EXCLUSIVE: What was the defence used in Wirral Council’s court case to evict the Fernbank Farm tenants?
This continues from yesterday’s blog post EXCLUSIVE: How Wirral Council’s court case to evict the Fernbank Farm tenants began on the 8th August 2013. As with the documents published yesterday, the thumbnails should link to higher resolution versions of each image. The text in each document is copied below each thumbnail.
Contents
- Part 1 – The Acknowledgement of Service Form (Part 8 Claim)
- Part 2 – Defence Form
- Part 3 – Amended Defence
- Part 4 – Court Order (29th November 2013)
- Part 5 – Possession Order (February 2014)
The Acknowledgement of Service Form (Part 8 Claim)
The only boxes filled out on page 1 are “In the BIRKENHEAD COUNTY COURT” and “Claim No 3BI05210”.
Claim No 3BI05210
A box is ticked in Section D “I object to the Claimant issuing under this procedure”. Under “My reasons for objecting are” the following is handwritten “WE HAVE NEVER GAVE UP OR SAID WE WOULDN’T RENEW OUR LEASE. WE HAVE BEEN WAITING FOR MR DICKINSON, TO GET BACK TO US. AS FAR AS WE ARE AWARE WE WERE WAITING FOR HIS REPLYS INVOLVING OUR LEASE AND TO THIS DAY HAVE STILL HAD NO REPLY FROM MR DICKINSON, AND WE ARE COMPLETELY SHOCKED BY THESE LETTERS.”
In Section F “Full name of the defendant filing this acknowledgement” is handwritten “VALERIE PATRICIA WOODLEY”.
In Section G “I am duly authorised by the defendant to sign this statement” is crossed out and underneath “*(I believe)(The defendant believes) that the facts stated on this form are true.” is the signature of Valerie P Woodley.
In a box for the date 17th August 2013 is entered.
The home address, postcode and phone number of the defendant are redacted before being published.
Defence Form
Claim No 3BI05210
In the box “I dispute the the claimant’s claim because:-” is written “As we are aware we are still waiting for Mr Dickinson to reply so we could, renew our lease.”
In the Statement of Truth “The defendant(s) believe(s))” is crossed out but it is unsigned. The defendant’s date of birth is redacted. The defendant’s full name is given as “VALERIE PATRICIA WOODLEY”. The defendant’s home address, postcode and telephone number are redacted.
Amended Defence
The Court Manager
Birkenhead County Court
76 Hamilton Street
Birkenhead
Merseyside
CH41 5EN
Dear Sirs
RE: Claim Number 3BI05210, WBC v Carol Eileen Kane
Please find enclosed the Defendant’s Amended Defence in triplicate.
We can confirm that we have served the Claimant with a copy of the same.
Yours faithfully,
(signature of Valerie Woodley and Carol E Kane)
Carol Eileen Kane
There is a stamp of “BIRKENHEAD COUNTY COURT COUNTER 04 DEC 2013 A/C 21283 £ _____ Section ______”
IN THE BIRKENHEAD COUNTY COURT
Claim No: 3BI05210
BETWEEN:
Wirral Borough Council
Claimant
-v-
Carol Eileen Kane
Defendant
____________________
AMENDED DEFENCE
____________________
Document is stamped BIRKENHEAD COUNTY COURT COUNTER 04 DEC 2013 A/C 21283 £ ______ Section _______ .
IN THE BIRKENHEAD COUNTY COURT
Claim no. 3BI05210
BETWEEN:
Wirral Borough Council
Claimant
-v-
Carol Eileen Kane
Defendant
__________________________
AMENDED DEFENCE
__________________________
1. The contents of the Particular of Claim is neither admitted nor denied and the Claimant is put to strict proof in regards to the statements contained therein
2. The Claimant did make known to the Defendant that discussions were on going in relation to renewal of her lease, both explicitly and implicitly, insofar as an employee, servant or agent of the Claimant, told the Defendant ‘not to worry’ and thereafter failed to communicate intention of possession.
3. The Defendant relied upon the representations of the Claimant ‘not to worry,’ insofar as the Defendant continued peaceable enjoyment of the land which was invested in utilising the Defendant’s financial resources..
1
4. The Claimant has reneged on previous representations and failed to communicate its instructions to the Defendant adequately if at all.
DATED this the 03rd day of December 2013.
STATEMENT OF TRUTH
I believe/ that the facts contained within the Amended Defence are true.
(Signed) (signature of Valerie Woodley) (signature of Carol E Kane)
(Dated) 4th December 2013
Claimant
To: the District Judge
And To: the Defendant
2
Court Order (29th November 2013)
General Form of Judgement or Order
In the BIRKENHEAD COUNTY COURT |
|
Claim Number | 3BI05210 |
Date | 29 November 2013 |
WIRRAL BOROUGH COUNCIL | 1st Claimant Ref |
CAROL EILEEN KANE | 1st Defendant Ref |
VALERIE PATRICIA WOODLEY | 2nd Defendant Ref |
Before Deputy District Judge Grosscurth sitting at Birkenhead County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN.
Upon the Court’s own motion
IT IS ORDERED THAT:-
1. The Claimant shall include in the indexed bundle pursuant to paragraph 4 of the order of 21st November 2013 a chronology setting out all relevant dates relating to the granting of the lease, notices given and dates by when action persuant thereto should have occurred.
This order has been made by the court of its own initiative under CPR 3.3. Any party affected by this order may apply to have it set aside, varied, or stayed within 7 days of the date on which the order is served on that party.
Dated 28 November 2013
_______________________________________________________________________________________________________
The court office at Birkenhead County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN is open between 10:00 am and 2:00 pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 0151 666 5800. Fax: 0151 666 5873
N24 General Form of Judgement or Order
Produced by: N Swann
CJR065
Possession Order (February 2014)
General Form of Judgement or Order>
In the BIRKENHEAD COUNTY COURT |
|
Claim Number | 3BI05210 |
Date | 17 February 2014 |
WIRRAL BOROUGH COUNCIL | 1st Claimant Ref |
CAROL EILEEN KANE | 1st Defendant Ref |
VALERIE PATRICIA WOODLEY | 2nd Defendant Ref |
Before District Judge Woodburn sitting at Birkenhead County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN.
Upon hearing Counsel for the Claimant
IT IS ORDERED THAT:-
1) The Defendant’s shall by 4.00pm on the 13th February 2015 deiliver up possession of land situate at Sandbrook Lane, Moreton, Wirral.
2) No order as to costs
Dated 13 February 2014
_______________________________________________________________________________________________________
The court office at Birkenhead County Court, 76 Hamilton Street, Birkenhead, Merseyside, CH41 5EN is open between 10:00 am and 2:00 pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 0151 666 5800. Fax: 0151 666 5873
N24 General Form of Judgement or Order
Produced by: N Swann
CJR065
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