Portlaoise GAA vs Laois County Board

Started by Bueller, May 18, 2016, 12:15:17 PM

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Downtheroad

€1500 is many ways the starting point. If I'm not mistaken, the DRA is like the courts where a party could get caught for costs if they lose. On a strict interpretation of the rule, Portlaoise shouldn't win but I know of a prominent Portlaoise member  who likes to remind ordinary mortals that Portlaoise don't lose DRA cases.  The reality is that a razor sharp legal mind could drive a bus through the official guide and local byelaws. Over the years, our local Co Board has often tried to use its discretion in granting contentious transfers in what look like hardship cases. While this is well meaning, the problem with discretion is that it leads to precedent and precedent is what is used by the lawyers to undermine the decisions made. I imagine if Portlaoise win, we might as well throw out the byelaws which were approved by Croke Park in the first instance.


Dave like the tv channel

Quote from: Helix on May 26, 2016, 01:04:49 PM
The person in question seeking to transfer from Park Ratheniska to Portlaoise. The person in question already has a sibling in the Portlaoise club. Person looking for transfer hasn't  played with club they're transferring from for over a year to my knowledge. Went to school in area when younger. I hope that's all correct. Don't want to name names on this thread.
Unfortunate situation for the person

Thanks. Yeah, no names required.

Dave like the tv channel

Quote from: Downtheroad on May 26, 2016, 01:17:27 PM
€1500 is many ways the starting point. If I'm not mistaken, the DRA is like the courts where a party could get caught for costs if they lose. On a strict interpretation of the rule, Portlaoise shouldn't win but I know of a prominent Portlaoise member  who likes to remind ordinary mortals that Portlaoise don't lose DRA cases.  The reality is that a razor sharp legal mind could drive a bus through the official guide and local byelaws. Over the years, our local Co Board has often tried to use its discretion in granting contentious transfers in what look like hardship cases. While this is well meaning, the problem with discretion is that it leads to precedent and precedent is what is used by the lawyers to undermine the decisions made. I imagine if Portlaoise win, we might as well throw out the byelaws which were approved by Croke Park in the first instance.

Are the results published? Are decisions made on the night of the case?

Downtheroad

#33
Quote from: Dave like the tv channel on May 26, 2016, 03:32:24 PM
Quote from: Downtheroad on May 26, 2016, 01:17:27 PM
€1500 is many ways the starting point. If I'm not mistaken, the DRA is like the courts where a party could get caught for costs if they lose. On a strict interpretation of the rule, Portlaoise shouldn't win but I know of a prominent Portlaoise member  who likes to remind ordinary mortals that Portlaoise don't lose DRA cases.  The reality is that a razor sharp legal mind could drive a bus through the official guide and local byelaws. Over the years, our local Co Board has often tried to use its discretion in granting contentious transfers in what look like hardship cases. While this is well meaning, the problem with discretion is that it leads to precedent and precedent is what is used by the lawyers to undermine the decisions made. I imagine if Portlaoise win, we might as well throw out the byelaws which were approved by Croke Park in the first instance.

Are the results published? Are decisions made on the night of the case?
Try the following http://www.sportsdra.ie/ Usually there is some delay before decisions appear on website.

Dave like the tv channel


Bueller


Bueller

The fatal night. Portlaoise travel with what I am assured is a THIRTY FIVE PAGE dossier. This is no more about one chap than Nowlan Park was about seats.

Dave like the tv channel

#37
Quote from: Bueller on June 01, 2016, 07:42:26 PM
The fatal night. Portlaoise travel with what I am assured is a THIRTY FIVE PAGE dossier. This is no more about one chap than Nowlan Park was about seats.

Of course not. It's a test case before they push open the floodgates. Portlaoise have lost their dominance at underage level and by God, they're not going to let what happened after the 83 team got old, happen again.

They've already pulled one lad in from PR, another lad in from Ballyfin. The gates are being pushed open and I hope the DRA find against them.

When Portlaoise were at #4 or #5, lads around the county were saying that it was up to other teams to catch-up, rather than drag Portlaoise back. Ballyroan Abbey are doing it. Graigue, Paul's and Port are doing it at underage and Portlaoise have decided that that's not ok.

Bueller

Quote from: Dave like the tv channel on June 02, 2016, 09:54:05 AM
Quote from: Bueller on June 01, 2016, 07:42:26 PM
The fatal night. Portlaoise travel with what I am assured is a THIRTY FIVE PAGE dossier. This is no more about one chap than Nowlan Park was about seats.

Of course not. It's a test case before they push open the floodgates. Portlaoise have lost their dominance at underage level and by God, they're not going to let what happened after the 83 team got old, happen again.

They've already pulled one lad in from PR, another lad in from Ballyfin. The gates are being pushed open and I hope the DRA find against them.

When Portlaoise were at #4 or #5, lads around the county were saying that it was up to other teams to catch-up, rather than drag Portlaoise back. Ballyroan Abbey are doing it. Graigue, Paul's and Port are doing it at underage and Portlaoise have decided that that's not ok.

