Lord Pityme Posted June 17, 2015 Author Report Share Posted June 17, 2015 (edited) Only if that is charged alongside another criminal act. I'm telling you now, that if the incident was to be passed on to the PF, it would be laughed out of the office. And even if it did somehow make it to court, a judge would laugh it out of the courtroom. There is absolutely zero chance of this ever resulting in a criminal conviction.I don't think anyone suggested it was going to court as an assault case. My point, which still stands is Thommo has admitted, and part compensated the boy for a reckless act that resulted in a serious injury to an innocent party. No employer can be held responsible for an act like this unless the club condoned a culture of lobbing spiked poles at each other during training. Therefor it is reasonable to conclude a company insurance policy would not be obliged to payout for an individual employees reckless act as... The club took all reasonable steps to ensure this type of incident didn't happen.The blame, and claim lie with Thommo! However all parties involved could come to a compromise situation, just doesn't look good for Thommo getting a new deal if he's cost the club a hefty sum? Edited June 17, 2015 by Lord Pityme Quote Link to comment Share on other sites More sharing options...
pod Posted June 17, 2015 Report Share Posted June 17, 2015 I don't think anyone suggested it was going to court as an assault case. My point, which still stands is Thommo has admitted, and part compensated the boy for a reckless act that resulted in a serious injury to an innocent party. No employer can be held responsible for an act like this unless the club condoned a culture of lobbing spiked poles at each other during training. Therefor it is reasonable to conclude a company insurance policy would not be obliged to payout for an individual employees reckless act as... The club took all reasonable steps to ensure this type of incident didn't happen. The blame, and claim lie with Thommo! However all parties involved could come to a compromise situation, just doesn't look good for Thommo getting a new deal if he's cost the club a hefty sum? But it did. Quote Link to comment Share on other sites More sharing options...
BLF Posted June 17, 2015 Report Share Posted June 17, 2015 I don't think anyone suggested it was going to court as an assault case. My point, which still stands is Thommo has admitted, and part compensated the boy for a reckless act that resulted in a serious injury to an innocent party. No employer can be held responsible for an act like this unless the club condoned a culture of lobbing spiked poles at each other during training. Therefor it is reasonable to conclude a company insurance policy would not be obliged to payout for an individual employees reckless act as... The club took all reasonable steps to ensure this type of incident didn't happen. The blame, and claim lie with Thommo! However all parties involved could come to a compromise situation, just doesn't look good for Thommo getting a new deal if he's cost the club a hefty sum? Typical EL wording would state: "We will pay the amount of damages for which you, or any of the additional persons insured, are liable at law and claim costs in respect of accidental bodily injury to any employed person caused during the period of insurance and arising out of and in the course of their employment by you in connection with the business." Quote Link to comment Share on other sites More sharing options...
rabuddies Posted June 17, 2015 Report Share Posted June 17, 2015 For all those in the know who say it's nothing to do with the club, you might be right! But the great thing about our legal system is if you think there is fault you can test it in court and if it runs, it runs - and it can affect how the law is interpreted in future cases. Remember, we are Paisley, we are the "snail in a bottle". (Google it if you need to?) Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 17, 2015 Author Report Share Posted June 17, 2015 Typical EL wording would state: "We will pay the amount of damages for which you, or any of the additional persons insured, are liable at law and claim costs in respect of accidental bodily injury to any employed person caused during the period of insurance and arising out of and in the course of their employment by you in connection with the business." Typical EL wording would state: "We will pay the amount of damages for which you, or any of the additional persons insured, are liable at law and claim costs in respect of accidental bodily injury to any employed person caused during the period of insurance and arising out of and in the course of their employment by you in connection with the business." Again that leads to Thommo being pursued for the dough. Quote Link to comment Share on other sites More sharing options...
