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 £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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