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Posted by: John Brace | 5th February 2014

Wirral Borough Council v Kane & Woodley (a case about Fernbank Farm) returns to Birkenhead County Court for Trial

Wirral Borough Council v Kane & Woodley (a case about Fernbank Farm) returns to Birkenhead County Court for Trial

                          

The court case involving Wirral Council seeking a possession order for Fernbank Farm is listed for a fast track trial at Birkenhead County Court on the 13th February 2014 starting at 10 am in front of District Judge Woodburn.

The previous hearing in this case (Wirral Borough Council -v- Kane & Woodley case number 3BI05210) was reported as an exclusive by this blog in two parts. These are the links to the previous detailed blog posts on part 1 of the November hearing in Wirral Borough Council v Kane & Woodley and part 2 of the November hearing in Wirral Borough Council v Kane & Woodley.

To recap what happened at the previous hearing, Wirral Council was keen that the case moved ahead and as the defendants had run out of money to pay for legal representation, Cllr Ian Lewis offered to represent them both. The defendants were asked to file witness statements. As the case is now listed for trial and at that hearing the Deputy District Judge told the defendants that if they didn’t file witness statements that judgement would be entered in favour of Wirral Council, they must have done so.

The case is proceeding on the basis of it being a part 8 claim. The trial is expected to last two and half hours, with half an hour set aside for District Judge Woodburn to read through the case. At the end of the trial the issue of costs will be decided.

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Responses

  1. This site was neglected for years by Wirral Council. This group brought it back to life and provided a community facility at very little cost to the public purse. So it seems that the God of Mammon now prevails and The Council bring out their usual bully boy and thug tactics and no doubt,there will be a ‘favourable spin’ applied!

    • I’ll do my best to be at Birkenhead County Court on the 13th February and write a full account of what happens on this blog.

      However on the public policy side, Wirral Council have been selling off a lot of its assets recently, with a further dozen sites on the Wirral that are going to auction later this month.


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