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Posted by: John Brace | 11th August 2015

Allegations in eviction court case started by Wirral Council were struck out by Judge

Allegations in eviction court case started by Wirral Council were struck out by Judge

                                              

Those with long memories might remember reading a story on this blog a month ago headlined 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? which detailed a legal case where Wirral Council (acting on behalf of Leasowe Community Homes) had tried to have a former Leasowe Community Homes tenant called Danielle New evicted.

Sadly not all the court orders were sent to me. I emailed the Birkenhead County Court on the 13th July (using the email address on their letter) pointing out that a court order dated 9th October 2013 had not been included, only to receive an automated reply stating “The recipient’s e-mail address was not found in the recipient’s e-mail system.”

I tracked down the correct e-mail address, resent the email, but pointed out the incorrect e-mail on the letter. Birkenhead County Court have written to me in a letter received today apologising for the incorrect email address and have pointed out that both the email address and fax number for Birkenhead County Court have recently changed.

The letter also included a copy of the court order dated 9th October 2013 which is below. Interestingly this court order shows that District Judge Peake struck out the schedule of allegations filed by letter dated 26th September 2013 as it didn’t comply with the court’s directive of the 12th September 2013 that it should be reduced to no more than 12 individual allegations. Unusually this was a court order made without a hearing and without service on the other party.

Birkenhead County Court order Leasowe Community Homes v Danielle New 9th October 2013

Birkenhead County Court order Leasowe Community Homes v Danielle New 9th October 2013

The invoice below shows that the allegations in a letter dated 26th September 2013 struck out by the Judge were sent on the instructions of a solicitor working at Wirral Council to Paul Burns of Exchange Chambers.

Wirral Council invoice Paul Burns Exchange Chambers 22nd November 2013 Page 1 of 2 £4210 115

Wirral Council invoice Paul Burns Exchange Chambers 22nd November 2013 Page 1 of 2 £4210 115

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Responses

  1. Mr Brace, if you remember I answered to that Blog, that if Ms New had known what she was doing she could have had the Order set aside. I am aware of several cases were this has been done. It appears to have been what is known as a ” Consensual Order ” I would expect that a Certain party has been around to see Ms New and somehow got her to leave Voluntarily.
    If you look at the Upton Pony Club Case, there was always a nagging doubt
    in my mind that the same person or persons had been around to them and tried the same thing and due to the fact that you had two campaigners instead of a Qualified Solicitor/Queens Counsel the result of that case may have been different.
    You will also find a number of Council Employee’s, as well as Rotherhams have a similar approach when it comes to Detective Work (Ha, Ha), Threaten and Intimidate, then try the Legal Route. I know because Lambert tried it first and then Rotherham tried it himself on the 1st October 2014. Both of them must think I am stupid, the neighbour also.
    Hence my previous answers to the other Blogs. Now who would you say was stupid Fraudster(s) being ripped off by other Fraudsters or me. I will leave that one for you to answer.

    • Sorry Mr Brace, the Council also tried it on in the Civil Division of the Magistrates Court with me, over Council Tax and we have ended up with 4 Thefts and an Abuse of Process, at the least. Ms Ward would know about that and her side kick the Solicitor ” Wait Outside, she will come and see you ” That is beside Lambert and/or Sharrock playing with the Documentation before the Court. This Council, DWP, CPS through Favours for each other have committed between them quite a number of Offences (Criminal – Not Civil) I went passed the Civil Stage some years ago. I would suggest yet again that these people throw their hand in and admit what they have done before the hand is placed on their shoulders

      • Mr Brace I would say without looking it up again it was a Ms Ward or Hunt

    • In relation to Ms New, the Judge was being FAIR and JUST when he struck out the Overly amount of Incidents from the Application, as he himself may have come to the Conclusion, that the Applicant was merely showboating to get a better Press, how they did what they did and let it be a lesson to all the people out there at what we can do

  2. Mr Brace, The Book does not stop there of Course, we all so have the others involved in this, the ones who work along side the above, to ensure a Fair and Due Process of LAW. I have come to the conclusion that everybody connected to this is out for MONEY.


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