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

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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