Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders

                                                  

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Cllr Phil Davies’ (Labour Leader) budget speech starts at 6:27. Cllr Jeff Green (Conservative Leader) speech on the budget begins at 20:00 and carries on into the next video.

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Cllr Jeff Green’s (Conservative Leader) budget speech starts at 0:01. Cllr Phil Gilchrist’s (Lib Dem Leader) speech on the Lib Dem budget starts at 1:20.

Cllr Phil Davies said, “Thank you Mr. Mayor. Mr Mayor, we need tonight to set our budget for next year in perhaps the most difficult set of circumstances this Council has ever faced. Mr Mayor in his five years in power David Cameron will have cut funding to local government by 40%, by the end of 2016 this Council’s main revenue grant will have been cut by over 50% since 2010. This is a huge reduction and the government has hit the most disadvantaged areas the hardest, Mr Mayor this is a scandal.

The most deprived areas are shouldering the greatest reductions in government funding while some of the wealthiest areas will find themselves better off. Mr Mayor this financial year the Prime Minister’s own local authority of West Oxfordshire, one of the least deprived areas in the country actually received an increase in its spending power while some of our most deprived areas on Merseyside are dealing with the most significant reductions.

The consequences of this policy have been devastating. Local services decimated, massive job losses, councils predicting imminent bankruptcy, some actually saying that they may be unable to guarantee their ability to provide even statutory services and at a time when so many people are struggling with rapidly escalating energy bills, prices rising faster than wages and benefit cuts David Cameron is refusing to rule out cutting the top rate of tax yet again. This
affair is absolutely shameful.

If the last four years have taught us anything it’s surely that we need a government which governs for the many, not the few and in terms of local government we need a government that distributes funding in a fair way and a Secretary of State that treats hard working councils and councillors who do their best to serve their residents with respect not contempt.

Mr Mayor, when my party took over the administration of this Council in May 2012 we faced a hugely challenging set of circumstances. We inherited a set of bad budgets and bad debts culminating in a £17 million overspend inherited from the previous administration.

Government cuts of £109 million over three years cut off a third of our net revenue budget. Growing demand for many of our services as a result of demographic change, factors such as an aging population and an organisation with poor corporate governance, weak management and a silo mentality.

Mr Mayor, I’m proud that through the hard work of Members and officers supported by external experts on our Improvement Board Wirral is one of the fastest improving councils in the country and we’ve put the Council’s finances on a firm footing to such an extent that the latest financial monitoring statement from the Director of Resources reports that the Council has an underspend of £982,000.

Mr Mayor our approach to the budget setting has been to use our overarching goals attracting jobs and investment, protecting vulnerable people & communities and narrowing the gap in inequalities as our key priorities in shaping our budget. I am proud of the fact that we’ve listened to our residents in framing our budget proposals. The What Really Matters exercise we conducted last year, one of the largest consultations in the country genuinely influenced our decisions on budget options that we proposed to Council last December.

However I will not deny that we’ve had to make some difficult decisions £48 million of cuts this year, £27 and a half million next year. I’ve said many times that I did not come into politics to make cuts and if I was given a choice of course I would not wish to cut any services. However given that 85% of our incomes comes from central government we are in the invidious position of having to make these decisions in order to set a legal budget. But let me make one thing clear Mr Mayor in spite of what the opposition may say, responsibility for these cuts that we’ve had to make on this Council lies squarely at the door of this Tory/Liberal Democrat coalition government and the parties opposite should be ashamed of what they’ve done to Wirral and this country.

Mr Mayor if I can now turn to our budget proposals, I’m pleased there is consensus around at least a number of items in the Labour Budget. The £7.6 million of growth in measures to support older people, younger people with learning disabilities and adoptions and special guardians. £1 million to enhance early intervention, £2 million invested in upgrading Europa Pools, Guinea Gap and West Kirby. I’m pleased that we’ve been able to use £400,000 from the waste development fund to reinstate monthly cleansing of entries and I’m also pleased that we’ll be continuing our funding commitment to constituency committees over the next year.

I’m pleased that we’ll ensure the Williamson Art Gallery can operate while the action group which has been looking at new ways of delivering this valued facility and finalising its business plan and I’m also pleased at being able to provide reassurance that no funding will be withdrawn from school crossing patrols where agreement cannot be reached with schools.

With regard to our staff I’m pleased that we were able to maintain a generous voluntary severance scheme, I’m also pleased that under this Labour administration this Council became a living wage Council last year and I now want to go further and I want Wirral to become a living wage Borough.

Mr Mayor I think it’s a shame that yet again the Conservative Group in their amendment is attacking our staff by deleting the funding for full time trade union officials. I have said many times that trade unions play a vital role in achieving good industrial relations and working with trade unions in partnership is the sign of a progressive organisation.

Mr Mayor with regards to next year’s council tax I’m pleased to announce that we will freeze the council tax in 2014/15. Providing the government doesn’t change the rules we also aim to freeze the council tax in 2015/16. We’ve been able to do this because the government have been forced to change its policy in response to the lobbying that this Council and others that the freeze grant should be built into the base budget.

Well let me make it clear Mr Mayor the freeze grant of £1.3 million whilst welcome, pales into insignificance against the £120 million which this government has cut from Wirral Council’s budget and if the government is really serious about helping councils like Wirral they should reimburse the lion’s share of this £120 million.

Mr Mayor, the council freeze will I believe will help all residents of the Borough. We will not impose an extra burden on council tax payers, hopefully for the next two years. We will continue to provide a discount to the vast majority of pensioners and we are putting £300,000 into the budget to ensure the poorest in our communities don’t pay more following the government’s disgraceful cut to council tax benefit.

Mr Mayor, these measures are important, but in contrast to the Tory amendment which proposes a series of largely short-term one off spending commitments, this administration is also proposing a £1.5 million house building program funded by a mixture of in year underspends and borrowing to kick start housing in those areas of the Borough which have lost out after the housing market renewal program was so callously cut by a stroke of Eric Pickle’s pen, an absolute disgrace.

