Forum Message

Topic: Total Baloney
Posted by: Jonty Nicholls
Date/Time: 24/08/16 22:43:00

This is 50% fantasy and 50% nonsense.

1. It will be clear to anyone with any substantive experience of commissioning or using commercial professional advice, that the ME report has been deliberately over-egged with the encouragement of those that obtained it. There has not been a 1.5 million loss by anyone.

2. If there were a loss at all, the responsibility of each and every ex-trustee from whom reimbursement were sought would have to be proven in court. The burden of proof would fall upon the party bringing the case. Charity trustees are only very rarely found legally liable for damages - usually in cases of obvious and outright theft. Trustees are not deemed liable when they have acted, in their view, in the way they thought best. Nor are they generally found liable when they have made mistakes. WPCC would have to sue its own trustees for damages - even then the precise grounds are unclear.

3. There is no insurance policy I have ever come across that would pay anything out in these circumstances. The idea that there is somehow "some insurance" which would stump up 1.5million for the Commons is naive conjecture. Even if the precise terms of an insurance policy covered these circumstances, insurers would normally require the case to be proven in court.

4. There are multiple parties to the litigation envisaged - 8 or so ex-trustees each with a slightly different involvement, the surveying subsidiary of a multinational accounting firm (Deloitte), a local firm of solicitors, WBC and WPCC. Each potentially would have their own legal advisers (requiring to be paid) and the party bringing any suit would be liable for everyone's costs if it failed. You do not get a complex commercial litigation like this for 75k - capped or otherwise. The potential cost is enormous.

5. WPCC continues to be bled dry by professional costs relating to the Putney Hospital site. This matter is a huge distraction for the trustees who should be managing the Commons not running a history project. It's great fun for the FoPC crowd, still out for revenge, who love to cause discomfort to the ex-trustees. The Commons and ultimately the levy-payers are footing the bill for their indulgence.

6. The legal advice which WPCC SHOULD take, pay for and publish is this: "If there was any under-valuation of the access  rights, is there a material and cost effective prospect of recovering  this from any 3rd party, if so, what would be the mechanism, the likely cost and the likely chances of winning". It would then be clear whether there was any point at all in a further brass farthing of levy-payers money being spent on this whole affair. My belief is that there isn't.

7. The idea that a few dozen petitioners should direct events, rather than the elected and appointed trustees of WPCC under the guidance of the Charity Commission is risible - childish foot-stamping by a small minority unhappy at not getting thir own way. There will be an Conservators' election in 2018 - vote in that.


