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Re: Watcher at the End of Time
Posted by: AG on apple
Date: 24/04/2018 09:56
I wonder if the ECB really are proceeding with action vs Cricinfo/George Dobell on the grounds of "defamation, pursuant to George Dobell's implication that the Chairman is an autocrat who takes decisions without proper consultation."?

If so, the ECB may be forced to divulge the results of the consultation with the County members re: their proposals for city cricket.

After all, if the case hinges on whether or not it is justified (justification defeats defamation suits) to depict Mr Graves in this way then it is very possible that consideration of wider points than simply the process around the payments to Glamorgan/Hants etc will be necessary.

Any case may then further hinge on whether the ECB have met the legal requirements for consultation by a public body. These are:

1) Consultation must be at a time when proposals are at a formative stage.

2) The proposer must give sufficient reasons for its proposals to allow consultees to understand them and respond to them properly.

3) Consulters must give sufficient time for responses to be made and considered

and

4) Responses must be (my emphasis) CONSCIENTIOUSLY TAKEN INTO ACCOUNT in finalising the ultimate decision.


Now, we can be 99.9% sure that the consultation with the members delivered a verdict of "Not over our dead bodies."

So the point at issue might be whether the ECB can legitimately be said to have 'conscientiously taken these views into account,' given that it has just carried on with its proposals, regardless.

To judge from the ECB's repeated emphasis that "This new competition isn't aimed at you guys (the existing members)," then it seems to me that the ECB response seems to have amounted to "You don't like it? Oh, okay, we don't care what you think anyway, because this ""isn't aimed at you.""

Would that constitute 'conscientious consideration of the responses,'............?

Who knows, but if this case goes ahead then I suspect that we might be about to find out..

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