. The ex-gratia payment would be for psychological trauma and reputational impact on her.<br /><br />As for crowdfunding, just Google it. Most crowdfunding sites ask for 10% over and above the amount to be raised so, for a request for £25,000 you would have to crowdfund £27,500 in total.<br /><br /><br />Redheadnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-82589538966940672332016-02-17T12:52:29.396+00:002016-02-17T12:52:29.396+00:00I think we have to remember that the council were ...I think we have to remember that the council were named as co-defendants in the original action, which certain explains the presence of the acting Head of Legal... Quite why the press manager was incapable of managing the press from their own desk is something of a mystery though...<br /><br />For me, the smoking gun is whether or not council resources were used to support Mark Jame's (personal) counterclaim. Sian's information about events shows what a farce this is - we have a council that seems to have knowingly gone against the rules... <br /><br />One burning question I would have is what happened in terms of Mark James' fees. Did he pay them personally, or were they paid for out of the public purse. Someone needs to ask a direct question on that one...<br /><br />At the end of the day though, we are left with a HUGE injustice in which a woman who has diligently served her local community has now been ruined financially for the very same.<br /> Martin Milanhttps://www.blogger.com/profile/07537976349556078708noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-23327987702336766552016-02-17T09:44:52.993+00:002016-02-17T09:44:52.993+00:00@Tim Hart
Thanks Tim. I have no problem at all wi...@Tim Hart<br /><br />Thanks Tim. I have no problem at all with crowdfunding a public interest case on the points of law you suggest - I would welcome the opportunity and take it forward.<br /><br />If anyone has experience of funding a case in this way, or if there are any lawyers out there willing to help, please get in touch.<br /><br />caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-62783685199772832522016-02-17T07:27:53.991+00:002016-02-17T07:27:53.991+00:00Anon (15 February @ 19.34) makes two points, the s...Anon (15 February @ 19.34) makes two points, the second being that the indemnity did not kick in because Mark James won in court. Technically, perhaps, but it seems that the County Council footed the chief executive's legal bills anyway, and liberal use of Council resources was made during the case. Quite a number of council staff travelled to London and sat observing proceedings during the trial. These included then then acting Head of Law and the manager of the council's press office. The council's limo was also pressed into service to ferry Mr James and his party to Swansea railway station, from whence they travelled First Class to London.<br /><br />It won't have been cheap to have Mrs Rees Jones (the council's head of law) in court day in, day out, scribbling notes. Who paid for Debbie Williams (press office manager) to go the High Court?<br /><br />One of the unfinished pieces of business is what the council is going to do about the very considerable costs it incurred. In reality, it will have to write off something like £250,000.<br /><br />The indemnity may not have been triggered technically, but the end result was exactly the same as if it had.<br /><br />On the second point, Anon is wrong to say that Labour was kicked out because it rejected Mark James's application for redundancy. Rumours abound about what went on behind closed doors while that hot potato was being discussed, but it was clear that there would have been a massive public outcry if he had been paid off, and it is said that it would have cost the council around £450,000 to get rid of him.<br /><br />There is little doubt that the Independents would happily have shelled out, and there were even voices from Meryl-land that the council should have given him an even bigger payout - not because they wanted to get rid of him, but because they felt he deserved it. Faced with the electoral fallout and more than likely pressure from Labour's HQ in Cardiff, Kevin Madge eventually rejected the application, issuing a press release expressing his delight that Mark James would, after all, be staying with us.<br /><br />Labour lost power not because it rejected Mark James's demands, but because it ditched the incompetent Kevin Madge. As soon as Meryl, Mark and Pam realised that they had lost their puppet, Labour found itself in opposition.Cneifiwrhttps://www.blogger.com/profile/08767078276794410524noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-52737920154254570822016-02-17T00:10:03.807+00:002016-02-17T00:10:03.807+00:00Jacqui, why not a crowd funding to fight on, not t...Jacqui, why not a crowd funding to fight on, not to pay MJ.<br /><br />It cold be set up as a trust so that it cannot be claimed against for the damages.