BASC’s Fighting Fund secures significant victory for member

[Conor O'Gorman]

A BASC member has been awarded costs of £4,000 after a successful appeal against revocation of his certificate by the police.

The appeal was financed by BASC's Fighting Fund, a ring-fenced reserve which enables us to fight the corner of members who have been victims of injustice.

BASC's Fighting Fund secures significant victory for member

BASC's Fighting Fund has successfully helped a member win costs against the police following revocation of his certificate.

basc.org.uk

 

[Mike L]

Excellent news.

 

[Ozalid]

They have been a great help to me on a number of occasions over the years, they are always interested in helping you, that's why I have been a member for so many years and will continue to be, despite how some people knock them.

 

[finnbear270]

AT LAST! A WIN!!!!!!!!!!!
UURRAHHH!

 

[Dave Lakes]

This is fantastic, well done BASC

 

[Rewulf]

Well done BASC !
Something has always puzzled me though, no fault of BASC , but why is it 'uncommon' for costs to be awarded to a successful appellant in these type of cases ?
“Cost Orders in favour of the Appellant are uncommon and indicate how strong the case was."

Surely if you win . you win. and costs should be paid for your outlay, I know this has always seemed to case where firearms licencing do not, but why is this so ?
Is it written into the firearms act.
Sorry, I know this isnt your department, but like I say , always puzzled me.

 

[Curried Venison]

Well done BASC

 

[Pete1774]

Well done BASC !
Something has always puzzled me though, no fault of BASC , but why is it 'uncommon' for costs to be awarded to a successful appellant in these type of cases ?
“Cost Orders in favour of the Appellant are uncommon and indicate how strong the case was."

Surely if you win . you win. and costs should be paid for your outlay, I know this has always seemed to case where firearms licencing do not, but why is this so ?
Is it written into the firearms act.
Sorry, I know this isnt your department, but like I say , always puzzled me.

I think you're confusing common sense with law. It often seems the two are mutually incompatible when it comes to costs in civil cases.

 

[jall55]

Well done BASC !
Something has always puzzled me though, no fault of BASC , but why is it 'uncommon' for costs to be awarded to a successful appellant in these type of cases ?
“Cost Orders in favour of the Appellant are uncommon and indicate how strong the case was."

Surely if you win . you win. and costs should be paid for your outlay, I know this has always seemed to case where firearms licencing do not, but why is this so ?
Is it written into the firearms act.
Sorry, I know this isnt your department, but like I say , always puzzled me.

The interesting thing with costs too is that if you awarded costs - its not usually actually what it cost and you may get 30/40/50 percent back

 

[Dave Lakes]

The interesting thing with costs too is that if you awarded costs - its not usually actually what it cost and you may get 30/40/50 percent back

It’s quite frightening really, can you imagine being wrongfully charged with something and even if you win you could end up financially ruined.

 

[Liveonce]

well done BASC can the member, BASC now sue the Police for the loss of use of their firearms during the time they were without them and for the stress caused ? after all £4000 is it looks not for compensation just legal fees.

 

[jall55]

It’s quite frightening really, can you imagine being wrongfully charged with something and even if you win you could end up financially ruined.

Yes - but i suppose it keeps a lid on spurious claims and maybe keeps it so that people can actually pursue the court route - it perhaps also encourages mediation ?

 

[Dalua]

They have been a great help to me on a number of occasions over the years, they are always interested in helping you, that's why I have been a member for so many years and will continue to be, despite how some people knock them.

It is possible for an organisation to do well in some areas and poorly in others.

well done BASC can the member, BASC now sue the Police for the loss of use of their firearms during the time they were without them and for the stress caused ? after all £4000 is it looks not for compensation just legal fees.

'You've done OK. Now, don't push it!' is probably the legal maxim that is correctly applied here.

 

[Ozalid]

It is possible for an organisation to do well in some areas and poorly in others.

Of course, that goes without saying, I have only experienced the good, whenever I see criticism of BASC it usually involves politics.

 

[Dalua]

whenever I see criticism of BASC it usually involves politics.

I guess it depends what you call 'politics' - but while high-quality help and support are no doubt much-appreciated by those members who receive them, their involvement in 'political' sphere has effects, and not always welcome ones, on the entire shooting population.
As you say, it is hardly surprising that an organisation might well receive with equal validity praise in some areas and constructive criticism in others - both offered with the same good intention.

 

[Liveonce]

'You've done OK. Now, don't push it!' is probably the legal maxim that is correctly applied here.

Without knowing all the facts not sure how you reach that conclusion, the person may have been a game keeper and it impacted on their livelihood, the Police will only stop and think if their actions have consequences.

 

[Dalua]

Without knowing all the facts not sure how you reach that conclusion, the person may have been a game keeper and it impacted on their livelihood, the Police will only stop and think if their actions have consequences.

I feel safe enough reaching a 'probably' conclusion based on hardly any facts at all. You're right, though - a lawyer who knows about this kind of thing would be the person ask: it doesn't sound like a risk-free undertaking to offer to fund, though.

 

[baguio]

Well done BASC. I wonder how many cases the police have allowed to get to the courts before conceding or doing a deal? They 'done a deal' in Ipswich Crown Court last week.
It would appear that the police are hoping that the appellant will run out of money and withdraw their appeal before it gets to court, when the police know that at trial they will probably lose? Smacks of the Horizon scandal to me where the Post Masters pleaded guilty to avoid prison when the Post Office actually had no case.

 

[Conor O'Gorman]

On the question of costs I have asked internally and this is the advice I got "Generally in law, costs lie where they fall and its is a rebuttable presumption that the loser pays the winner's costs. However, in administrative law there is case law which says that any public official exercising a function should not be penalised in costs if he loses. That is why Cost Orders are rarely made against Chief Officers in firearms licensing appeals. The judge has be satisfied that the Chief Officer has acted capriciously".

 

[Whitefront]

A cracking result, BASC. Let's have more!