Mr Mayor, the leader of the opposition is wrong to claim that Magenta Living could fill this gap. Official projections indicate we need to build around about six hundred new houses each year for the next five years. Magenta’s program will only be sufficient to meet a small proportion of this need and much of their new build will be a need to replace units that they have demolished.

Our program will generate a hundred new homes with the potential for substantially more. It will benefit future generations of residents long after this budget has been passed. It will create a significant number of new jobs and apprenticeships for our young people, most importantly because we know there is a strong link between good housing and good health it will contribute to reducing the gap in life expectancy, a key problem which has blighted Wirral for far too long.

Mr Mayor, in conclusion given the background I outlined earlier, this has been perhaps the most difficult budget I’ve been involved in setting. I would remind Council we still have a huge financial challenge ahead of us. We need to achieve additional savings of £44 million over the next two years and the remodelling work which was discussed at the Members’ seminar last week at the Floral Pavilion is essential if we are to deliver these savings and continue to provide good quality services.

Mr Mayor I think it’s essential that we continue to lobby the government to rethink the grossly unfair way in which it distributes funding to councils. I have to say I find the Tory Group’s proposal to withdraw from membership of SIGOMA, an organisation which has spoken loudly in favour of local government to be deeply, deeply cynical.

Mr Mayor although we’ve had to make some difficult I’m proud we’ve put the Council’s finances on a sound footing and we are helping all households with the council tax freeze in 2014/15 and hopefully the year beyond. We are putting extra money into the budget to meet our demographic growth, we are giving additional help to pensioners, the long term unemployed and attracting new jobs and investments. We have listened to and acted on the views of our residents. Crucially our house building program will leave a lasting legacy for future generations.

Mr Mayor this is a budget to be proud of, it’s a budget of a progressive Council with a clear vision for the future and a commitment to social justice and I commend it to the Council.”

Cllr Jeff Green said, “I will of course be brief Mr Mayor.

Mr Mayor, firstly let me say how much I welcome and I’m sure this is shared by the entire Council the fact that the Coalition government’s economic policies are working and the UK economy is now growing faster than any other major European economy. Businesses have created 1.6 million new jobs and unemployment has come down sharply. I’m sure we will also welcome the fact this government has allowed hard working people by amongst other things cutting income tax for the typical taxpayer by £590, giving a saving of £360 on petrol and of course freezing council tax.

Mr Mayor, what a difference to the economic mess the government inherited when they came to power. Labour had maxed out the national credit card, doubled our national debt and taken us to the brink of bankruptcy. They left Britain with the biggest budget deficit in the developed world and in our own peacetime history borrowing £1 in every four we spent resulting in payments of £120 million every day just to cover interest.

So Mr Mayor even the local Labour party must now admit bearing down on public spending was and remains an absolute priority for any sensible government. Even if the Leader of the Council over eggs the pudding somewhat by claiming that by 2016 we will have seen our overall budget halved since austerity measures were introduced. I’m sorry Mr Mayor that’s not over egging as I suggested, it is in fact utter tosh.

Mr Mayor let me be clear whilst I regret that sending grant to the government last year I do welcome the fact that the administration have swallowed their pride and have last decided to freeze council tax even if they’ve been brought to this point kicking and screaming.

I am however Mr Mayor disgusted that the only people who’ll see an increase in the direct contribution they have to make to Wirral services are pensioners. Given that the Labour administration have retained their cuts to pensioner discount and removed it completely from some without any recognition of their means.

Mr Mayor this is completely unfair and I’m delighted that if our amendment is passed tonight we will right this wrong. We also note that by their own hands the Labour administration increased the cost of living for the average family by £295.51 since April 2013. Therefore we demonstrate how the cost of living burden can be reduced by reverting to the pre April 2012 car parking charges, reinstating a year round free after three parking initiative, halving the charge for residents for garden waste collection and freezing for one year at its current level Wirral Council tax fees and charges.

We’ve also been able to find resources to ensure that funding meant for the education of Wirral school children is not diverted to pay for the Council’s responsibility to provide school crossing patrols. Now let me just be clear because I did check on this particular point as I do on them all of course and that was made very clear that whatever the warm words of the Leader of the Council no move has been made to put that money back into the budget and that cut remains in place.

Mr Mayor it also allows the street lights back on, increase the level of dog fouling enforcement, invest £1 million for an immediate programme to repair pot holes and improve Wirral’s roads and pavements and maintain our commitment to early intervention and Children Centres in the sure knowledge that failure to support young families in the early years will cost Wirral Council and taxpayers in the long term.

So Mr Mayor, how are we going to find the resources to reduce the cost of living burden and reverse some of Labour’s more baffling cuts? Well we’ve looked to find savings where any hard working Wirral family who could scrutinise the Council’s budget would expect cutting back on the cost of ourselves, leaning the Council bureaucracy, cutting out duplication and being more ambitious to transform the entire Council.

How on earth can the current administration justify an alternative support to councillors budget, spending £130,000 on paying for trade union officials, a Council press, marketing and design department of twenty posts, spending £1.9 million on items that are duplicated elsewhere in the Borough when cutting children’s centres, school crossing patrols, switching off street lights and making pensioners on fixed incomes pay for the privilege?

I also believe that with immediate action to increase the focus, ambition, discipline, rigour, risk management and improving accountability for the transforming Wirral Council change project can deliver increased cash benefits this year. Although I believe the current approach being adopted by the Leader of the Council does carry the risk of breaking any political consensus around the structural changes required be all Council led.

The fundamental question whose money is the administration seeking to spend? As Conservatives we believe the money earned by hard working people should be spent by them on their ambitions and aspirations themselves alone and only taken from them in council revenue or other sorts of tax when it’s absolutely essential.

