What happened during 2.5 days of judicial hearings involving evictions and mortgage repossessions at the Liverpool County Court in 2021?

What happened during 2.5 days of judicial hearings involving evictions and mortgage repossessions at the Liverpool County Court in 2021?

What happened during 2.5 days of judicial hearings involving evictions and mortgage repossessions at the Liverpool County Court in 2021?

                                                          

By John Brace (Editor) and Leonora Brace (Co-Editor)
First publication date: Friday 28th October 2022, 12:00 (BST).

Liverpool Civil & Family Court – where the in person possession hearings this piece is about were heard
Liverpool Civil & Family Court – where the in person possession hearings this piece is about were heard

Please note (as the University of Liverpool is mentioned in this piece) the author (John Brace) in the interests of transparency declares that he and his Co-Editor (Leonora Brace) both had University of Liverpool library cards at the time this piece was written and in the case of the author at the time of publication too.

There was a long delay in publishing this piece on this blog as the embargo on publication was put back from that originally notified to us (originally it was September 2021), then it was put back to late October 2021. Unfortunately around then my Co-Editor Leonora (who would normally agree to the published version before publication) fell ill (and sadly died in mid-January 2022). Then, following a period of bereavement in 2022, I broke my arm (twice in 2022 in mid-July and early September 2022) which further reduced available editing capacity, so my apologies for the unusually long delay in this piece being published (which was originally written in Summer 2021)!

Please note that the names of certain individual parties in this piece such as tenants and those subject to mortgage repossession have been deliberately changed to other fictional names in this article. Where the landlord is an individual I have left his or her name in the piece. In relation to one of the hearings I observed (Bank of Scotland PLC T/A Halifax -v- GJ) a published reporting restrictions order of Deputy District Judge Ellis prevents this blog publishing the name of the Defendant, or information that could lead to the Defendant’s identification who is referred to by the initials GJ.

In respect of the other observed judicial hearings (to which no reporting restrictions apply) an editorial balancing test was undertaken regarding the privacy of the individuals anonymised (those being evicted from their home or having their home repossessed) and the public interest in their real names being placed in the public domain. It was (after a lot of discussion) finally agreed between Leonora and myself that anonymising the names and replacing their names with fictional names (as their consent to publication was not sought before publication) was the most appropriate solution. Any similarity between any of the fictional names chosen and the names of real living individuals is purely coincidental and not intended! Fictional names are indicated with an asterisk (*).

Continue reading “What happened during 2.5 days of judicial hearings involving evictions and mortgage repossessions at the Liverpool County Court in 2021?”

What was the judgment when Lancashire Constabulary requested an anti-social behaviour order against Mr Ponting and why were ÂŁ30,000 costs awarded?

What was the judgment when Lancashire Constabulary requested an anti-social behaviour order against Mr Ponting and why were £30,000 costs awarded?

What was the judgment when Lancashire Constabulary requested an anti-social behaviour order against Mr Ponting and why were £30,000 costs awarded?

                                               

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing

Continues from What happened during day 2 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

Unfortunately there is no report on day 3 of the trial (held on Wednesday 11th March 2020). The hearing originally scheduled for day 4 (Thursday 12th March 2020) was vacated to allow time for HHJ Knifton QC to write his judgment. So day 4 of the trial in Court Room 26 at Liverpool County Court, Liverpool was held scheduled to start at 2.00 pm on Friday 13th March 2020 for those present to hear the judgement of HHJ Knifton QC in case F70LV339 (Chief Constable of Lancashire Police v Ponting).


After people had sat down, HHJ Knifton QC poured water into his glass and arranged his papers.

HHJ Knifton QC started by referring to the invention of the internet and world wide web as one of the technological achievements of the twentieth century which had revolutionised communication with friends and family around the world.
Continue reading “What was the judgment when Lancashire Constabulary requested an anti-social behaviour order against Mr Ponting and why were ÂŁ30,000 costs awarded?”

What happened during day 2 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

What happened during day 2 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

What happened during day 2 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

                             

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing

By John Brace (Editor)

This is a report on a public hearing of day 2 of Chief Constable of Lancashire Police v Ponting at the Liverpool County Court which continues from what happened on day 1.

As the case was ongoing at the time of publication comments are turned off.


Mr Henry Gow (barrister for the Defendant Mr Ponting) referred to the face to face conference the Defendant had had with a Superintendent Thistlethwaite which had been recorded by the Defendant. Mr Gow was going to refer to it in cross examination and asked HHJ Knifton QC to consider when the recorded extracts of this which had been submitted would be listened to.
Continue reading “What happened during day 2 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?”

What happened during day 1 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

What happened during day 1 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

What happened during day 1 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?

                             

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX which was the venue for the hearing

By John Brace (Editor)

This is a report of day 1 (of a possible 4) held on the 9th March 2020 of Chief Constable of Lancashire Police v Ponting in Court Room 26 on the third floor of Liverpool County Court, 35 Vernon St, Liverpool, L2 2BX.

HHJ Knifton QC is presiding over the case. Henry Gow (New Bailey Chambers) is the barrister for the Defendant Mr Ponting. Lee Bonner (Atlantic Chambers) is the barrister for the Chief Constable of Lancashire Police.

As the case was ongoing at the time of publication comments are turned off.
Continue reading “What happened during day 1 of a trial which involved a Lancashire Constabulary request for an anti-social behaviour order against Mr Ponting?”

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?

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 ÂŁ88.44/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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