Just A Quickie (Kick Off Day Tomorrow In Chancery,4 Days)

[notnutnut]

Any opinions on if the ECCHR could be used to challenge planning planning inspectorate decision given it is proven/alleged to contravene the defined rights of the individual or is there a protocol or prescribed methodology before this option ? Any help please.

[boxtops]

I'm sorry, I don't understand the question.

[buildersmate]

NNN

It seems to me to be a pretty futile activity trying to think up the next legal escalation that you could employ in the event of failure at the current one, before the current one has even followed due process.

I gave you the answer to what happens if a HC judge considers the Planning Inspector has failed in a planning appeal - he/she send it back to the Planning Inspectorate for another bite at at.

Unless you are made of money (which other questions suggest you are not) I earnestly suggest you stop in your constant attempt to plan the route to throw yet more money at this.

[notnutnut]

buildersmate,sorry if i confuse you but maybe I should have asked,is it H.C judge first in terms of a challenge You're correct apropos funding levels and i'm more than happy to post the 'redacted' decision if you like for comment,this is not directly linked to the civil case just the commonality of witnesses.My honest opinion is that the decision is not lawful due to it's inclusions/exclusions,I'm no expert but I do read on how the inspector should interpret/apply the the law and do believe he's wrong and I'm right,honestly,I would appreciate your response on this (and all others) really,thanks for all your comments !

[factor-fiction]

Do you still have a solicitor representing you on this? However good buildersmate is I would have thought that your solicitor is more familiar than we are with all the details and issues.
I'm puzzled though by what you say about the decision not being lawful- as the hearing hasn't started I'm not sure what decision you mean, and if you mean something in the past then won't that be looked at as part of tomorrow's hearing?

[notnutnut]

factor-fiction,I appreciate your ongoing assistance in this but I believe I may have confused you as well as bm,I do still have legal representation but.........I don't know if at the moment I should expand on this topic or trust to my own judgement and pursue,this is pretty much the course taken so far and by far the best by results/expediency.My involvement in this case is to defend my mother against adjacent neighbors who,without recourse to traditional methods like an offer to buy,have used the alternative method of turn up nine handed and rip all my mothers allotment plants flowers etc out (well videoed) and construct an ever evolving set of 'witness' statements in support of.They need access for a development nearby apparently,No evidence on their part,just statements from the 'usual suspects' rentawitness scheme. I've just located and adduced ariel images from '62 to '88 in steps and hope this does the trick and modified 'particulars of claim' to take account of this,my idea not our advocates.She's had no use of her allotment since 9/09 and at 86,in my opinion,could do with the continued activity she gained from this garden. Neither my mother nor I have ever been guilty of telling a lie in court unlike the claimants who all test positive on this and that's one reason why it's best I don't expand on my opinion of how this has been defended. I've always said if additional info was asked for by you it would be forthcoming,any links,threads to a place to find honest legal advice would be very much appreciated.The decision I regard as potentially unlawful is a planning inspectorate decision that is not directly linked to this civil case,it's just coincidental has the same witnesses as objectors surely,,,,,,,,,,,,, Hmm. Say no more,I'll update tomorrow,thanks for the help and if you're allowed to recommend please do.

[factor-fiction]

Yes, I'm afraid I'm completely confused- unless you don't trust your legal representative and like to follow your instincts and go off in a different direction during a hearing.
Good luck

[FredPuli43]

notnutnut, your judgment doesn't come into it. Do you know the expression "You don't buy a dog and then bark yourself"? Why you should bother yourself, or us,with questions which are for your lawyers, your "dog", and their judgment, is beyond me.

[Peter Pedant]

.


slo motion car crash

by chancery - you mean Royal Courts of Joosteece on the Strand ?

anyway good luck

[Barmaid]

Not sure Peter, from previous posts this case was being dealt with by HHJ Hazel Marshall who sat at Central London County Court. She retired last year. So presumably this is at CLCC in the Chancery list there.

[wolf63]

I wish you well in your action. Remember and come back to tell us you get on. :-)

[Mojo-Jo-Jo]

T the risk of receiving a rant as a reply, does you mother own or rent the land in question?

[Mojo-Jo-Jo]

*At

[Barmaid]

Notnutnut

My throw away email address is [email protected]

I will NOT give you legal advice nor enter into correspondence about the case, but I am in CLCC on Thursday and Friday and was thinking I might pop along to your hearing and get a better understanding of what is going on (if it is still going by then, since I understand it is only listed for 4 days).

[Peter Pedant]

No gold stars available B'maid


but if they were you would get one !

anyway good luck..... all rise !


PP