Mr Mayor, if this budget amendment is passed tonight it will restore the safety of Wirral’s children and families, result in a 0% Council Tax increase for all Wirral residents, retain the pensioner’s discount in full, directly reduce the cost of living for hard working Wirral families and prevent the Council raising stealth taxes via its fees and charges, improve recycling, start the process of repatriating loans given out at bargain basement levels of interest to other Councils and I believe when that resource comes back it should be used to pay down the current levels of debt and maintain the entire Council’s commitment to a sustainable budget. Mr Mayor I commend our amendment to the Council.”

Cllr Phil Gilchrist said, “Thank you Mr Mayor. Perhaps if I just deal with the last point that was raised because last July I made enquiries about this loans situation and I’ve made more enquiries since. What puzzles me is that Councillor Green has included the whole amount that’s out on loan in his commentary at the same time we actually have earned £482,000 on the loans that have come back and we expect to get £238,000 on the loans that are still outstanding so I am cautious about the claims about the loans.

We have the money, it’s a bit like Father Ted. We have money resting in our account and the Council chose to invest it. We didn’t get as much as we’ve had in the past but at least the investments have produced some income and therefore that is to our health. So I was disagreeing with the interpretation of that.

Now I will turn to other things. I’ll try to be consistent and helpful as ever if I may. In December my colleagues and I welcomed some things and disagreed with others.

We welcomed the fact that we row over the country parks and Council charges, we welcomed new appreciation and concern about gritting among other things, while we continue to highlight our worries about a reduction in street lighting and what we saw as the threat, the idea that schools should pay out of money that they want to spend on education for school crossing patrols which we’ve always seen as a Council service.

Now we’ve highlighted this in December that if a school was running a tight budget or had concerns, we did not wish the school to have to chose between say a teaching assistant or some extra hours for staff and a school crossing patrol. Education was education in our mind and school crossing patrols were a separate service funding by the council payers and not the schools budget. So we continue to raise concerns about that.

I don’t agree with the description about the bad debts and bad budgets. These were things we’ve all known about for about ten or twelve years. It’s just that again year after year when we’ve debated the budget and argued about £2 or £3 million, that underlying problem which was known to senior Members was somehow glossed over and when a total look was taken at it and a clear long look by people who were less close to it, they said this genuinely is a problem and we accepted that and we do agree with the criticisms about us being in a silo culture.

Comments have been made about our Council against others and it is not me that says there’s a problem but Sir Merrick Cockell, Chairman of the Local Government Association who says that the next two years will be the toughest yet for people who use and rely on the vital everyday local services that councils provide. So it’s accepted by Conservatives in local government nationally the problem in the same way that I accept there’s a problem here and I know that the Leader of the Council and I have many warm words to say about North Dorset.

In North Dorset they’ve decided to increase Council Tax by 1.99%. Their budget is a fraction of ours, their tax on their ratepayers is £111 in Band D. It’s not the same kind of Council and I have to say that the Lib Dem Leader of that district said that although it’s like putting a sticking plaster on a gaping wound, this small increase is our only chance of keeping central service going with further savage cuts to government funding the year ahead will not be pleasant. That’s the Lib Dem Leader of a Council that is run by the Tories.

The picture we present is actually more realistic than this strange portrayal that everything’s wonderful elsewhere. In fact in Surrey the Tory Leader’s talking about a black hole in their finances and he’s putting his council tax up by 1.99% because he believes he’s got a black hole in his finances and North Somerset I looked at, they’ve freezed theirs but they’re talking about the council facing a continued reduction in government funding at least until 2018 and the biggest challenges are yet to come. We too face the biggest challenges yet to come because it get’s more difficult and my colleagues and I understand that. In fact a phrase doing the rounds in our party at the moment is ‘it’s grim up north’ which you’ll probably have more to say in a few weeks.

I didn’t quite catch what the Leader said but there are key things we believe we can fund and replace. We believe that the lighting that should be the subject of an investment program. I go along the roads and I look at the lights that are off, I don’t whether the light’s off because it’s failed, a fuse has been pulled out, the bulb’s gone, Manweb haven’t been able to connect the service up or some other fault and out there the electorate are even more, if I’m confused then people out there are even more concerned and confused because there are lights off in various places and nobody knows really knows whether it’s an official light off that we’re saving money on or one that’s supposed to be on because as I understand it when Members have objected to lights being off an officer’s had to go out and find some other fuse to pull to turn another light off to keep within the savings. So it’s a hit and miss approach which we disagree with and we believe there should be investment.

Finally I do want to look ahead and I know I didn’t catch what Councillor Davies said but I do look around and I look at what Councillor McMahon is saying in Oldham, it’s a few weeks since he said that he was going to have a freeze. He says, ‘On too many occasions we claim to present our case effectively both within our parties and within the media allowing ourselves to be characterised as prophets of doom or advocates of the old ways.’ It’s contained in last week’s councillor magazine which I probably got in the post so I do look at the wider world but I also look at the world as it is, not as the world as I might like it to be at.

I look at the worries that the leaders express, I look at the world Cllr Green describes. Yes I see an improvement in the economy, I see better employment, I see all those things and I think we’ve got to get from now to 2015/16 as we try and get stability and try and improve.

Finally I’ve listened to the upset comments coming from Labour colleagues behind me but I do read this document Labour’s zero based review. There isn’t a promise of you know this hall of plenty, that there isn’t. Mr Balls is saying that there is a problem. He accepts the problem if he’s going to make change if he were there. If he was there, if he was in that situation he’s made it clear not much is going to change from their first year or so. So we need to get from now, building stability, make all those savings that are underway with neighbouring authorities those shared services.

We don’t accept that the Tory target of boosting the £9 to £11 million for shared services is achievable yet. We haven’t seen the way things are going to work in practice. We have reservations about the budget some of which we raised last year about the youth services and youth zone and something squeezed but we have concentrated tonight on the key things that we think things are going wrong that could be readily put right and we think the Council would be wise to accept those changes. Thank you Mr. Mayor.”