<br /><br />After all it is in everyone's interest to see you win, it might be them nextnospinnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-45971583926427788012016-02-16T22:40:47.451+00:002016-02-16T22:40:47.451+00:00I can understand why Jennifer Brown wants to ponde...I can understand why Jennifer Brown wants to ponder the mind of Mark James, but my feeling is that such a tortuous task is best left to a qualified psychiatrist. I suspect that even an expert in the field would find it challenging. As to the legal issue, I haven’t followed all the twists and turns of the case, nor read the judgments in full, but surely something more could be done. It seems to me there are important constitutional principles at stake which seem not to have been given the prominence in the proceedings that they deserve. I suspect, if more eminent judges, such as Lord Denning, had adjudicated the matter they would have been less myopic in their deliberations than the High Court judges seem to have been. I can understand why Jacqui seeks further judicial review, but the issue is well out of time and I don’t see why a second time around the High Court would take a different view than it did in the first instance. I feel that this case should have gone to the Court of Appeal and then to the Supreme Court if necessary. I don’t know whether this can be done at this juncture. Representations to Michael Gove, the Lord Chancellor, might produce something? It seems to me that there are two general grounds: 1) that an injustice has been done to an individual citizen at the hands of its government. 2) that the unlawful act – cited in the 2006 Statutory Instrument, and relied upon in the WAO report of January 2014- and all events flowing from it have inevitably had the effect that the Statutory Instrument was to designed to prevent. The indemnification by the County Council of claims and counterclaims for defamation made by officers may/will have the effect of inhibiting constituents from criticising their elected representatives and/or their officers. In future many people will shy away from criticism of local authorities believing that they risk losing their home and belongings in expensive and protracted litigation; with Jacqui proving the exception in soldiering on regardless of the consequences. Democracy is impoverished as a result. The unlawful act by the County Council is contrary to constitutional law and an affront to the supremacy of parliament in riding roughshod over the statutory instrument. Such constitutional law is higher law and should have been given precedence over the nitty gritty of the defamation litigation between the parties, which may not have been so clear cut as the constitutional issues. You can’t have a representative democracy if you allow governments (local or national) to use public money to gag its citizens. Such an abuse of power would sit more comfortably with Fascism.<br />I dare say that there are various detailed submissions that could be made on both counts. Jacqui has illustrated some of the case precedents which might be helpful in terms of consequences emanating from the unlawful act. As Denning says: something cannot be founded on nothing. Had the County Council not acted unlawfully, as the Welsh Audit Office determined and/or duplicitously as Sian Caiach has suggested - in that the CEO’s action was as proxy for the Council - then none of the events flowing from this unlawful act would have occurred and Jacqui would not be suffering enforcement proceedings now.<br />On the fundamental issue of constitutional law I think it would be well worth instructing counsel (someone expert in this field of law) to review the case and explore possibilities for further action. I think it is a mistake for Jacqui to rule out Redhead’s suggestion of establishing a legal fund for this purpose. One website worth looking at in this regard is: https://www.crowdjustice.co.uk/ <br />Anonymoushttps://www.blogger.com/profile/01073108614600884664noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-57491244091497349062016-02-16T09:37:20.736+00:002016-02-16T09:37:20.736+00:00Anon 19:34 Whichever definition you use, the money...Anon 19:34 Whichever definition you use, the money was paid out, and it was unlawful. As for the case itself, I can't go into the ins and outs of eighteen months of complex litigation here but it was not entered into lightly either by me, or my lawyers.caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-45608226583332448432016-02-16T02:20:50.371+00:002016-02-16T02:20:50.371+00:00Anon 22:08 I'm glad your supporting Jacqui and...Anon 22:08 I'm glad your supporting Jacqui and appreciate what she does to keep us all informed. I also appreciate the platform she provides for her readers to air their views and concerns. Unless you have, like me and several other whistleblowers, raised concerns that are not properly acted on, you'll not appreciate the frustration we all felt. That is why we complained about the way POVA handled our disclosures