[blml] What constitutes a frivolous appeal?

[Grattan Endicott]

Grattan Endicott
grandeval at vejez.fsnet .co.uk
[also gesta at tiscali.co.uk]
**********************
"The searcher's eye not seldom 
finds more than he wished to find."
               G.E. Lessing (1779)
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----- Original Message ----- 
From: "Sven Pran" <svenpran at online.no>
To: "blml" <blml at rtflb.org>
Sent: Monday, April 30, 2007 12:24 PM
Subject: Re: [blml] What constitutes a frivolous appeal?


Frankly I resent the question on whether an appeal is 
frivolous to be determined from the outcome of the 
appeal. That question must be answered from a separate 
judgement on whether or not the appellant had sufficient
reasons to request a second consideration of the case.

Regards Sven
<
+=+ The views of an appeals advisor, consultant or 'cuddly' 
(see OB 8A2),  should not be known to the AC. Indeed, 
there is no reason for an AC to know that any such advice 
has been made available to the appellant. 
       I think the question of frivolity must have regard to the 
category/class of player. The cuddly can assist the player to
consider what might render an appeal highly unlikely to 
succeed and to evaluate whether it raises a question of 
principle, an error in applying the law, a grossly inappropriate
value judgement or the like, such as would give the AC no 
cause to dismiss it summarily. But this is only advice; the 
decision whether to appeal is for the appellant to make. He
will be the one arguing that there is serious cause. He just 
needs to have in mind what that is.
        Cuddlies in England are appointed from among senior
players and others well versed in the subject of appeals. At 
international level players are usually considered to be expert,
but not always - some international competitions encourage 
the participation of players who take enjoyment of a lesser 
order.  
                                                   ~ Grattan ~  +=+