BaldyOzBud Posted June 17, 2015 Report Share Posted June 17, 2015 For all those in the know who say it's nothing to do with the club, you might be right! But the great thing about our legal system is if you think there is fault you can test it in court and if it runs, it runs - and it can affect how the law is interpreted in future cases. Remember, we are Paisley, we are the "snail in a bottle". (Google it if you need to?) Good old Donoghue v Stevenson, I'll never forget that lecture Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 17, 2015 Report Share Posted June 17, 2015 Only if that is charged alongside another criminal act. I'm telling you now, that if the incident was to be passed on to the PF, it would be laughed out of the office. And even if it did somehow make it to court, a judge would laugh it out of the courtroom. There is absolutely zero chance of this ever resulting in a criminal conviction. This would suggest otherwise Reckless conduct is a rash or careless act that is a gross deviation from the standard of care a reasonable person would exhibit under similar circumstances. Someone who has behaved recklessly will have knowingly taken a risk that will have put others in danger. The recklessness standard is treated much more seriously than the negligence standard, because of the person’s disregard that harm could come to other people by their behavior. However, to be found guilty of reckless conduct, courts will use an objective standard, meaning that it does not actually matter what the reckless person was thinking at the time. If the person’s actions deviate far enough from how a reasonable person would act, they will be found guilty and/or liable for reckless conduct. Unless you have an insight into the fiscals service Quote Link to comment Share on other sites More sharing options...
Buddie Marvelous Posted June 17, 2015 Report Share Posted June 17, 2015 Bud, no they don't, this wasn't an "accident" he didn't fall on the spear. It was thrown. Quite what Thommo was thinking about god knows and this will always stay with him. Some morons on here are stating its cause he wants away. Ok go to work tomorrow, get an object thrown at you , have to be off work and need rehab to put right----- then laugh it off as one of these things. Personally I hope Thommo is left high and dry by Club. He wants to stay, fact is he is past it. Legend yes, so was McGarvey but I don't want im up front either. Knickers untwisted Ofcourse it was an accident! Whether it was thrown or not isn't an issue, it's whether it was deliberate or not. And ofcourse it was not. If Thommo intentionaly hurt McGinn then he could be sued. However, just like in any other walk of life accidents do happen and the clubs insurance will cover that. To say you hope Thommo is left high and dry is quite sick. Lets hope you're not involved in any accidents friend. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 17, 2015 Report Share Posted June 17, 2015 (edited) This would suggest otherwise Reckless conduct is a rash or careless act that is a gross deviation from the standard of care a reasonable person would exhibit under similar circumstances. Someone who has behaved recklessly will have knowingly taken a risk that will have put others in danger. The recklessness standard is treated much more seriously than the negligence standard, because of the person’s disregard that harm could come to other people by their behavior. However, to be found guilty of reckless conduct, courts will use an objective standard, meaning that it does not actually matter what the reckless person was thinking at the time. If the person’s actions deviate far enough from how a reasonable person would act, they will be found guilty and/or liable for reckless conduct. Unless you have an insight into the fiscals service Here is what I have:7 years experience teaching criminal law and advanced criminal law. 2 years experience teaching criminal justice and policing. 3 years experience as an independent consultant to another Scottish University in the area of criminal law. 4 years experience as an independent consultant to a London University in the areas of criminal law and advanced criminal law. 2 years experience working in the Scottish Courts. I was working at the Scottish Parliament yesterday with a researcher from the Justice Committee. I am delivering a joint session this coming Monday with the Principal Procurator Fiscal Depute. And yes, I do have an insight into the fiscals service. Edited June 17, 2015 by zurich_allan Quote Link to comment Share on other sites More sharing options...
pozbaird Posted June 17, 2015 Report Share Posted June 17, 2015 Here is what I have: 7 years experience teaching criminal law and advanced criminal law. 2 years experience teaching criminal justice and policing. 3 years experience as an independent consultant to another Scottish University in the area of criminal law. 4 years experience as an independent consultant to a London University in the areas of criminal law and advanced criminal law. 2 years experience working in the Scottish Courts. I was working at the Scottish Parliament yesterday with a researcher from the Justice Committee. I am delivering a joint session this coming Monday with the Principal Procurator Fiscal Depute. And yes, I do have an insight into the fiscals service. All very good, but your short game is dodgy and your putting is erratic. Get it sorted! Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 17, 2015 Report Share Posted June 17, 2015 All very good, but your short game is dodgy and your putting is erratic. Get it sorted! I'll have you know that my putting is not erratic. It's consistently terrible! I blame Cheesy. Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 18, 2015 Report Share Posted June 18, 2015 (edited) Please ask her opinion on this scenario then report back if you would Edited June 18, 2015 by Lethal89 Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 18, 2015 Report Share Posted June 18, 2015 Please ask her opinion on this scenario then report back if you would That's actually a good idea, I will try to remember to ask her on Monday. I might actually pop a message to one of my friends who has been a fiscal depute since about 2008 initially in Glasgow and now in Ayrshire, as that might be quicker. Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 18, 2015 Report Share Posted June 18, 2015 I'm sure you will have more to think about when speaking to such a delightful lady. It's all open to interpretation and opinion the beauty of common law!! Quote Link to comment Share on other sites More sharing options...
