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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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What can you do if 3 judges in the court of session ignore

Customer Question

What can you do if 3 judges in the court of session ignore the law to protect glasgow council and find you an unfit and proper person to hold a taxi booking office licence. Have already been found not guilty on every charge & thrown out in another 2 courts.
Was found correct in Glasgow Sheriff Court and awarded costs. Licence sent back to Councill to issue but council appealed to Court of session using tax payers money to get overturned. Have no criminal record. The judges ignored: 1. Our vehicles are all Taxi & Not Private Hire ignored. 2. Based their finding on East Dunbartonshires complaint even though Not Guilty in 3 courts or thrown out. No Complaint about renewal of Glasgow licence except from Police Scotland objections which were all withdrawn after Not Guilty Verdicts. 3. The taking of telephone bookings outside your licenced area, which is lawful. 4. Not knowing the destinations of taxis picking up street hires (No Crystal Ball available)5. Company was originally struck of register due to return Not filed. At the time was going through chemo and radiotheraphy as had cancer of the bowel. When found out applied and had company reinstated to the Register 2 years 9 months. The law states if reinstated to register, then has to be treated as it had never ceased. Judges ignored this. it has cost all my savings and loans to get this far.
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

Can you let me see the judgment please.

Customer: replied 5 months ago.
Hi,
I have attached the judgement.Thanks Vince
Customer: replied 5 months ago.
I feel that they have totally ignored the truth.
The Chief constable withdrew all objections after I was found Not Guilty as they were wrong in their complaint.
Customer: replied 5 months ago.
Regarding the letter.
The letter did not say to cease trading either. The letter advised me to get the company in order.
No Council can force a company to cease trading unless doing wrong. I was vindicated in court of this.
The letter was hand delivered and the council officer came to our office with another council worker and 2 plain clothes Police Officers.
The council official verbally told me to close down my business.
after I told them the Law they left saying they would check it out and i replied maybe you should have done this prior to coming down.
Expert:  JGM replied 5 months ago.

I've looked at this for you. The court of session judges didn't hold you unfit to hold a licence. They upheld the council decision on a balance of probabilities, the civil law test, and they found that the sheriff erred in law on a number of fronts. The problem you have as I am sure you have been told is that there is no higher court of appeal in this scenario. You have the sheriff and then the court of session so you can't go any higher. For that reason the answer to your question, with regret is that you can do nothing about this except perhaps. restructure the business with another applicant who will be granted a licence.

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