When it came to the voting (much later in the same meeting), only Labour’s budget received enough votes to be adopted as Wirral Council’s budget for 2014/15.

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Cross-examination of Kane & Woodley, parties summarise their case in Wirral Council v Kane and Woodley (Fernbank Farm)

Cross-examination of Kane & Woodley, parties summarise their case in Wirral Council v Kane and Woodley (Fernbank Farm)

Cross-examination of Kane & Woodley, parties summarise their case in Wirral Council v Kane and Woodley (Fernbank Farm)

                    

Wirral Council v Kane and Woodley (case 3BI05210)
Birkenhead County Court
13th February 2014
Court Room 1

Continues from Mrs Kane faces questions from Sarah O’Brien (barrister) and District Judge Woodburn in Wirral Council v Kane and Woodley (Fernbank Farm).

Mrs Kane is questioned by District Judge Woodburn
Mrs Kane asked why they would pay for a further twelve months of public liability insurance if the lease hadn’t been renewed? District Judge Woodburn said something brief to which Mrs Kane said that Wirral Council had been “ignoring us”. She said that Wirral Council could only get out of renewing a protected lease if they had broken the terms of the lease and referred to a letter from 2012. District Judge Woodburn referred to an agreement. Mrs Kane said yes, that they thought that Wirral Council agreed to renewal.

District Judge Woodburn asked Mrs Kane why she had not done as suggested in paragraph five (which refers to applying to the Court)? Mrs Kane said she had spoken with David Dickenson in April or May and as far as she knew the lease was going through. The first thing she knew it hadn’t was in August when she received an invoice for £700. She rang the number and was told it was for rent because they’d given up the land which was the first thing she knew. Two days after she received details about Wirral Council’s request for a possession order. District Judge Woodburn said that Mrs Kane could return to her seat and swap with Mrs Woodley.

Mrs Woodley takes the witness stand
Mrs Woodley said, “I swear by Almighty God to tell the truth, the whole truth, and nothing but the truth”. District Judge Woodburn asked her name to which she replied “Valerie Patricia Woodley”. He asked her to have a seat and pointed out that she had not made a witness statement. District Judge Woodburn referred Mrs Woodley to a document at page fifteen and asked if it was her handwriting? She answered, “Yeah”. District Judge Woodburn asked her to go over the page to page seventeen and eighteen and asked if that was her handwriting? Mrs Woodley gave the same answer.

District Judge Woodburn asked if it was a statement made in support of the defence? She answered, “Yeah”. He asked her a further question, she answered then he said if she wished to she could have a seat.

Mrs Woodley is cross-examined by Sarah O’Brien
Sarah O’Brien, barrister for Wirral Council asked her to confirm the document was true, which referred to an alleged conversation between David Dickenson and Carol Kane. She said “yes”. Sarah O’Brien said that Mrs Woodley had no knowledge of the conversation as she had not taken part in it. Mrs Woodley explained that she had put that in because her mother was ill. Sarah O’Brien asked another brief question to which Mrs Woodley answered “no”.

Miss O’Brien asked Mrs Woodley if she accepted that she’d received a copy of the eviction notice which intended to end the business tenancy? Mrs Woodley answered “yes”. District Judge Woodburn referred to when she received the notice at page twenty-two in the bundle that it looked like that. He asked her to have a quick read of paragraph five. He referred to having to apply to the court to grant a new tenancy by the date in paragraph two (31st May) and whether she knew this? Mrs Woodley said that when her mum (Mrs Kane) was speaking she’d told her that they didn’t need to because they were in negotiations. District Judge Woodburn asked her if she had anything to add, she replied “no”. He asked her if she agreed with Mrs Kane to which she replied “yes” and if there was anything else she wished to add to which she replied “no”. District Judge Woodburn asked her to watch her step as she left the witness stand and that Mrs Kane and Mrs Woodley were not putting forward witnesses so he wanted both parties to summarise.

Mrs Kane asked if Cllr Ian Lewis (her McKenzie Friend) could summarise for her? District Judge Woodburn said “no”. She asked what about Martin Woodley? District Judge Woodburn said that Mr. Woodley was in the same position and that he thought both defendants could summarise in their own words what the case about. He said that they (the defendants) had done well up to now regarding their views. He said to summarise what the case is ultimately about is the fact that they didn’t apply to the court for a new tenancy, they said they didn’t do so because of what they were told which is their sole contention.

Mrs Kane summarises
Mrs Kane said that in forty years they’d never had a penny off Wirral Council. She continued by saying that many years ago when Wirral Council told them that they were moving them to a different place that Wirral Council had changed their minds and said they would not build on that site so they’d decided to stay. She said that they’d made new fences at a cost of thousands of pounds and repaired them after a storm. Mrs Kane said that she had been asking Wirral Council to be lenient about the cost of renewing the lease but they’d been stopped from renewing only because they were guilty of believing and trusting what Wirral Council were saying.

Mrs Woodley summarises
District Judge Woodburn asked if Mrs Woodley had anything to say? Mrs Woodley said that she agreed with her mother. She said that when they contacted Cllr Ian Lewis that he had confirmed that they must have taken the decision not to renew the lease. District Judge Woodburn referred to the evidence of David Dickenson with regards to his instructions. Mrs Woodley said that it was not from the Council. District Judge Woodburn said “that may be the case”. Mrs Woodley said that their “only crime was to trust” and that Wirral Council made it “impossible to renew the lease” and had done “everything possible to stop” them.

Sarah O’Brien (barrister for Wirral Council) summarises
District Judge Woodburn asked Sarah O’Brien to summarise Wirral Council’s case. Sarah O’Brien said that what the solicitor had provided was the prescribed form from the HMCS [Her Majesty’s Courts Service] website and that it was a standard form.

