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  • KB1958
    replied
    Utccr 1999

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  • KB1958
    replied
    @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.

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  • Chemistry
    replied
    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.

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  • KB1958
    replied
    @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?

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  • KB1958
    replied
    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

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  • Chemistry
    replied
    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?.

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  • KB1958
    replied
    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.

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  • KB1958
    replied
    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

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  • Chemistry
    replied
    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.

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  • KB1958
    replied
    @ 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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  • Chemistry
    replied
    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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  • KB1958
    replied
    @ 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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  • Chemistry
    replied
    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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  • KB1958
    replied
    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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  • KB1958
    replied
    @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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