Personal Injury Liability

[DMC24]

Just wanted to add, the spraying report they have provided also has other false data recorded including the wind speed on the spraying days. From what I understand farmers are not supposed to spray if wind speed is above 5. They have recorded wind speeds of between 3 - 5 on the days they were spraying, but I have just checked historical weather data for those days and the wind speed was much higher than they have recorded, including gusts of up to 40 on those days.

Would copy of the historical weather data be acceptable to include as part of my evidence?

Many of the chemicals they have used are proven carcinogenics and are banned in several countries. There is plenty of information online about cancers, miscarriage and various chronic illnesses, diseases and symptoms linked to exposure to these chemicals. Should I include copies of some of these articles as part of my evidence?

I would be grateful if there are any other links to relevant documents or reports that I could include in my evidence for the court, or any examples of other court claims or cases similar in nature.

[atticus]

You are facing a defence that the farmer is not vicariously responsible for the actions of his independent contractor. To understand this legal principle, read articles like this or this.

Your wisest course would be to add the contractor to the action, but you must do this before expiry of the 3 year limitation period from the date of your injury.

It appears that your case may require expert evidence on things like weather/meteorology data and effects of the chemicals used.

I strongly recommend you to download and read the Judiciary's handbook for litigants in person - link in my signature.

[PallasAthena]

We don't know what evidence is relevant to your claim because we don't know what your claim says nor the farmer's defence.

If you want help here you need to help us by uploading the key documents. If your phone camera doesn't work you surely have a friend with a phone that works? Ask for their help. Photocopy the documents first and cover up all personal details and court reference numbers and bar codes then photgraph and upload.

[DMC24]

Would I need to add the farmers/ex-landlords letting/managing agent as an additional defendant as well, or is the farmer liable for their actions, as they were acting on farmers instructions?

The historical weather data I found is from a website called www.visualcrossing.com where you can search past weather data by postcode. Would that be acceptable as data/evidence to provide to the court, to demonstrate the falsified data on the defendants evidence and to show that they have also breached HSE safety guidelines?

I am just trying to get my mind around adding extra parties. I am very confused and sleep deprived.

I have been forced to move home 6 times since the beginning of the pandemic, due to repeated possession proceedings by rouge landlords and letting agents. I do not have a friend who lives nearby to use their camera phone or photocopier. I am not sure the most recent document would be of any help for you anyway, without seeing all of the other previous relevant key documents, which amounts to hundreds and hundreds of pages.

I am also currently dealing with possession proceedings for my current home. This is due to the farmer and their solicitors continuing their campaign of harassment, stalking and abuse against me, as they traced and contacted my new landlord as soon as I had moved home, making false defamatory allegations about me, in order to sabotage my current tenancy, resulting in me being served eviction notice only 6 weeks into a new 12 month tenancy, by the same firm of solicitors acting for the farmer. And they simultaneously filed a separate fraudulent money claim against me, so currently have 2 active claims against me by the same solicitors who acted for the previous possession claim.

Would it be an option to combine the 2 currently active claims against me, as they are related and represented by the same solicitors? I hope that all makes sense?

How much time do I have to file all of my evidence and witness statement etc for my claim against farmer? As the current possession claim is biggest priority?

[atticus]

Even if you do not appear to be responding to previous posts, I do hope that you are reading them and taking them on board.

[DMC24]

Yes I am trying. I have spent countless hours trying to read and learn about these things and do sometimes find it difficult and and more confusing.

[Manxman]

DMC24 - you do need to take on board what PallasAthena and atticus are trying to tell you.

Without understanding the precise relationship between the farmer and whoever carried out the spraying it could be that either or both of them are liable. If you've simply jumped to the conclusion that the farmer alone must be liable, you might be suing the wrong person.

And without knowing what your evidence in support of your claim is - and also seeing both your claim and the farmer's defence - it's impossible to assess whether you have a claim that is likely to succeed against either the farmer or the contractor in the first place...

[islandgirl]

An eviction 6 weeks into an AST? On what grounds?

[Manxman]

This sounds familiar. Have you posted about this here before under another user name?.

Ah...

Not just Malibu1 Help needed with N244 to set-aside Possession order - LegalBeagles Forum


but also Neptune Illegal Eviction 6 weeks into 12 month Tenancy - LegalBeagles Forum


Two threads both of which ended in a rather aggressive and abusive manner ...

[efpom]

What's the amount being claimed?
Has the claim been allocated to a track? - if so, what track?
Is the claimant a litigant in person?
When will the claimant be placed to post up the Particulars of claim and the defence?

[DMC24]

I will try to sum up as briefly and clearly as possible what has happened so far:

The farmer (previous landlords) obtained a possession order, as I failed to attend the previous possession hearing/s due to ill health. This possession order was then set-aside and another hearing date was set, which I also was unable to attend, so possession order was granted and bailiffs were instructed. I finally managed to secure another property and move out a few days before the bailiffs were due to arrive. This was in April 2023.

I had to pay the new landlord approx £10,000 upfront to secure the property (made up of 6 months rent upfront and security deposit), due to my severely adverse credit rating. I had to borrow the money to raise those funds and various other moving costs, forcing me into further crippling debt.