Entire Thread
TopicDate PostedPosted By
WPCC Petition23/08/16 16:06:00 David Austin
   Re:WPCC Petition23/08/16 18:07:00 Adam Gray
      Re:Re:WPCC Petition23/08/16 18:14:00 Nicholas Evans
         Re:Re:Re:WPCC Petition23/08/16 18:24:00 Sue Hammond
         Re:Re:Re:WPCC Petition29/08/16 11:36:00 Jane Carter
            A Conservator Replies ....I Have No Idea29/08/16 11:59:00 John Cameron
            Re:Re:Re:Re:WPCC Petition photograph29/08/16 13:39:00 Nicholas Evans
      Re:Re:WPCC Petition23/08/16 18:49:00 David Austin
         Re:Re:Re:WPCC Petition24/08/16 12:01:00 William Smith
            A Conservator Writes....24/08/16 13:56:00 John Cameron
               Re:A Conservator Writes....24/08/16 14:23:00 Adam Tripp
                  Re:Re:A Conservator Writes....24/08/16 14:38:00 John Cameron
                     Re:Re:Re:A Conservator Writes....24/08/16 14:42:00 Stephen Walker
                        Re:Re:Re:Re:A Conservator Writes....24/08/16 14:59:00 John Cameron
                           Re:Re:Re:Re:Re:A Conservator Writes....25/08/16 14:14:00 Stephen Walker
                     Re:Re:Re:A Conservator Writes....24/08/16 15:10:00 Adam Tripp
            Re:Re:Re:Re:WPCC Petition24/08/16 14:21:00 Nicholas Evans
               Re:Re:Re:Re:Re:WPCC Petition24/08/16 16:12:00 William Smith
                  Re:Re:Re:Re:Re:Re:WPCC Petition24/08/16 16:55:00 Nicholas Evans
                     Re:Re:Re:Re:Re:Re:Re:WPCC Petition24/08/16 18:07:00 David Austin
                        Re:Re:Re:Re:Re:Re:Re:Re:WPCC Petition24/08/16 20:10:00 Andy Pike
                           Total Baloney24/08/16 22:43:00 Jonty Nicholls
                              Who Do You Think You Are Kidding Jonty Nicholls...?24/08/16 22:59:00 John Cameron
                                 Re:Who Do You Think You Are Kidding Jonty Nicholls...?25/08/16 01:43:00 Sarah Roberts
                                    Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?25/08/16 11:17:00 David Austin
                                       Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?27/08/16 23:14:00 Jonty Nicholls
                                    Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?27/08/16 23:03:00 Jonty Nicholls
                                       Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?28/08/16 09:14:00 Nicholas Evans
                                          Re:Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?28/08/16 09:34:00 Sarah Roberts
                                             Re:Re:Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?28/08/16 10:29:00 Chantal Blake-Milton
                                                A Conservator Replies.....I Have No Idea 29/08/16 12:02:00 John Cameron
                                             Re:Re:Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?29/08/16 23:55:00 Jonty Nicholls
                                                Re:Re:Re:Re:Re:Re:Who Do You Think You Are Misleading Jonty Nicholls...?30/08/16 09:20:00 Nicholas Evans
                                          Re:Re:Re:Re:Who Do You Think You Are Kidding Jonty Nicholls...?30/08/16 00:03:00 Jonty Nicholls
                                             Re:Clarification30/08/16 00:17:00 Jonty Nicholls
                                                Re:Re:Clarification30/08/16 09:13:00 David Austin
                                                   Re:Re:Re:Clarification03/09/16 00:31:00 Jonty Nicholls
                                                      Bump07/09/16 13:23:00 Sarah Roberts
                                                         Re:Bump07/09/16 19:28:00 Claire Morgan
                                                            Re:Re:Bump07/09/16 19:46:00 David Austin
                                                               Re:Re:Re:Bump07/09/16 21:57:00 Sarah Roberts
                                                                  Thank you Guy09/09/16 13:19:00 Sarah Roberts
                                                                     Thank you Martine Guy09/09/16 13:22:00 Sarah Roberts
                                                                        Re:Thank you Martine Guy09/09/16 13:37:00 Martine Guy
                                                                           Re:Re:Thank you Martine Guy09/09/16 14:00:00 Sarah Roberts
                                                                              Thank you Tom Simons09/09/16 20:14:00 Sarah Roberts
                                                                                 Re:Thank you Sarah10/09/16 00:10:00 Guy Sunda
                                                                                    Re:Re:Thank you Sarah10/09/16 07:23:00 Tom Simons
                                                                                       A Councillor Writes.... 10/09/16 08:13:00 John Cameron
                                                                                          Re:A Councillor Writes.... 10/09/16 09:13:00 Sue Hammond
                                                            "Trust in me, trust in me"10/09/16 09:35:00 Sarah Roberts
                                                               Re:"Trust in me, trust in me"10/09/16 09:50:00 Sue Hammond
                                                                  Wandsworth's Threat to WPCC10/09/16 10:26:00 John Cameron
                                                                     Re:Wandsworth's Threat to WPCC10/09/16 12:21:00 Nick Parker
                                                                        WBC's Threatened More Than a CP10/09/16 12:57:00 John Cameron
                                                               Re:"Trust in me, trust in me"10/09/16 12:36:00 Claire Morgan
                                                                  Never wrong.  Ruthless to the end12/09/16 06:32:00 Sarah Roberts
                                                                     Re:Never wrong.  Ruthless to the end12/09/16 11:20:00 Sarah Roberts
                                                                        Re:Re:Never wrong.  Ruthless to the end12/09/16 11:21:00 Sarah Roberts
                                                                           Third Sector Magazine19/09/16 11:22:00 Sarah Roberts

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