and managements failure to follow the whistleblowing policy. You have a right to state your opinion concerning my comments just as I have a right to whistleblow. Free speech is the right Mark James has tried to prevent Jacqui having.Anonymoushttps://www.blogger.com/profile/01638232046048588614noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-35354483779343563762016-02-15T19:34:31.529+00:002016-02-15T19:34:31.529+00:00Labour refused to give him his payout- that's ...Labour refused to give him his payout- that's why they had to go. Crucially he can do his because he wasn't technically funded by the council, he was indemnified. Look in the dictionary for the difference. His counter claim would have been unlawfully funded if he had lost, but because he won, the indemnity didn't kick in. Arguing that he wouldn't have taken the counter claim forward without an indemnity doesn't work because there's no proof. I don't like it, but that's the law, and jaqui's lawyers should have informed her of that and the risk of consequences of a judgement losing her insurance. He best advice sometimes is: don't sue.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-44388260071809143962016-02-15T15:33:35.719+00:002016-02-15T15:33:35.719+00:00Yes I agree with
Anonymous 13 February 2016 at 10...Yes I agree with <br />Anonymous 13 February 2016 at 10:12 who says ...<br />Is MJ just trying it on to embarrass Emlyn Dole into giving him that big payoff he wanted? Tessanoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-38558934028366075552016-02-15T10:40:37.122+00:002016-02-15T10:40:37.122+00:00I believe there has been some dispute in Carmarthe...I believe there has been some dispute in Carmarthenshire over the use of prayer before council meetings. <br /><br />Here in Barnet we have the Mayor's chaplain giving a short sermon and prayer before Full Council. To be frank, it is generally the only contribution of any intellectual rigour, moral content, or sympathy for the plight of those in need. <br /><br />Unfortunately, our elected members and senior officers bow their heads sanctimoniously, and pretend to listen, then carry on regardless. <br /><br />Perhaps in your Town Hall, however, one might suggest something along these themes:<br /><br />'Forgive us our trespasses, as we forgive those who trespass against us': or - <br /><br />Matthew 5 1-12: <br /><br />Blessed are the merciful: for they shall obtain mercy' ...<br /><br />Mrs Angryhttps://www.blogger.com/profile/00586223909475832791noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-29655303564010365452016-02-14T23:31:15.709+00:002016-02-14T23:31:15.709+00:00Perhaps you should bring this to the attention of ...Perhaps you should bring this to the attention of the newspapers, if you haven't done so already. After all, they will have a greater exposure than your website to the population of Carmarthenshire.<br /><br />Publicising james' vitriolic and despicable behaviour cannot do him any good and will only strengthen resolve against him.<br /><br />A man of God? The only God he prays to is Plutus.<br /><br />You cannot serve both God and money, so we know where james has nailed his colours.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-36602404170471429412016-02-14T22:08:07.138+00:002016-02-14T22:08:07.138+00:00It is rare for me to agree with Jennifer Brown , i...It is rare for me to agree with Jennifer Brown , in fact I have never agreed with her, in the work situation or indeed on anything she has written on this site. However, on this occasion I am in total agreement. <br />Mark James is a nasty spiteful man and this action confirms it! Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-66027538359763319882016-02-14T18:59:54.034+00:002016-02-14T18:59:54.034+00:00Councillors must act together to redress the wrong...Councillors must act together to redress the wrong done to Jaqui.How can Mark James be justified in accepting all that money when it had been possible to avoid court altogether.A man without a conscience.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-48137357010530397642016-02-14T18:23:31.737+00:002016-02-14T18:23:31.737+00:00Pressure should be exerted on this CEO by councill...Pressure should be exerted on this CEO by councillors to drop his vindictive behaviour - do the moral thing and leave this family to get on with their lives. Its disgraceful conduct given that it wasn't his money to counter sue it was taxpayers money. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-39038452688999152562016-02-14T17:56:27.845+00:002016-02-14T17:56:27.845+00:00@Redhead
