possession

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    #46
    In 6 hours I'll be sitting in a room with a man who has my children under the threat off homelessness because his client made a mistake?

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      #47
      Originally posted by kburgoyne View Post
      Sorry for the double post Counsel for the Landlord has advised that they should not seek an order for possession but rather the leaseholder should.
      That was exactly the point I was going to make if you said you were suing the landlord. If someone is in possession of land only someone with a better right to possession can claim possession against him. The landlord has no right to possession because he granted a lease to the leaseholder.

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        #48
        @lawcruncher

        I've raised the question of the landlord counterclaim being legitimate in the directions sought asked by the judge, so hoepfully that will be dicussed today. No doubt they will say their claim is lawful while acting as her agents?

        trivia for you, the leaseholder has her flat for sale without any outside space I have checked with the agents and had this confirmed. ? if the landlord has purchased her outside space what does that mean?

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          #49
          5 mins before.the hearing counsel and solicitor for the landlord hereg

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            #50
            Application to amend particulars of claim failed cost award to defendant new date to be set on original claim. Judge awarded only Counsels fees and refused defendants solicitors costs.

            Separate claim should be made for the new headings.

            Was asked what I wanted, by counsel and solicitor for the defendant. They will get back to me?

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              #51
              K- thanks for the feedback. Congratulations- you have at least managed to buy time and demonstrate you mean business with the other party. Am I correct to deduce that your application to amend the particulars of claim was rejected but the judge limited these costs to counsel fees?

              You haven't explained what the new headings are? are they the claims for illegal eviction etc? that you referred to in your earlier posts?

              You haven't stated the terms of reference for negoiation - I guess there will be a cost - benefit analysis undertaken by the defendants. My only concern foryou is that HA's often prefer to spend vasts amonts of money in legal costs.

              Did the Judge get round to even making a decision on title/access to the garden?

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                #52
                The original application for monies owed and stress and suffering caused still stands, the judge onlly ruled on my amendment of application which included breaches of the housing, eviction and harassment acts (nothing else)

                Maybe some can advise on this because it does not seem right:-

                The defendant filed counsels opinion as not to be disclosed however it was listed in the documents filed with the court but not filed. So I asked that I recieve it, reluctantly they sent me a copy. This lead me to changing my partculars of claim to include the acts mentioned. However the judge ruled that as this document is priviledged information a court would not have ruled it should be disclosed because of this the judge said he could not consider any information in that document as a reason to amend my application? As I had no ther reason to change my application it was refused and reduced costs of £950 counsel fees where awarded to the defendant he did not allow £800 solicitors fees.

                Finally they have now moved the goal posts on the without prejudice agreement after court, obviously I cannot discuss what this involves but we are still discussing.

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                  #53
                  It seems to me that that the document that was presented by counsel was a skeleton arguement in response to your claim for damages regarding the garden and coal shed. I believe, but am not sure of this aspect that skeleton arguements do not form part of a formal defence and so this may be the reason why the Judge did not accept your application to amend your particulars of claim on this basis.

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                    #54
                    Just another thought:I am surprised that an order for costs was granted when there remains a live case

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                      #55
                      @Chem No it wasn't a skeleton arguement the advise was done before I took court action the HA wanted to know its position on possession but more importantly who had the greater claim against them, myself or the leaseholder of the other flat. I can assure the reason given previously was the reason the judge used to not allow my amended application.

                      Also I said what you said about costs the judge informed me that "you pay as you go" the amended application failed the other side incured costs I've got to pay those costs, costs on the original claim still in the system will be decided separately when that case is concluded.

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                        #56
                        I am willing to file an appeal if someone can give me good reason, just because I think the judges decision is wrong ain't good enough. The defence gave me the opnion but the judge says I can't use it, what is that about????

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                          #57
                          K,if you want to make an application for an appeal you need to demonstrate that the judge erred in their decision. You have provided limited information so I cannot comment; I must admit I have not heard of this "pay as go approach", but I refer to my earlier post, why not accept the segemation of the garden?

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                            #58
                            @ Chem your off on roads I really don't want to go down but to satisfy you and please let this be an end to going over old ground.

                            1) my children freely walk into and use the garden the proposals would stop this, they say thats my problem

                            2) my dog has lived in the garden for 10 years, they say thats my problem.

                            3) the proposals are a massive invasion of privacy to our kitchen, bedroom and bathroom.

                            4) I have spent thousands on the garden over the years, they're not willing to compensate for this

                            5) I say they gave me sole use of the garden so why should I give that up.

                            Back to your reply on my current problem I know I need good reason that's why I'm here in the hope someone can enlighten me

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                              #59
                              K, I understand your passion in this matter; so please if I ask you awkward questions please do not take offence. You can only seek to appealif the judge has made a wrong decision in terms of the law. It seems that the mater hasnot been dtermined as yet and therefore, there appears no grounds for an appeal

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                                #60
                                @ CHEM as stated I need good reason! You are wrong about the appeal the judge has made is decison on my application to amend the claim, that judgement that has incured costs, I can appeal that decision if I have good reason.

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