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    K,my post was in response to your question that you felt that you had a grounds for appeal and invited comments. As stated before, good luck.


      Originally posted by kburgoyne View Post
      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.
      @ chem I asked if the judgement was correct


        I've been advised elsewhere that unless I've misrepresented the facts and/or the defendant has not mistakenly or inadvertently given the counsels opinion to me then the defendant has waived the right of privilege.

        It was considered that I have not been asked to hand back or destroy my copy of the opinion.

        All things considered I have been advised it seems I have a case for appeal.


          K,I am very cautious when posting on this matter I seem to rile you. However,I really think that your situation is very interesting hence why I have followed your thread. However, can I please clarify; You want to appeal the decision not to amend your particulars of claim because the Judge decided that the counsel's opinion was deemed to be a privileged document? and therefore, do not form part of the proceedings?. You may find Lipkin Gorman v Karpnale Ltd [1989] 1 WLR 1340 useful. I haven't read this case myself but it seems to address the matter about statements of case at trial.
          Have you enquired as to the cost of issuing an appeal?.


            Cheers Chem, Permission to and appeal applied for also asked for a stay on costs?

            Something else I discovered last night. OFT unfair tenancy.

            1) Sched 2 para i, irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract.

            2) regualtion 7, A seller or supplier shall ensure that any written trem of a contract is expressed in plain intelligible language.

            My agreement with the landlord started in 2001, I did not know of or catch sight of the leaseholders lease until 2011. Yet the landlord agrues it is binding. Also the lease as with many leases is written in legal jargon and terms I do not understand.

            Your comments are as always welcome thanks


              @Chem. Hmm got where your going there but I can't see how they can argue a change in defence when at the time of the hearing the Opinion was part of the trial bundle and indeed the Solicitors for the defendant placed it there and at no point have they tried to reverse that or have they asked for its return?


                Unfair tenancy terms?, I have not heard of this. Do you mean unfair contract terms?. K, please do not take offence but I am beginning to think that your post is a wind up!; I can't believe that you have already submiited an appeal when the original hearing hasn't even started.


                  @chem UTCCR 1998. Check it OFT have proved tenancy is a consumer contract case law in their favour. As for a wind up directions hearings are part of the process therefore for can be appealled. Please don't take offence but I think you have a lot to learn before you start making judgements on peoples cases.


                    Utccr 1999


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