This is a really kind gesture Redhead an...@Redhead <br />This is a really kind gesture Redhead and is hugely appreciated but I could not accept any sort of fundraising, it is not right, and I remain determined to carry on fighting this in any way I can, whatever happens.caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-23420030209097366822016-02-14T15:16:47.832+00:002016-02-14T15:16:47.832+00:00Please can someone start a crowdfunding site for t...Please can someone start a crowdfunding site for this? If they did (I don't know how) I will pledge £100. It would take only 250 of us all over the country who abhor this sort of thing to stick it up Mr James's .... and free Jacquie from his tyranny.Redheadnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-16809541238839637692016-02-13T10:21:08.566+00:002016-02-13T10:21:08.566+00:00All those councillors, who supported and voted for...All those councillors, who supported and voted for the council to provide money for this man's counter claim,are completely responsible.Mark James has the whole council in an iron grip but it is no excuse for any councillors to meekly submit to someone with a personality such as his<br />It is unbelievable that he benefits from council money obtained from public taxes.Defence case maybe but certainly not counter-suing.Any other person would have their conscience pricked,return the money to the council and be satisfied with having won the libel claim.<br />He is a man hell-bent on control.Unbelievable that councillors still feel helpless.It has just dawned on me that as he is an employee he might take them on in the high court.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-40322451954673896522016-02-13T10:12:27.149+00:002016-02-13T10:12:27.149+00:00Is MJ just trying it on to embarrass Emlyn Dole in...Is MJ just trying it on to embarrass Emlyn Dole into giving him that big payoff he wanted? Plaid won't want to look weak before an election Labour gave MJ his legal fees to do this.Is MJ a kipper?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-33640683962230957602016-02-13T08:40:33.812+00:002016-02-13T08:40:33.812+00:00Back in February 2014 Carmarthenshire County Counc...Back in February 2014 Carmarthenshire County Council held an extraordinary meeting to discuss the two public interest reports published by the Wales Audit Office which found both the libel indemnity and the chief executive's pension arrangements to be unlawful. The result of that meeting was a fudge, with the council disputing the WAO's findings but backing down nonetheless. <br /><br />Whatever your point of view, the reputation of Carmarthenshire County Council had been severely damaged and its standing in the eyes of the public was at rock bottom.<br /><br />The then leader of the council, Kevin Madge (Lab), repeatedly expressed the hope that a line could be drawn under the whole saga, but anyone with even a passing understanding of what had brought the council to this low point knew that Cllr Madge was, as so often, deluded. The legality of the libel indemnity and the pension scheme remain in legal limbo, with the council still officially disputing the WAO's findings. Meanwhile, two time bombs have continued to tick away. Would Mark James enforce his claim on Jacqui's home, and if so when? And what will happen to the much larger sums of money involved in the award of costs against Jacqui? Will the council write off the sums involved, or will it seek a separate action to try to recover its costs - an action which would surely fail because whatever the courts decide, there is no money for the council to recover. That decision cannot be deferred indefinitely.<br /><br />The libel and pension scandals remain a huge stain on the reputation of the council, and responsibility for both lies fairly and squarely with Mark James. No matter how much councillors hope the whole thing will go away, more is yet to come, as we saw this week.<br /><br />The libel case was sparked by Jacqui's decision to film a few minutes of a public meeting of the council using a mobile phone. It should never have been allowed to escalate into an arrest and a libel case, and again the responsibility for that disastrous course of action lies squarely with Mark James.<br /><br />Anyone who has observed Mr James in action during the last couple of years will have been reminded of Talleyrand's famous description of the Bourbons: "They learned nothing and forgot nothing". <br /><br />Recently a heated and embarrassing row broke out with members of the public come to exercise their right to ask questions at a meeting of the county council. Mr James's whispered advice to the chair was that he had the right to refuse questions from people who had taken time off work and travelled to County Hall to be heard.<br /><br />Confrontational advice which if heeded would have made a bad situation even worse and resulted in more damage to the council's standing in the eyes of the public.<br /><br />Fortunately, for once, his advice was ignored.<br /><br />Incredibly, there are still councillors who think Mark James is the best thing since sliced bread. Let's hope that wiser heads prevail, and the chief executive can be persuaded to desist from a course of action which will inflict yet more damage on our council.Cneifiwrhttps://www.blogger.com/profile/08767078276794410524noreply@blogger.com