OV9

Danger nuggets!

Beany wrote: ↑Thu Mar 07, 2024 7:45 pm

Mito Man wrote: ↑Thu Mar 07, 2024 7:37 pm Imagined you'd be much harder if you're from that for North

Who says I'm not hard?

Now excuse me while I go collect that darling spider off my wall and gently put him into next doors garden.

Can I just say that in the future, even without a poll by Mik to confirm, no one on this forum wants you to tell us when you’re hard, old Bean..

IanF wrote: ↑Thu Mar 07, 2024 10:35 pm

Beany wrote: ↑Thu Mar 07, 2024 7:45 pm

Mito Man wrote: ↑Thu Mar 07, 2024 7:37 pm Imagined you'd be much harder if you're from that for North

Who says I'm not hard?

Now excuse me while I go collect that darling spider off my wall and gently put him into next doors garden.

Can I just say that in the future, even without a poll by Mik to confirm, no one on this forum wants you to tell us when you’re hard, old Bean..

I mean, you're the one who made it weird.

Court today. We had 20 minutes allocated for the possession hearing and my neighbour submitted an 84 page defence full of absolute nonsense. Due to the overwhelming amount of documents and the seriousness of forfeiture, the only like outcome was an adjournment.

However, one of the elements of my neighbours defence was a claim that that they had submitted an appeal to the court of appeal, after unsuccessfully submitting to the High Court first. Nobody else has seen this alleged appeal, despite the fact they should have served it to me.

We suspect this alleged appeal is a bluff, they certainly don’t have any grounds for appeal, let alone leave for appeal. So counsel went straight to clarifying the status of the appeal, as we can’t proceed if there is an appeal. Neighbours fluffed their answers and vaguely said there was an appeal but failed to provide any evidence of it. The judge sent us out of the court while he tasked the court staff to search for any record of said appeal. The judge also phoned his friend who happened to be the head clerk at the court of appeal.

Aside from the rejection from the high court, there was no other record of the appeal. Judge said it might be being processed, then asked neighbours for the appeal to be shared by 4pm Monday. The neighbours fluffed things again and said they didn’t have the facilities to print it. Counsel quickly offered to accept service by email, which the judge felt was very pragmatic, so made an order that neighbours have to serve the appeal documents by 4pm Monday.

Judge also did something compeltely unexpected. He then called the courts offices and booked a 30 minute hearing for us for next Friday to resolve this.

So, back in court again on Friday and hopefully it will show my neighbours to have lied and mislead the court, thereby moving one step further towards wrapping up this whole thing!

those who lie deserve all they get.

The judge did exactly the right things there - excellent work.

Jobbo wrote: ↑Sat Mar 09, 2024 5:49 am The judge did exactly the right things there - excellent work.

Given the circumstances, it was a great outcome and the judge very actively wanted to move the case forward in the limited time available "so it doesn't get kicked into the long grass" were his words. In the two weeks prior to the hearing, the neighbours had also emailed the court three times begging for an adjournment, for lots of reasons, including not having time to read the bundle of documents. He seems to forget that he wrote about 70% of all correspondence so far in this case . The judge had also refused those requests for an adjournment, offering to hear the request again at the hearing.

While it's unlikely the next hearing will be the last, it's a good feeling to make progress. There's a slim possibility it might get sorted this year

If anyone's wondering what all this costs... so far we're now up to around £55k for legal and survey costs, and courts have awarded costs orders for £8k of that so far. Waiting on one more costs hearing and the costs awarded for these current hearings, which might add another £12-15k of costs orders, so around 35-40% of total costs. However, if we get to forfeiture and the neighbours don't have any other assets then I won't get any of that back. The leases have crappy provisions for costs, which is why it's totally at the discretion of the judge as to whether they award any.

Sounds like you're nearly there and good to hear the judge is trying to move things quickly to what you'd hope will be a resolution.

55K is not surprising, but what a kick in the nuts to end up not getting any of it back given what you're expecting to happen.

If you manage to forfeit the lease you’ll at least have a paper profit for all you’ve spent.

