Cheers NWND - what do you make of the proceedings so far, much cause for concern?
Well i'm not an expert by any means, but in my own personal opinion while anyone willing to attend court has a case (and therefore a chance), the case does appear to be weak.
You have to look at it in the wider context, in that ultimately what the judge will be looking at is this;
Archway can dig out as many insinuations, accusation, dirt, they could prove Spurs covered stuff up, they could prove Spurs and Haringey lied blah blah blah. There's a court of appeal case where Mr Justice Park stated that sometimes litigants lie to improve prospects of a 'good' claim. He stated that while it was deplorable that they lied, should they lose the case? If their case was a good one anyway, then no.
Archway have attempted to imply that Spurs have pulled the wool over Haringey and the SoS's eyes in terms of our intentions of the land and that the SoS in particular wasn't given the full picture and that there is no guarantee that Spurs are committed to the project, therefore the CPO isn't valid.
However, not only have they no actual evidence of dishonest intentions on the part of Spurs (and I believe their counsel acting on instruction has very much watered down Archway's arguments to insinuation due to lack of any evidence - as it is against the bar code of conduct to accuse someone of wrong doing in proceedings without material evidence), but even if they could prove without doubt that Spurs withheld information or misled the SoS (a fact that has been denied by Spurs, the council and the SoS), but ultimately, if the case for the CPO was a good one anyway, it makes no difference.
Archway's argument that Spurs could just abandon the project and move elsewhere is flimsy in the extreme as the only thing that would make this a reality is Archway and the failure to grant a CPO against their land.
Their argument that Haringey and SoS's decision to grant and ratify the CPO were based on a scheme Spurs planned to materially change is even flimsier, as ultimately, if there is still to be
a scheme of any description that involves substantial regeneration of the local area, then the grounds for granting a CPO have been met. The fact that the stadium may well be 61,000 capacity rather than 56 and may feature a roof that supporters can walk on and the flats might be moved to the other side of the site or whatever is neither here nor there.
Ultimately it will come down to the fact that Archway's arguments could be put forward by any landowner subject of a CPO in that any project will be subject to alteration or change until it is complete and that there are also never any 100% guarantee of any project being successfully completed.
I believe that the judge will find the following:
*Haringey had the relevant authority and grounds to grant the CPO and that the decision to do so was arrived at after sufficient scrutiny of the case, project and plans presented;
*The Sos properly considered all of the evidence available and was aware that the plans and project was subject to change and that any possible or likely changes would not have impacted his decision to ratify the CPO, being that they were not material to the legitimacy of the CPO (i.e. whatever version of the scheme ended up being taken forward to completion would have led to long-term regeneration of the area and long term benefits in keeping with the intention of the CPO);
*That Spurs were committed to the stadium and local regeneration projects and had demonstrated viability and funding to the necessary standards.
To be honest, if all Archway had to bring to the table was what we've seen, I am utterly shocked that they were not advised against the appeal by their solicitors. Although I guess they may have seen it as they had nothing much to lose having accumulated significant legal costs already?