Ed – although she’s just repeating what she’s been told, the HMCS website doesn’t actually have this on it. The prescribed forms are part of the legislation and are on this website Schedule 2 of SI 2004/1005 (The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004), a site that has UK laws on it run by the National Archives.

District Judge Woodburn said “yes, thanks”. Sarah O’Brien said that she would be very brief. Sarah O’Brien said the tenancy was properly terminated in accordance with the Act and that the only defence raised was estoppel. District Judge Woodburn said that the evidence of the two parties was different as to whether there was a binding agreement which would mean an application to the court was not required.

Sarah O’Brien referred to evidence that contradicted that assertion, as the defendant had sent a letter proposing alternative terms. She said that the defendants say that the communication with David Dickenson was highly relevant and important but that it didn’t appear in their defences which is not to say it didn’t take place. District Judge Woodburn asked someone to please not interrupt her.

Sarah O’Brien referred to pages thirty-seven and thirty-eight which referred to chasing a response. She said that if she had received an assurance regarding the terms agreed, then there was no need to be chasing a response. Miss O’Brien said that the evidence did not support the assertion that new terms were agreed.

The second point Miss O’Brien made was a further suggestion that David Dickenson had told Mrs Kane categorically that she did not need to apply to the Court. If this had been said they why didn’t it form part of the defence rather than vague assertions such as being told “not to worry”? Miss O’Brien said that the only reason was that it was not said. She continued by saying that the assertion made that David Dickenson told her “not to worry” needed a clear context and the representation was too vague for it to be reasonable that it could be relied upon.

Miss O’Brien said that the notices were received and read and it was not a question that they were prevented or couldn’t make an application to the court and that was why the lease was not protected. She said that whether Wirral Council agreed to the terms or there was estoppel were facts, therefore Wirral Council should be entitled to a possession order.

District Judge Woodburn said he was going to take a break to consider, then he would invited people back and give judgement on the factual issues. He thought it was best for everyone to have a break. He would let the usher and clerk know when he was ready. The court usher would then ask people to come back in.

Continues at District Judge Woodburn grants Wirral Council possession order: pony club given a year to leave Fernbank Farm.

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Mrs Kane faces questions from Sarah O’Brien (barrister) and District Judge Woodburn in Wirral Council v Kane and Woodley (Fernbank Farm)

Mrs Kane faces questions from Sarah O’Brien (barrister) and District Judge Woodburn in Wirral Council v Kane and Woodley (Fernbank Farm)

Mrs Kane faces questions from Sarah O’Brien (barrister) and District Judge Woodburn in Wirral Council v Kane and Woodley (Fernbank Farm)

                        

Continues from Mrs Kane takes the witness stand in Wirral Council v Kane and Woodley (Fernbank Farm).

Wirral Council v Kane and Woodley (case 3BI05210)
Birkenhead County Court
13th February 2014
Court Room 1

Mrs Kane on the witness stand
Mrs Kane continued by saying that after her letter, she spoke to David Dickenson and told him she was going to hospital and that she wanted it all sorted before that.

Mrs Kane is cross-examined by Sarah O’Brien
District Judge Woodburn gave Sarah O’Brien (barrister for Wirral Council) an opportunity to cross-examine Mrs Kane. Sarah O’Brien asked Mrs Kane if she had said that she rang David Dickenson in May 2013 as Mrs Kane was concerned she had not heard from him? Mrs Kane replied “yes”.

Sarah O’Brien said something I couldn’t hear to which Mrs Kane replied that she’d been told that she’d hear from them [Wirral Council] about the new lease but she didn’t hear until 2012.

Wirral Council’s barrister asked Mrs Kane when she received the eviction notice had she read it? Mrs Kane answered yes. To clarify whether she was answering yes to receiving the notice or having read it District Judge Woodburn asked her if she’d read the eviction notice to which she answered that she had read the notice yes.

Miss O’Brien said that Mrs Kane had told David Dickenson she wanted to renew the lease on the Council’s terms, however that she was only prepared to renew on new terms. Mrs Kane explained she had asked him if he could help with the expenses as previously the legal fees had been reduced from £500 to £300. The only other term that she wanted changed was a rent increase of 2.5% and David Dickenson had told her he would make a site visit to discuss it.

Sarah O’Brien said that the letter sent sets out Mrs Kane’s terms which were not the same terms that were put forward by Wirral Council. Mrs Kane said that she wanted to renew the lease and had spoken to David Dickenson and told him that if he couldn’t do anything then to send the papers back to her. She had told David Dickenson that she wanted negotiations on the lease finished by the end of May and referred to an email from David Dickenson that stated that Mrs Kane had until May 31st.

The barrister for Wirral Council said that there was no reference in the defence to terms being agreed. Mrs Kane had that a “lot has gone missing”. Sarah O’Brien said it was a fact that terms (for the new lease) were suggested. District Judge Woodburn said that it was an important point if it’s said that Wirral Council accepted the terms of the new lease.

Mrs Kane referred to a telephone call. Sarah O’Brien asked her when the telephone call was? She answered towards the end of April. Mrs Kane said that she had been trying to get in touch with David Dickenson but all her called were being ignored. There had been no response to her letters and since 2012 David Dickenson had ignored her phone calls.

She had said that she had spoken with David Dickenson on the phone twice, but at all other times she had been told her was on site visits, in a meeting, that he would get back to her or that his father had died. Mrs Kane understood David Dickenson was a busy man but he was not answering her.

Sarah O’Brien said that she (Mrs Kane) didn’t get an answer to her letter to David Dickenson. She referred to page thirty-eight in the bundle and a reference to a phone call of 23rd May where it stated that Mrs Kane was awaiting a response (to her letter). Mrs Kane said that David Dickenson was ignoring her phone calls. Sarah O’Brien said that she didn’t contact David Dickenson as there was no reference in the earlier document.

