Defense Advice

B789

Just to assist the OP in understanding the reason Fairlie v Fenton is used:

If G24 claims to be the agent of an undisclosed principal and relies on Fairlie v Fenton to establish its authority, it's important to consider the specific conditions outlined in the case. If G24 does not meet those conditions, their argument for authority as an agent may not hold.

One key factor is the acceptance of the risk of being sued. If G24s terms and conditions explicitly state that they accept no liability for the car park or any related issues, it suggests that they are not willing to accept the risk of being sued themselves. This could potentially weaken their claim to authority as an agent under the principles outlined in Fairlie v Fenton.

ka2335

Coupon-mad said:

ka2335 said:

thanks chaps, i added the Fairlie v Fenton piece including the transcript and the point from castle. 
Now its all down to the attended hearing. 
Any advice?
Will they challenge me if i actually understands the parts in my WS which are obviously from the forum? I'm wondering how much i need to brush up on all these cases i'm referencing....

Nicely done.

Emailed as a PDF to the local court and solicitors?

Yes , did that Friday before 3pm

ka2335

I just re-read my notice of trial date letter and it states the court will contact me no later than 2 days before my provisional hearing date (6th July) to confirm if my case will go ahead. However I have had no contact!

I suspect I will just have to turn up and hope it'll go ahead 

KeithP

ka2335 said:

I just re-read my notice of trial date letter and it states the court will contact me no later than 2 days before my provisional hearing date (6th July) to confirm if my case will go ahead. However I have had no contact!

I suspect I will just have to turn up and hope it'll go ahead 

Yes, you would be wise to turn up.
Perhaps you could've phoned the court today to confirm.

ka2335

They emailed me this morning after I chased yesterday. Hearing has been adjourned. Court claims they emailed me 2 day's ago but clearly they didn't!

Coupon-mad

ka2335 said:

They emailed me this morning after I chased yesterday. Hearing has been adjourned. Court claims they emailed me 2 day's ago but clearly they didn't!

That's good!

Pushes your hearing past the DLUHC's announcement and draft Impact Assessment this month!

Things are changing quickly this Summer and as you are now so close to the DLUHC's Announcement keep hanging around here mid/end of July...see what comes of it.

Your timing is perfect if the DLUHC in their Draft Impact Assessment (due in a couple of weeks) give us all some damning words to add.

You could use it at your hearing if there's some useful quotes.

You will probably have time to do a Supplementary WS drawing the court's attention to the juicy bits, if the Government denounce the added fake fees as 'extortion' again.

ka2335

Had my hearing today, judge was really nice, gave me plenty of time to speak and put my case forward. 
But i lost and have to pay £280
thanks for your help.
I will post the judgement when i get a copy
I didn't receive and documentation explaining how i pay, will that come in the post?

Umkomaas

ka2335 said:

Had my hearing today, judge was really nice, gave me plenty of time to speak and put my case forward. 
But i lost and have to pay £280
thanks for your help.
I will post the judgement when i get a copy
I didn't receive and documentation explaining how i pay, will that come in the post?

Sorry to hear that, but on what actual grounds did the judge find against you - the 'judgement' notification won't go into any detail. You should pay the claimant's solicitor asap in case the judgment doesn't come through in time. Pay late, then it's a CCJ impacting creditworthiness for the next six years. 

JoeN1988

That's upsetting. Please tell us more about the judge's ruling.

Did they not even remove the made up legal fees?

ka2335

The Judge ultimately agreed there was sufficient signage.
The point about the retailer being in administration and if G24 had authorisation to still operate was discussed at length, the hearing went on for 1hr! I'm glad i brushed up on my witness statement before hand. 

Judge said  i didn't have any evidence to back my claim they were in administration and he couldn't find the date they went into admin on the internet to verify my claim (surprised he checked)

judge made the lawyer for g24 work hard for the win

I'm a little confused how i pay? it was never explained and i can't even remember the exact amount. 
Do i pay the sols firm direct and the court fee separately?