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back from court - 2 dates
contractor
post Fri, 30 Mar 2007 - 10:49
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I put in a small claims form for the 2 dates issue bask in October. Council contested juristriction of County Court. The council put in a motion to dismiss back in December which was rejected in chambers and I had to do a reply to defence. Finally went to court proper this morning where the judge ruled on their application to dismiss due to the court's juristriction.

Strauss v. Kensington very useful for me here (the old pay or contest but not both argument). Judge ruled to deny their motion and ruled that the county court did in fact have juristriction to rule, although the Judge seemed to have already laid into them on other parts of thier argument (I just shut up during that part!).

I will now get my day in court to discuss the matter proper. It's been a hard slog so far (court twice without discussing the real issue) and I wonder what else Bexley will try to put in the way during allocation. (Council solicitor asked for 28 days rather than 14 for submission of defence proper, Judge gave them to 20/4).

Onwards we go....

This post has been edited by nemo: Fri, 19 Oct 2007 - 14:35
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post Fri, 30 Mar 2007 - 10:49
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Driver22
post Sun, 30 Nov 2008 - 14:45
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QUOTE (Teufel @ Sat, 29 Nov 2008 - 15:11) *
but tye are not pcns and saldy it seems only a high cout atcion will rule on this issue


But there has already been a high court action on the "two dates" issue , they were not pcn's because Justice jackson ruled so. Surely county court judges should abide by it, as was done in Southend and Bexley. How is it that in these other cases and the recent Hastings case county court judges overrule a high court precedent?
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clark_kent
post Sun, 30 Nov 2008 - 16:24
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QUOTE (Driver22 @ Sun, 30 Nov 2008 - 14:45) *
How is it that in these other cases and the recent Hastings case county court judges overrule a high court precedent?


There was no case in the High Court regarding restitution of PCNs so how can there be a precedent?
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ftc001
post Sun, 30 Nov 2008 - 17:52
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QUOTE (clark_kent @ Sun, 30 Nov 2008 - 16:24) *
QUOTE (Driver22 @ Sun, 30 Nov 2008 - 14:45) *
How is it that in these other cases and the recent Hastings case county court judges overrule a high court precedent?


There was no case in the High Court regarding restitution of PCNs so how can there be a precedent?



No, but it is likely there will be one soon Boy.

This post has been edited by ftc001: Sun, 30 Nov 2008 - 18:17
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Driver22
post Mon, 1 Dec 2008 - 13:01
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mmm - Interesting. How likely and how soon?
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