Unsurprisingly my neighbour has failed to provide any evidence of his application to the court of appeal by 4pm today as ordered by the court. He did provide the documents showing his dismissed application to the high court.

Having used this supposed application in his defence and having told the court last Friday that he had put in an appeal, this is going to make him look very bad come Friday’s hearing.

At least it sounds like you have a judge who is not going to take this BS for much longer @Gavster

I was speaking to an architect about our barn renovation today and when he could get up for a look, potential timelines etc.

"Well, looking at the pictures, first thing I need to do is get a quote for bat survey to be carried out by an experienced bat specialist"

Of course you do.

The gravy train just keeps on coming down the line.

Proper bat surveys can only be done at certain times of year - May I think - so check that out a.s.a.p. or you could be waiting 12 months for a bat surveyor. Other times they can only check for droppings etc; they won't be able to verify whether there are or aren't any bats actually roosting.

lol, how on earth do you know that?!

Its April to August thankfully!

Ascender wrote: ↑Tue Mar 12, 2024 3:03 pm
first thing I need to do is get a quote for bat survey to be carried out by an experienced bad specialist"

Dude - try and get a good specialist!

Ascender wrote: ↑Tue Mar 12, 2024 3:42 pm lol, how on earth do you know that?!

Its April to August thankfully!

I've had clients say their demolition has been delayed for a year due to missing the bat survey window - it sticks in the mind
Have found other advice that says Phase 2 surveys must be between May-September and there must be at least three spaced-out surveys; and if there is evidence of activity or high potential then the end of August is the deadline for the majority of them. Start as early as you can; you're in time for this year's window of opportunity

mik wrote: ↑Tue Mar 12, 2024 4:35 pm

Ascender wrote: ↑Tue Mar 12, 2024 3:03 pm
first thing I need to do is get a quote for bat survey to be carried out by an experienced bad specialist"

Dude - try and get a good specialist!

Feckin' autocorrect!

Jobbo wrote: ↑Tue Mar 12, 2024 5:01 pm

Ascender wrote: ↑Tue Mar 12, 2024 3:42 pm lol, how on earth do you know that?!

Its April to August thankfully!

I've had clients say their demolition has been delayed for a year due to missing the bat survey window - it sticks in the mind
Have found other advice that says Phase 2 surveys must be between May-September and there must be at least three spaced-out surveys; and if there is evidence of activity or high potential then the end of August is the deadline for the majority of them. Start as early as you can; you're in time for this year's window of opportunity

mik wrote: ↑Tue Mar 12, 2024 4:35 pm

Ascender wrote: ↑Tue Mar 12, 2024 3:03 pm
first thing I need to do is get a quote for bat survey to be carried out by an experienced bad specialist"

Dude - try and get a good specialist!

Just do the five day course and become 'the' bat specialist - I'm working with a developer in Chelmsford at the moment who did exactly that as the Council insisted on a bat survey but there is no-one in the area.

Jobbo wrote: ↑Tue Mar 12, 2024 5:01 pm

Ascender wrote: ↑Tue Mar 12, 2024 3:42 pm lol, how on earth do you know that?!

Its April to August thankfully!

I've had clients say their demolition has been delayed for a year due to missing the bat survey window - it sticks in the mind
Have found other advice that says Phase 2 surveys must be between May-September and there must be at least three spaced-out surveys; and if there is evidence of activity or high potential then the end of August is the deadline for the majority of them.

It's enough to drive you bat-shit crazy.

Jobbo wrote: ↑Tue Mar 12, 2024 5:01 pm

Ascender wrote: ↑Tue Mar 12, 2024 3:42 pm lol, how on earth do you know that?!

Its April to August thankfully!

I've had clients say their demolition has been delayed for a year due to missing the bat survey window - it sticks in the mind
Have found other advice that says Phase 2 surveys must be between May-September and there must be at least three spaced-out surveys; and if there is evidence of activity or high potential then the end of August is the deadline for the majority of them. Start as early as you can; you're in time for this year's window of opportunity

Trust Jobbo to have this kind of info right off the bat.

As furry as bat's noses are to stroke, is the ideal outcome is a bat-free barn?