Mrs Kane referred to emails which said to answer Mrs Kane’s phone calls and that this was in Wirral Council’s emails. Sarah O’Brien said that it was clear from the record of the phone call that at that point Mrs Kane hadn’t had a response (from David Dickenson). Mrs Kane said she had rung Mr. Dickenson and told him that they were willing to pay but if he can’t do it to send it back and that Mr. Dickenson knew that, she hadn’t been able to get in touch with Mr. Dickenson since. In 2012 she was told that Mr. Dickenson was at a funeral and that Peter Jones could take over.

Sarah O’Brien referred to the document containing the original defence and the point where Mrs Kane said that David Dickenson said “not to worry”. Mrs Kane said that at the beginning of May she couldn’t get in touch with David Dickenson and that he’d had the “shock of his life” when he answered the phone to her. She had asked him to send her an email if he could not do anything and to send the forms back, the public liability insurance receipt and the cheques. Mr. Dickenson had told her “not to worry” because he’d do it.

The barrister for Wirral Council asked her if in the same conversation that David Dickenson says he accepted the terms, to which Mrs Kane answered “yep”. Sarah O’Brien said that conversation was at the beginning of May and referred to something that referred to Mrs Kane phoning and saying she had had no response to her letter. Mrs Kane referred to an email that showed that David Dickenson knew about the deadline of the 31st May. Sarah O’Brien said she had no further questions for Mrs Kane.

District Judge Woodburn asks Mrs Kane questions
District Judge Woodburn referred to page eighteen and the eviction notice. He directed Mrs Kane to paragraph four which stated “If we cannot agree on all the terms of a new tenancy, either you or I may ask the court to order the grant of a new tenancy” and paragraph 5 which stated “If you wish to ask the court for a new tenancy you must do so by the date in paragraph 2” which was the 31st May 2013.

Mrs Kane said that she had spoken with Mr. Dickenson at the beginning of May to tell him and asked him about it and she’d asked Mrs Carman. When she’d asked Mrs Carman who was taking over Mrs Carman had answered Peter Jones. Mrs Kane said that she’d been told by Mr. Dickenson that if they were negotiating a new lease that she didn’t need to apply to the court. District Judge Woodburn said that Wirral Council hadn’t agreed anything and that there was no evidence of any agreement by Wirral Council.

Continues at Cross-examination of Kane & Woodley, parties summarise their case in Wirral Council v Kane and Woodley (Fernbank Farm).

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Mrs Kane takes the witness stand in Wirral Council v Kane and Woodley (Fernbank Farm)

Mrs Kane takes the witness stand in Wirral Council v Kane and Woodley (Fernbank Farm)

Mrs Kane takes the witness stand in Wirral Council v Kane and Woodley (Fernbank Farm)

                       

Continues from Mr Dickenson only following orders & describes cancer patient as “unwell” in Wirral Council v Kane and Woodley (Fernbank Farm).

Wirral Council v Kane and Woodley (case 3BI05210)
Birkenhead County Court
13th February 2014
Court Room 1

Carol Kane takes the witness stand
District Judge Woodburn asked if there were other witnesses? To the defendants Mrs Kane and Mrs Woodley he said that the situation was that a notice was served and the notice had provisions as to who could give evidence.

Mrs Kane approached the witness stand and said, “I swear by Almighty God to tell the truth, the whole truth, and nothing but the truth”. District Judge Woodburn asked her to keep her voice up as it was being recorded. He said she had a soft voice so it may be best to move closer to the microphone. He asked her for her name. Her reply was “Caroline Lynn Kane”. She was asked for her address by District Judge Woodburn, she replied “8 Cranbourne Avenue, Moreton”. District Judge Woodburn asked if she was at the same address as in the lease dated 2008 to which she answered “yes”.

District Judge Woodburn asked her if she’d entered into a lease with the other defendant Mrs Woodley with Wirral Borough Council in relation to just over ten acres of land in Sandbrook Lane dated 29th July 2008? Mrs Kane answered “yes”. District Judge Woodburn asked how long the lease was for? Mrs Kane answered “three years”.

District Judge Woodburn said that that covered the period 1st June 2008 to the 31st May 2011, but what happened after May 2011? Mrs Kane said that she had phoned David Dickenson and told him that they hadn’t heard from Wirral Borough Council for three years and that the lease was up for renewal. She had told him that she’d been told that she’d be “hearing from [Wirral Council] soon” and that from 1998 to 2008 they’d had the same lease so she thought Wirral Council had “forgotten about us again”.

District Judge Woodburn said that that was about May 2011 and asked her when she next heard from Wirral Council? She answered that the next time they heard from Wirral Council was in November 2012. District Judge Woodburn asked her what happened in November 2012? Mrs Kane answered that they received a notice ending the lease but saying that Wirral Council were willing to renew the lease.

District Judge Woodburn asked her what had happened when they had received a notice like this before? Mrs Kane replied that every time (prior to this) the lease was up for renewal that they had got a new one. District Judge Woodburn asked what happened on previous occasions. Mrs Kane replied that the rent had been increased and the legal fees. District Judge Woodburn asked what happened when she received the notice? Mrs Kane said she got in touch with Wirral Council as they wanted to renew. She added that they’d had a lease for forty years and that she signed and sent back the new lease along with proof of their public liability insurance cover. District Judge Woodburn asked who had asked for it? Mrs Kane replied that Wirral Council had said that they needed proof of public liability insurance so she had sent them proof.

District Judge Woodburn asked after the lease came to an end did Wirral Council ask for proof of public liability insurance? Mrs Kane answered yes in a letter she was sent. District Judge Woodburn asked her if Wirral Council asked after May 2011, Mrs Kane answered yes in 2012. District Judge Woodburn asked if she had got the letters with her? Mrs Kane said that the letter said to renew the lease that they were to send proof of the public liability insurance with the signed lease.

District Judge Woodburn asked was this in the period after May 2011 and did she have the documents with her? Mrs Kane said she had got proof of posting of the lease back to Wirral Council and that it said in the papers that were sent by recorded delivery.

