Hearing this morning. TLDR: Adjourned for documents to be filed and scheduled for a 1-day-trial.
This had nothing to do with the Lendy/P2P aspect of things
Rough transcript below for those who are interested.
[Notes like this] were added after the hearing
'Rich' = the claimant (ie the Council Richmond Upon Thames)
'DJ' = the borrower
'J' = The Judge
Start: 11.20 London County Court
Before His Honour Judge Saunders
Dj in person,
Richmond v Dj
2hr injunction hearing
J:just been dealing with another hearing
J: what do you want me to do , last time I recall very well mental health issues, preventing him from dealing with this case
Rich: no filings, ordered witness statement file and serve by 2nd Aug as to capacity to litigate. Haven’t had anything
J: I haven’t had any further medical report, remember last hearing very well. Seen dr report, I adjourned
*Dj Phone Rings*
J: don’t worry it happens even to judges
The position was you were going to file evidence that you didn’t have capacity to deal with the case. Because you have filed Skeleton Argument and you have appeared today, written filings and expressed …. This means the happy news is that you are better and able to conduct our case. Is it right I should put capacity issue aside?
Dj: yes
J: ok we can proceed.
Rich: I have issue with proceedings today, filings have only happened on Monday, sent via e-mail and instructing officer on leave until yesterday. Now had a chance to take instructions for new filings done belatedly. Sent email this week asking if hearing effective.
J: unfortunately with volume of work only got to me yesterday
Rich: we did have counsel to appear for council, late filing [meant we cancelled].
J: issue of Dj capacity was issue forefront. He is now well, very pleased to hear that. Difficult for case to proceed
Read dj w/s and submission, clear to me even if all witnesses were here and counsel for council that it would take longer than 2hrs, less than that now. I’m minded to adjourn today, wouldn’t be able to make a decision
Dj: I dd serve [all my papers], on my previous occasion I was told council would be LIP
J: today best served making directions
Do you wish to serve further evidence?
Rich: we will, given new filings, some of the allegations in his evidence.
J: ok is it your intention to file more evidence.
Dj: Yes I have to have opportunity to reply. So I will propose whatever further disclosure [there is] gives me time to address.
J: ok I have seen your witness statement. I haven’t seen Witness Statement from yourself.
Dj: [it’s in my] def and counterclaim.
J: you need to do a proper witness statement
J: how long to prepare?
[The court has] WS from family members, you need to file your own WS, expect [that to be] based on your defence statement. How long to prepare?
J: [drafting order] upon hearing sol for claimant and Def in person, on def having informed the court that he has capacity to conduct these proceedings it is ordered that 1) the def do file and serve any further Witness statement in support of his case, if so advised within 14 days.
The claimant will need to file some I expect.
Rich: he has filed a counterclaim.
J: the court can’t deal with that, it’s a deformation claim, it’s a high court matter. The County court might have to be xfer to high court
If you make a claim for deformation the county court can’t deal with it. can become separate proceedings,
Dj: My Children have been photographed, my sister is upset
J: I thought there is no law of privacy, in France there is.
Dj: I have been in that situation before. If the children in a public place, but children on private property then that’s not the case.
J: so if I say claimant file and serve evidence in reply. how long do you think you will need?
Rich: 14 days for reply
J: ok 14 days.
J: other matter I idle-ly thought about. A lot turns on interpretation of planning permission. Clearly I can make that interpretation. Might be a case where I get a planning expert. I app council are planning experts themselves.
Rich: the law is clear in terms of enforcement. The act is clear on what the council can and can’t do.
Dj: independent planning expert, planning dept conduct in question. 2 have been arrested, 7 have resigned. I refer to council admitting themselves …… [is cuts off]
J: I can’t hear argument today
J: I can certainly interpret [the act] myself.
Rich: I have sent him the ones that we use to make that sort of enforcement.
J: councils aren’t always right,
Rich: we are hoping the legislation is right
J: I’m not saying you won’t succeed on that. In fairness I have to listen to Dj on that. I might be assisted by a planning expert.
Dj: I had a planning matter in the high court, there was a planning matter debated successfully with a judge who was a planning expert, the following judge was a criminal expert.
J: I give defendant permission [to get] evidence from a planning expert, qualified planning expert as to the interpretation of the planning permissions to which he is subject to. Such report to be filed within 28 days. I want to get this back to court soon.
Can I ask council to prepare a bundle. Claimant do prepare an agreed bundle for the final hearing both parties to file skeleton arguments to be served on the other party and lodged with the court at least 3 days prior to the hearing. The hearing itself time estimate? it’s going to be a day at least?
Dj: at least
J: list for 1 day hearing first available after 56 (?) days, reserved to me, costs in the case. OK we can resolve this as soon as possible.
J: just be very careful how you use the pontoons
Dj: I know planning law very well. I advise on planning as part of my job
[Ends]