Portlaoise WIN their case. They are now free to go shopping in any Club they wish inside the parish, from any age. That'll put manners on all those cheeky clubs who thought they could try and challenge them. So long lads.

SCFC

Exactly what is the finding of the DRA? Surely Portlaoise can't just cherry pick the best lads from Clonad, Heath and P/R?

Downtheroad

Quote from: Downtheroad on May 26, 2016, 01:17:27 PM
€1500 is many ways the starting point. If I'm not mistaken, the DRA is like the courts where a party could get caught for costs if they lose. On a strict interpretation of the rule, Portlaoise shouldn't win but I know of a prominent Portlaoise member  who likes to remind ordinary mortals that Portlaoise don't lose DRA cases.  The reality is that a razor sharp legal mind could drive a bus through the official guide and local byelaws. Over the years, our local Co Board has often tried to use its discretion in granting contentious transfers in what look like hardship cases. While this is well meaning, the problem with discretion is that it leads to precedent and precedent is what is used by the lawyers to undermine the decisions made. I imagine if Portlaoise win, we might as well throw out the byelaws which were approved by Croke Park in the first instance.
Here is the preliminary report on website:   This was an application against a decision by the respondents to refuse a transfer of the applicant to Portlaoise GAA club. The application was successful and the transfer sanctioned with immediate effect. The DRA Tribunal chaired by Colm O'Rourke (with legal members David Nohilly and Arran Dowling Hussey) reached a majority verdict and held that, although the respondents at all times acted fairly towards the claimant, the application should nevertheless be deemed successful on the ground that there was an anomaly and ambiguity in the existing Laois bye-laws relating to transfers within the Portlaoise catchment area. The Tribunal further directed that the Laois County Board, through their county committee and convention and usual procedures, work to provide clarity or amend this aspect of their transfer byelaws. Pending that clarification/amendment, this DRA decision is not to be treated as a precedent and is distinguished to its facts. The full written award will follow by the end of the month.

Downtheroad

Quote from: Downtheroad on June 02, 2016, 11:39:44 PM
Quote from: Downtheroad on May 26, 2016, 01:17:27 PM
€1500 is many ways the starting point. If I'm not mistaken, the DRA is like the courts where a party could get caught for costs if they lose. On a strict interpretation of the rule, Portlaoise shouldn't win but I know of a prominent Portlaoise member  who likes to remind ordinary mortals that Portlaoise don't lose DRA cases.  The reality is that a razor sharp legal mind could drive a bus through the official guide and local byelaws. Over the years, our local Co Board has often tried to use its discretion in granting contentious transfers in what look like hardship cases. While this is well meaning, the problem with discretion is that it leads to precedent and precedent is what is used by the lawyers to undermine the decisions made. I imagine if Portlaoise win, we might as well throw out the byelaws which were approved by Croke Park in the first instance.
Here is the preliminary report on website:   This was an application against a decision by the respondents to refuse a transfer of the applicant to Portlaoise GAA club. The application was successful and the transfer sanctioned with immediate effect. The DRA Tribunal chaired by Colm O'Rourke (with legal members David Nohilly and Arran Dowling Hussey) reached a majority verdict and held that, although the respondents at all times acted fairly towards the claimant, the application should nevertheless be deemed successful on the ground that there was an anomaly and ambiguity in the existing Laois bye-laws relating to transfers within the Portlaoise catchment area. The Tribunal further directed that the Laois County Board, through their county committee and convention and usual procedures, work to provide clarity or amend this aspect of their transfer byelaws. Pending that clarification/amendment, this DRA decision is not to be treated as a precedent and is distinguished to its facts. The full written award will follow by the end of the month.
This is an example of the bus been driven through the  byelaws. Nevertheless I await the full decision before commenting further on the facts of the case.

Bueller

Quote from: SCFC on June 02, 2016, 11:35:14 PM
Exactly what is the finding of the DRA? Surely Portlaoise can't just cherry pick the best lads from Clonad, Heath and P/R?
Don't worry, they're only going to take the good ones, they'll leave the average ones. The same as they do with dozens and dozens of young children in the town already. After seeing the U14 League result between Clonad and Portlaoise A last night, I'd be worried this morning if I were a sash man. Time to go shopping again.

Junior Ex Laoistalk

Not much wrong with their U-14s,
QuotePortlaoise GAA   9 - 13
Stradbally Parish Gaels   1 - 4   
Winners are not those who never fail, but those who never quit!

Bueller

#44
Quote from: Junior Ex Laoistalk on June 03, 2016, 02:38:39 PM
Not much wrong with their U-14s,
QuotePortlaoise GAA   9 - 13
Stradbally Parish Gaels   1 - 4   
You sure?

Ballyroan 6-27
Portlaoise 3-3

Port 5-14
Portlaoise 3-3