northendsaint Posted June 22, 2015 Report Share Posted June 22, 2015 Here is what I have: 7 years experience teaching criminal law and advanced criminal law. 2 years experience teaching criminal justice and policing. 3 years experience as an independent consultant to another Scottish University in the area of criminal law. 4 years experience as an independent consultant to a London University in the areas of criminal law and advanced criminal law. 2 years experience working in the Scottish Courts. I was working at the Scottish Parliament yesterday with a researcher from the Justice Committee. I am delivering a joint session this coming Monday with the Principal Procurator Fiscal Depute. And yes, I do have an insight into the fiscals service. Fecks sake.Here was me thinking all our fans were numpties as well. Quote Link to comment Share on other sites More sharing options...
stlucifer Posted June 22, 2015 Report Share Posted June 22, 2015 Fecks sake.Here was me thinking all our fans were numpties as well. Lest we forget. Self praise is no honour. Quote Link to comment Share on other sites More sharing options...
rea Posted June 22, 2015 Report Share Posted June 22, 2015 I don't think anyone suggested it was going to court as an assault case. My point, which still stands is Thommo has admitted, and part compensated the boy for a reckless act that resulted in a serious injury to an innocent party. No employer can be held responsible for an act like this unless the club condoned a culture of lobbing spiked poles at each other during training. Therefor it is reasonable to conclude a company insurance policy would not be obliged to payout for an individual employees reckless act as... The club took all reasonable steps to ensure this type of incident didn't happen. The blame, and claim lie with Thommo! However all parties involved could come to a compromise situation, just doesn't look good for Thommo getting a new deal if he's cost the club a hefty sum? Wrong, will be cover under the EL insurance policy of the Club. If it is a significant payout however it could lead to a hike in the premium in the future. A lawyer will go after the easiest and quickest source of compensation and that is the employees EL policy Quote Link to comment Share on other sites More sharing options...
Magic Monkey Posted June 22, 2015 Report Share Posted June 22, 2015 Wrong, will be cover under the EL insurance policy of the Club. It makes no difference how many times this is repeated no here, people are paying no attention. Quote Link to comment Share on other sites More sharing options...
dr rotund Posted June 22, 2015 Report Share Posted June 22, 2015 Give us a signing and we forget about this. Looks like John is moving on, his choice. Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 22, 2015 Author Report Share Posted June 22, 2015 Wrong, will be cover under the EL insurance policy of the Club. If it is a significant payout however it could lead to a hike in the premium in the future. A lawyer will go after the easiest and quickest source of compensation and that is the employees EL policy Hey...hey... Dick rides again! Nice to see an auld die-hard saints fan back in the fold, even if its only in a trolling capacity. Looked out for you at the supporters direct gig at Hampden at the weekend.... didnae see yae.... Had to drop off those rotten tomatoes at the petting corner in Barshaw. One of my mates got me into a bit of Christopher Lee fest on Saturday night, we did all the Hammer movies, and the Lord of The rings trilogy, but got caught out in the early hours on Netflix with what we thought was one of the great mans classics..... But turned out to be a Yorkshire based soft porn production titled... The Devil Rides Owt...! Eh, who knew? Anyway yir wrang, forget about EL legislation, to trigger an insurance payout there needs to be a policy in place with a clause that covers a completely reckless, unlawful, dangerous and feckin stupid act... Now if there is an insurance company out there with such a policy they would be bankrupt in a week. Like I said way back, Thommo has admitted guilt and liability by already paying out, he is the easy target, will the club pay for his act of stupidity? Hmmm we'll see. Quote Link to comment Share on other sites More sharing options...