District Judge Woodburn asked if she was referring to the letter Wirral Council had written to her with a draft lease? She answered yes. Sarah O’Brien, barrister for Wirral Council said that there was no evidence of that. District Judge Woodburn told Sarah O’Brien to wait. Mrs Kane said that Wirral Council did send a letter with the notice to quit which said that Wirral Council were not averse to renewing the lease and to get in touch with David Dickenson. The terms of the new lease were sent with the letter.

District Judge Woodburn directed people to the notices in the bundle he had. Mrs Kane agreed with District Judge Woodburn. District Judge Woodburn directed people to paragraph 3 that stated “I am not opposed to granting you a new tenancy. You will find my proposals for the new tenancy, which we can discuss, in the Schedule to this notice.” and paragraph 4 which stated “If we cannot agree on all the terms of a new tenancy, either you or I may ask the court to order the grant of a new tenancy and settle the terms on which we agree.” He asked if Mrs Kane could see paragraphs three and four? She answered yes.

District Judge Woodburn pointed out that paragraph four stated that if there wasn’t agreement then either the landlord or tenant could ask the court. Mrs Kane said she had told David Dickenson that they would pay Wirral Council for the lease. District Judge Woodburn asked how she had told David Dickenson this, by telephone? She answered yes.

District Judge Woodburn asked her if she had told him by letter? She replied that there was a handwritten letter regarding Wirral Council’s costs. He asked where it was in the bundle to which Sarah O’Brien, barrister for Wirral Council replied page 35.

District Judge Woodburn asked Mrs Kane if she was referring to the letter dated Wednesday April 17th 2013? She said yes. District Judge Woodburn referred to the letter that stated they had had a bad year and were disagreeing with the terms of the lease, therefore she would be grateful if they could look at the expenses that they had had to pay out regarding the upkeep of the land. He said it didn’t look like the lease had been sent back on the terms offered.

Continues at Mrs Kane faces questions from Sarah O’Brien (barrister) and District Judge Woodburn in Wirral Council v Kane and Woodley (Fernbank Farm).

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Was the eviction notice lawful in Wirral Council v Kane and Woodley (Fernbank Farm)?

Was the eviction notice lawful in Wirral Council v Kane and Woodley (Fernbank Farm)?

Was the eviction notice lawful in Wirral Council v Kane and Woodley (Fernbank Farm)?

                       

There are a lot of references in this case to the eviction notices served on the defendants and the regulations about the notices. These regulations are the The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004.

Schedule 1 of those regulations detail two forms which are relevant to this and the purposes for which they are to be used.

Form number 1 is for “ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).”

Form number 2 is for “ending a tenancy to which Part 2 of the Act applies, where—
(a) the landlord is opposed to the grant of a new tenancy (notice under section 25 of the Act); and
(b) the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease..

Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 states “3. The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.”

In other words, if Wirral Council was opposed to renewing the tenancy when the eviction notices were served on the defendants Mrs Kane and Mrs Woodley, they should’ve used form 2 but instead used form 1, which seems to be a breach of regulation 3 of the The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. District Judge Woodburn did ask Wirral Council to supply him with a copy of the regulations (The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004) during the trial, but instead was supplied with a copy of the form 1.

Wirral Council used form 1 (a copy of form 1 which is included in the regulations is below).

SCHEDULE 2

PRESCRIBED FORMS

Regulation 2(2)

Form 1

LANDLORD’S NOTICE ENDING A BUSINESS TENANCY WITH PROPOSALS FOR A NEW ONE

Section 25 of the Landlord and Tenant Act 1954

IMPORTANT NOTE FOR THE LANDLORD: If you are willing to grant a new tenancy, complete this form and send it to the tenant. If you wish to oppose the grant of a new tenancy, use form 2 in Schedule 2 to the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 or, where the tenant may be entitled to acquire the freehold or an extended lease, form 7 in that Schedule, instead of this form.

To: (insert name and address of tenant)
From: (insert name and address of landlord

1. This notice applies to the following property: (insert address or description of property)
2. I am giving you notice under section 25 of the Landlord and Tenant Act 1954 to end your tenancy on insert date.
3. I am not opposed to granting you a new tenancy. You will find my proposals for the new tenancy, which we can discuss, in the Schedule to this notice.
4. If we cannot agree on all the terms of a new tenancy, either you or I may ask the court to order the grant of a new tenancy and settle the terms on which we agree.
5. If you wish to ask the court for a new tenancy you must do so by the date in paragraph 2, unless we agree in writing to a later date and do so before the date in paragraph 2.
6. Please send all correspondence about this notice to:
Name:
Address:
Signed:
Date:

*[Landlord] *[On behalf of the landlord] *[Mortgagee] *[On behalf of the mortgagee]
*(delete if inapplicable)

SCHEDULE

LANDLORD’S PROPOSALS FOR A NEW TENANCY

(attach or insert proposed terms of the new tenancy

IMPORTANT NOTE FOR THE TENANT

This Notice is intended to bring your tenancy to an end. If you want to continue to occupy your property after the date in paragraph 2 you must act quickly. If you are in any doubt about the action that you should take, get advice immediately from a solicitor or a surveyor.

The landlord is prepared to offer you a new tenancy and has set out proposed terms in the Schedule to this notice. You are not bound to accept these terms. They are merely suggestions as a basis for negotiation. In the event of disagreement, ultimately the court would settle the terms of the new tenancy.

It would be wise to seek professional advice before agreeing to accept the landlord’s terms or putting forward your own proposals.

Notes

The sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003).

Ending of tenancy and grant of a new tenancy

This notice is intended to bring your tenancy to an end on the date given in paragraph 2. Section 25 contains rules about the date that the landlord can put in that paragraph.

However, your landlord is prepared to offer you a new tenancy and has set out proposals for it in the Schedule to this notice (section 25(8)). You are not obliged to accept these proposals and may put forward your own.