Just 6 weeks into the new 12 month tenancy I was served S8 eviction notice, due to the farmer (previous landlords) and their solicitors having traced and contacted my new landlord (and also contacted other people/neighbours living in the village I have moved to) making false and defamatory allegations about me.

The new landlord and their solicitors and managing agents demanded I leave within 2 weeks and expected to keep all of £10,000 I had just paid them. The grounds relied upon in eviction notice are false and invalid.

I have made every reasonable effort to resolve amicably and also offered to agree to terminate the contract early, on condition of return of all of my money, to enable me to secure alternative accommodation and move out. This was unreasonably refused and possession proceedings were commenced.

The solicitors firm and the farmer (previous landlords) also simultaneously filed a separate money claim against me at the same time for the rent arrears that had accrued during previous possession proceedings and also alleged damages caused to the property, which are wholly false and fraudulent. They are pursuing a claim against me for somewhere in the region of £17,000. I sent their solicitor a without prejudice letter for their client to pay damages to me, in an effort to settle amicably, but this was refused.

I filed a defence and counterclaim for the farmer (previous landlords) claim. I only provided very brief details of my defence and counterclaim, as that is the best I was able to do within the deadline to respond. I have yet to file any properly detailed/particularised defence and counterclaim. This was in May 2023 and no court hearing date has been set for this yet. I received their reply to my defence and their defence to my counterclaim a couple of days ago.

The previous landlords (farmer) and also the current landlord are both being represented by the same paralegal/solicitors firm, which is also the same paralegal who also acted in the previous possession proceedings against me.

The current possession claim against me - I filed a defence and counterclaim, which was again very brief details, as that was the best I was able to do withing the deadline to respond. Hearing date was set for August 2023. I requested to attend the hearing via CVP, but my request was not actioned until the day of the hearing (which I did not attend). A CVP hearing was then listed for October 2023, which I did attend. I was ordered to provide a witness statement relating to my health conditions and another hearing was set for December 2023. I requested to attend the hearing via CVP, but this request was not actioned before the December hearing (which I did not attend).

The claimant and their solicitors have filed a reply to my defence and defence to counterclaim, and also various witness statements from both the claimant and also the previous landlord (farmer). I have filed a reply to their defence to counterclaim, replies to their witness statements and also my own witness statement.

The Judge has ordered that a hearing be listed with time estimate of 4 hours and has been allocated to small claims track, and has ordered that no further evidence is to be filed by either party without permission from the court, and that any request for CVP hearing is to include sufficient medical evidence, and from what I can understand, that as I have not filed a properly particularised counterclaim, only my defence will be considered.

I am unsure whether this is an invitation for me to file a properly particularised counterclaim, or whether I have to now get specific permission from the court to file this? I am also unsure why it has been allocated to small claims track, as my counterclaim (which was briefly outlined along with my original defence) exceeds the maximum amount for small claims track?

I have again requested that the hearing be listed as a CVP hearing, and have also emailed the court requesting permission to file a properly particularised counterclaim, and also queried why it is being allocated to small claims track, as my counterclaim exceeds that amount. I have yet to receive any reply from the court and hearing date has not yet been set.

[islandgirl]

Just 6 weeks into the new 12 month tenancy I was served S8 eviction notice, due to the farmer (previous landlords) and their solicitors having traced and contacted my new landlord (and also contacted other people/neighbours living in the village I have moved to) making false and defamatory allegations about me.

S8 can only apply if you are over 2 months in arrears. This should fail if rent is up to date unless there is something we do not know.

Update: Having just looked back through previous threads the OP wrote this "I will NOT tolerate being blamed and scapegoated for your ignorance and incompetence, Islandgirl." so best I let her get on with it without my "bullying" advice...

[DMC24]

I forgot to add to my previous post - I am also seeking an injunction/restraining order against the farmer (previous landlords) and other parties from any further harassment either directly or indirectly towards myself or any future landlord.

I also asked the court to consider combining the two currently active separate claims against me, as the claims and evidence are linked and both claimants against me are being represented by the same solicitor.

There were no rent arrears at the time S8 notice was served, as I had only just paid them 6 months rent in advance. Now there are accrued rent arrears, as I have made no further rent payments to the landlord since then.

[efpom]

How many separate proceedings are currently ongoing where you are either claimant or defendant?

[DMC24]

2 separate current proceedings against me.

One is a money claim against me from previous landlords (the farmers), for rent arrears and alleged property damage, which was filed in the Civil National Business Centre.

The other is a possession claim from current landlord.

Both claimants against me (previous farmer landlords and also current landlord) are both being represented by the same paralegal/solicitors firm, which is also the same paralegal who was acting for the farmers in the previous possession proceedings against me.

The previous landlords (farmers) and their paralegal/solicitors traced and contacted my new current landlord, making false and defamatory allegations against me, solely in order to sabotage my current tenancy.

In May 2023 I was simultaneously served by their paralegal with the money claim and also the latest eviction notice - Both served about 6 weeks into my current tenancy.

I am the defendant in both separate claims and have filed defence and counterclaim against both claims (although only brief details of counterclaims and not properly particularised).