Isle Of Bute Saint Posted June 22, 2015 Report Share Posted June 22, 2015 Hey...hey... Dick rides again! Nice to see an auld die-hard saints fan back in the fold, even if its only in a trolling capacity. Looked out for you at the supporters direct gig at Hampden at the weekend.... didnae see yae.... Had to drop off those rotten tomatoes at the petting corner in Barshaw. One of my mates got me into a bit of Christopher Lee fest on Saturday night, we did all the Hammer movies, and the Lord of The rings trilogy, but got caught out in the early hours on Netflix with what we thought was one of the great mans classics..... But turned out to be a Yorkshire based soft porn production titled... The Devil Rides Owt...! Eh, who knew? Anyway yir wrang, forget about EL legislation, to trigger an insurance payout there needs to be a policy in place with a clause that covers a completely reckless, unlawful, dangerous and feckin stupid act... Now if there is an insurance company out there with such a policy they would be bankrupt in a week. Like I said way back, Thommo has admitted guilt and liability by already paying out, he is the easy target, will the club pay for his act of stupidity? Hmmm we'll see. bloody hell ! Quote Link to comment Share on other sites More sharing options...
JJ McG Posted June 22, 2015 Report Share Posted June 22, 2015 bloody hell ! My thoughts also. Quote Link to comment Share on other sites More sharing options...
insaintee Posted June 22, 2015 Report Share Posted June 22, 2015 Bit of perpective, I got 4 grand for some arsehole running his taxi into the back of my car and keeping me off work for two months. How much for a scratch on the leg? Quote Link to comment Share on other sites More sharing options...
rea Posted June 22, 2015 Report Share Posted June 22, 2015 (edited) Hey...hey... Dick rides again! Nice to see an auld die-hard saints fan back in the fold, even if its only in a trolling capacity. Looked out for you at the supporters direct gig at Hampden at the weekend.... didnae see yae.... Had to drop off those rotten tomatoes at the petting corner in Barshaw. One of my mates got me into a bit of Christopher Lee fest on Saturday night, we did all the Hammer movies, and the Lord of The rings trilogy, but got caught out in the early hours on Netflix with what we thought was one of the great mans classics..... But turned out to be a Yorkshire based soft porn production titled... The Devil Rides Owt...! Eh, who knew? Anyway yir wrang, forget about EL legislation, to trigger an insurance payout there needs to be a policy in place with a clause that covers a completely reckless, unlawful, dangerous and feckin stupid act... Now if there is an insurance company out there with such a policy they would be bankrupt in a week. Like I said way back, Thommo has admitted guilt and liability by already paying out, he is the easy target, will the club pay for his act of stupidity? Hmmm we'll see. Lol....you really have no idea what you are talking about.... ...but do keep telling me how EL insurance policies work...especially ones i placed if i had known you were going to be at Hampden.... then to be honest i still would not have been there. Glad you enjoyed the Conf, maybe see you next year Edited June 22, 2015 by rea Quote Link to comment Share on other sites More sharing options...
Stu Posted June 22, 2015 Report Share Posted June 22, 2015 Hey...hey... Dick rides again! Nice to see an auld die-hard saints fan back in the fold, even if its only in a trolling capacity. Looked out for you at the supporters direct gig at Hampden at the weekend.... didnae see yae.... Had to drop off those rotten tomatoes at the petting corner in Barshaw. One of my mates got me into a bit of Christopher Lee fest on Saturday night, we did all the Hammer movies, and the Lord of The rings trilogy, but got caught out in the early hours on Netflix with what we thought was one of the great mans classics..... But turned out to be a Yorkshire based soft porn production titled... The Devil Rides Owt...! Eh, who knew? Anyway yir wrang, forget about EL legislation, to trigger an insurance payout there needs to be a policy in place with a clause that covers a completely reckless, unlawful, dangerous and feckin stupid act... Now if there is an insurance company out there with such a policy they would be bankrupt in a week. Like I said way back, Thommo has admitted guilt and liability by already paying out, he is the easy target, will the club pay for his act of stupidity? Hmmm we'll see. Close the thread. In fact, close the forum. You ain't getting a better post all day than Lord Pityme accusing someone else of trolling. Quote Link to comment Share on other sites More sharing options...
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