If you and your landlord are unable to agree terms either one of you may apply to the court. You may not apply to the court if your landlord has already done so (section 24(2A)). If you wish to apply to the court you must do so by the date in paragraph 2 of this notice, unless you and your landlord have agreed in writing to extend the deadline (sections 29A and 29B).

The court will settle the rent and other terms of the new tenancy or those on which you and your landlord cannot agree (sections 34 and 35). If you apply to the court your tenancy will continue after the date shown in paragraph 2 of this notice while your application is being considered (section 24).

If you are in any doubt about what action you should take, get advice immediately from a solicitor or surveyor.

Negotiating a new tenancy

Most tenancies are renewed by negotiation. You and your landlord may agree in writing to extend the deadline for making an application to the court while negotiations continue. Either you or your landlord can ask the court to fix the rent you have to pay while the tenancy continues (section 24A to 24D).

You may only stay in the property after the date in paragraph 2 (or if we have agreed in writing to a later date, that date), if by then you or the landlord has asked the court to order the grant of a new tenancy.

If you do try to agree a new tenancy with your landlord remember

  • that your present tenancy will not continue after the date in paragraph 2 of this notice without the agreement in writing mentioned above, unless you have applied to the court or your landlord has done so, and
  • that you will lose your right to apply to the court once the deadline in paragraph 2 of this notice has passed, unless there is a written agreement extending the deadline.

Validity of this notice

The landlord who has given this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about whether this notice is invalid, get advice immediately from a solicitor or a surveyor.

Further information

An explanation of the main points to consider when reviewing or ending a business tenancy, “Renewing and Ending Business Leases: A Guide for Tenants and Landlords”, can be found at www.odpm.gov.uk . Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

At this point I will quote from my blog about not only the hearing recently, but the one in November 2013.

Wirral Council v Kane and Woodley (case 3BI05210)
Birkenhead County Court
13th February 2014
Court Room 1

This is a quote from Witness statements, rules & regulations, possession and estoppel in Wirral Council v Kane and Woodley (Fernbank Farm).

Where are the regulations?
Sarah O’Brien, counsel for Wirral Council asked what the issues were likely to be? District Judge Woodburn asked her if she had a copy of the regulations relating to s.25 of the Landlord and Tenant Act 1954 c.56?

Sarah O’Brien asked the Judge for the validity of his request? He said that Wirral Council were asserting compliance in their claim. Sarah O’Brien said something and the Judge replied that Wirral Council still had to prove their claim. Sarah O’Brien, counsel for Wirral Council said that there was “never any assertion that the notices were invalid or not served”. District Judge Woodburn said it was for Wirral Council to prove the notices were valid.

Sarah O’Brien, counsel for Wirral Council said that “if it is an issue we can get a copy”. District Judge Woodburn said that “he wasn’t here to rubber stamp” and it would “have to be proved”. He said that he would “have to make sure the notices comply with the legislation” as it was “asserted they were in the prescribed form”. Sarah O’Brien, counsel for Wirral Council said she would ask her solicitor to get a copy. District Judge Woodburn said that subject to that she could start.”

This is a quote from EXCLUSIVE: Wirral Borough Council v Kane & Woodley (a case about Fernbank Farm).

“One of the two defendants said that they had not received any correspondence from Wirral Council since July 2012 except for something last August. Deputy District Judge Grosscurth said that he would include in Mr. Dickinson’s statement as it was relevant. He said any documentation has “got to be disclosed” and under the rules of disclosure they had to disclose everything whether it was in favour of their case or not.”

So was using the wrong eviction notice when a law (Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004) states you have to use the correct one isn’t this something Wirral Council should have made the court & defendants aware of? District Judge Woodburn stated that “he wasn’t here to rubber stamp” and it would “have to be proved”. He said that he would “have to make sure the notices comply with the legislation” as it was “asserted they were in the prescribed form”. Was this asserted in Wirral Council’s witness statement or in their claim? If so who signed the statement of truth to this assertion?

Was there confusion as to whether District Judge Woodburn asked for a copy of the regulations or the notice (my notes clearly state he asked for a copy of the regulations)? A blank notice (form 1) was supplied by Sarah O’Brien to District Judge Woodburn but as far as I know not the regulations. Whoever went away from Wirral Council to get it spent a very long time (a few hours) before they returned with (as far as I can ascertain) just a blank notice. Did they read regulation 3 and realise that if they supplied a copy of regulation 3 to District Judge Woodburn he would be likely to rule that Wirral Council served the wrong eviction notice (in breach of regulation 3) on the defendants as that form (form 1) was to be used when the landlord was willing to renew the tenancy whereas Wirral Council should’ve used form 2?

*The above is just my opinion. If anyone wishes to rely on the points made here, I suggest they seek legal advice before doing so. However it does raise a lot of unanswered questions and serious issues about Wirral Council’s conduct during this case. The overriding objective in the Civil Procedure Rules states at 1.1(2) “Dealing with a case justly and at proportionate cost includes, so far as is practicable – (a) ensuring that the parties are on an equal footing;” and 1.3 “The parties are required to help the court to further the overriding objective.” If a Wirral Council employee (or a solicitor acting for them) at that trial was aware (or suspected) that the eviction notices were in breach of regulation 3, whoever it was didn’t tell Sarah O’Brien, District Judge Woodburn or the defendants (probably because if they’d done so Wirral Council may have lost their case for a possession order and if District Judge Woodburn found that the eviction notice was invalid because it was the wrong one (in breach of regulation 3) it’s likely he wouldn’t have granted the possession order). Section 52 of the Civil Procedure Rules deals with appeals, however permission to appeal would have to first be requested from either the Birkenhead County Court or the civil division of the Court of Appeal within 21 days of the date of the decision (which is a deadline of the 6th March 2014) and permission to appeal served on the Claimant (Wirral Council) within 7 days after having been served on the court.

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