Dispute Resolution Hearing 26 March @ Huddersfield County Court NPML/Gladstones

Coupon-mad

If your para 10 is right then the landowner agreement is null and void, if the Judge agrees.

The NEWBIES thread gives you an a-h list of typical exhibits. Whilst not all of those may apply to your case, some do, so I'd never expect to see a WS with only one exhibit.

skintbutwantstosave

Coupon-mad said:

If your para 10 is right then the landowner agreement is null and void, if the Judge agrees.

The NEWBIES thread gives you an a-h list of typical exhibits. Whilst not all of those may apply to your case, some do, so I'd never expect to see a WS with only one exhibit.

Thanks I have amended to include some of the example exhibits and submitted the witness statement. 

The Dispute Resolution Hearing is on 26 March at Huddersfield County Court. 

Coupon-mad

skintbutwantstosave said:

Coupon-mad said:

If your para 10 is right then the landowner agreement is null and void, if the Judge agrees.

The NEWBIES thread gives you an a-h list of typical exhibits. Whilst not all of those may apply to your case, some do, so I'd never expect to see a WS with only one exhibit.

Thanks I have amended to include some of the example exhibits and submitted the witness statement. 

The Dispute Resolution Hearing is on 26 March at Huddersfield County Court. 

Oh it's only a DR hearing. Half an hour only?

That's not the final hearing unless the Judge kicks out one of the parties' case as hopeless; so TRY HARD to make that happen!

skintbutwantstosave

Coupon-mad said:

skintbutwantstosave said:

Coupon-mad said:

If your para 10 is right then the landowner agreement is null and void, if the Judge agrees.

The NEWBIES thread gives you an a-h list of typical exhibits. Whilst not all of those may apply to your case, some do, so I'd never expect to see a WS with only one exhibit.

Thanks I have amended to include some of the example exhibits and submitted the witness statement. 

The Dispute Resolution Hearing is on 26 March at Huddersfield County Court. 

Oh it's only a DR hearing. Half an hour only?

That's not the final hearing unless the Judge kicks out one of the parties' case as hopeless; so TRY HARD to make that happen!

Ive received their once again late supplemental witness statement. Confirming that the names on the landowner agreement do lease the land. And cited the following case which ill upload as verbatim as their argument. Do we have a case to counter? Other than the ones I've cited e.g excel. 

skintbutwantstosave

Vehicle control service v nick idle and Damien ward (2018) 

Coupon-mad

VCS v Idle and Ward was a terrible decision on appeal, as usual a Circuit Judge (HHJ Saffman) yet again showing zero understanding of:

- the statutory test of 'fairness' in s71 of the CRA 2015, and

- the requirement for a 'breach of a relevant obligation' which ISN'T the case when a car stalled/stopped for 6 seconds (not due to the deliberate action of the driver) and

- to enter a 'parking' contract you must have been afforded a fair chance to read the signs, and

- a parking charge has to have a legitimate interest which in all the circumstances justifies the high charge, and

- the Beavis case WAS NOTHING LIKE IT!