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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