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Posted by: John Brace | 14th July 2015

Why did residents endure 11 years of antisocial behaviour from the neighbour from "hell" before Wirral Council took legal action to try to have a tenant evicted?

Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

                                                                

Earlier this year I blogged about a bunch of invoices for legal work paid by Wirral Council during the 2013/14 financial year.

3 pages of those invoices were for the professional fees of Mr Paul Burns of Exchange Chambers instructed by a solicitor working at Wirral Council called Ali Bayatti.

The case involved a landlord as the Claimant (Leasowe Community Homes) and a person called Danielle New as the defendant. Those details were blacked out on the pages of invoices supplied by Wirral Council, even though s.15 of the Audit Commission Act 1998 c.18 doesn’t allow Wirral Council to black out such details.

The Claimant (Leasowe Community Homes Ltd) had rented 81 Grant Road, Leasowe, Wirral, CH62 2RU to the tenant Danielle New for £88.44/week (which was paid by housing benefit) from the 29th April 2002.

Wirral Council were acting as the solicitors for Leasowe Community Homes Ltd. Wirral Council’s Ali Bayatti then instructed Mr Paul Burns of Exchange Chambers to deal with some of the matters in the case.

The case basically had two elements. One part was to ask the court’s for a possession order to evict Danielle New, the other part was in relation to anti-social behaviour.

There are a dozen court orders in this matter (and references to some more that I don’t have). However this case starts on the 12th August 2013 when a “Claim form for possession of property” (N5) was filed with the Birkenhead County Court (see below).

Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2

Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2

Leasowe Community Homes v Danielle  New Claim form for possession of property Page 2 of 2

Leasowe Community Homes v Danielle New Claim form for possession of property Page 2 of 2

With the N5 Claim form was also attached the 4 page “Particulars of claim for possession (rented residential premises)” (form N119 see below).

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 1 of 4

Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 1 of 4

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 2 of 4

Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 2 of 4

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 3 of 4

Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 3 of 4

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 4 of 4

Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 4 of 4

Also attached was ten pages titled “Additional Particulars of Claim” (see below). These pages detail the reasons behind the case and make for interesting reading (although for the sensitive readers I will point out they contain bad language and accusations of racism)!

Leasowe Community Homes v Danielle New New Additional Particulars of Claim Page 1 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 1 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10

Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10

Danielle New contested the allegations and there are many court orders from both Birkenhead County Court and Liverpool County Court in this matter (see below). The matter didn’t go to trial. Reference is made on one of the court orders to “a detailed assessment of the defendant’s publicly funded costs”, so presumably the defendant’s legal costs were paid for through legal aid. Court orders below are in reverse chronological order.

Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)

Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)

Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)

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Responses

  1. G’day John

    Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

    Well John I would like to ask that “Blinking CEO” why “Highbrow” and I have had to endure 4 years of antisocial behaviour from Senior Council Officers?

    All we did was report a theft of about £2,000,000.00 and we have been lied to and about £250,000.00 spent of Wirral Taxpayers money defending those lies and letting Wirral “Funny” Bizz escape scot free.

    “Spotty Dog” must wonder why I insult his ridiculous senior officers on a daily basis in such a childish manner?

    My words, “Highbrow” and I must have about 70 years accounting and auditing experience between us and we can smell a rat.

    Adderley and his gang are rats and not fit for public service after treating us like fools.

    So “Ecca” me “Old Spotty Dog” the insults will continue until the Wirral “Funny” Bizz matter is dealt with correctly.

    Ooroo

    James

    Adderley is a fantasist and a liar.

    Adderley is a fantasist and a liar.

    Adderley is a fantasist and a liar.

    • Although you didn’t mention him, I unexpectedly saw Graham Burgess when I was changing trains today at Liverpool Central and we had a brief chat.

      I won’t say what we talked about!

      However my view is (although I’ll make it clear we didn’t talk about this) was that he did his best to stick to his promise at the Improvement Board meeting to shed light on BIG/ISUS matters and the special meeting of the Audit and Risk Management Committee was Wirral Council’s response to that promise.

      I don’t think there will be further progress until DCLG release their audit report.

      • G’day John

        Did he blither like the 29 mistakes in 7 seconds interview on Radio Merseyside?

        I was lied to by Adderley over four years ago and he kept paying criminals for eighteen months after that.

        I have been on the dole since I saw Adderley and Basnett and they have been paid how many millions for giving public monies away hand over fist.

        How do they treat their loved ones?

        How could anyone respect these scumbags.

        Ooroo

        James

        Did Gra Gra send his to me “Highbrow” Cardin and Morton.

        Good Riddance, how many £48,000.00 cheques were given to them and close ones. Particularly close in that “Open Golf House”?

        • In answer to your first question no, but I wasn’t interviewing him.

  2. Hi John no wonder they call it the Clown Hall 11 years of misery endured by neighbours & what did the council do the phrase B++++R ALL comes to mind except procrastinate & waste taxpayers monies on legal fees instead of evicting the foul mouthed outcast. God help the next set of neighbours when she and her brood are rehoused. What did social services do may I ask.

  3. Mr Brace,
    You will find that Damage Limitation comes before the Ordinary citizen these days. They were indeed quick enough when it came to the Pony Club eviction when they wanted the Land to Sell off.
    In some of your Blogs, you have mentioned Unsigned Contracts, these should be examined more closely. I have heard it said from time to time, if you do not have a Contract, you have a Conspiracy.
    What these people do not realise is that when the ability to Locally Govern, is impaired through Corruption that all the other functions of the Council are affected and had that Lady had the ability to Appeal, the Eviction may well have never taken place and the people from hell, would still be there.
    Procurement, Governance, etc are Important functions and should any of these fail or procedures overridden, leaves both Officers and Councillors open to review.

    Bring in the Police and Administration – Mr Robinson!!!!!

    • Well done Reps

      “Ecca” “Spotty Dog” “Blinking CEO” go ask Addled how many Wirral “Funny” Bizz contracts weren’t signed and you will catch him out lying for yourself.

      The man is not fit to earn the dole let alone £100,000.00 per year.

      Ooroo

      James

  4. Thanks Mr G


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