Personal Injury Liability

[PallasAthena]

So DMC24 is your action against the farmer for personal injury etc from spraying a separate claim (ie a third piece of litigation you are involved in) or a counter-claim in the litigation mentioned in your post above (ie the farmer's claim for rent arrears and alleged property damage)?

And are you going to continue as a Litigant in Person in all the litigation?

This started as a thread about your personal injury claim caused by the farmer's spraying but discussion of that seem to have ground to a halt because you will not post up here your claim or their defence apparently because of you not owning a working camera phone or photocopier/printer and not knowing anyone else who does who could help you. That must make preparing your court bundles very difficult. Why don't just go and buy yourself a multi function printer with scanner and photcopier? Basic ones aren't expensive.

If you don't help us we can't help you.

If you want to get the thread back to your 'personal injury from spraying' claim you must find a way to upload here the court claim document and the defence document you have received. We do not need to see the " hundreds and hundreds of pages" of other documents that you referred to in Post #19.

Because without those two documents no-one can offer useful help and then I'm not sure what the purpose of this thread is.

[DMC24]

It's part of my counterclaim. Should I file a new separate claim against the farmers, or leave it as a counterclaim? There are various other elements to my claim/counterclaim - The injuries from the spraying is only one of the factors I am claiming.

Yes will probably remain a LIP

[PallasAthena]

You haven't responded to my comments about us needing to see the personal injury claim and defence so I really have nothing more to add. Good luck with your claim but I'm out of this thread unless/until you post them up.

[DMC24]

I did respond to your comments - As I said before, I am not able to upload what you have asked to see.

Much of what I am claiming for, in addition to injuries caused from the spraying, is detailed in my previous threads, which somebody has already posted links to. I believe that also details what I am counterclaiming for the current possession proceedings as well.

As I have said before, I have no properly particularised personal injury claim to show you, as I have not yet filed any properly particularised details of my claims.

Al I have done so far is briefly complete and file the defence and counterclaim response forms for each of the 2 claims against me.

[DMC24]

I have just read also that farmers and their spraying contractors should keep the height of the spraying boom as low as possible to the crop, to prevent any spray drift, as per HSE safety regulations - Which should be approx 50cm above the crop.

You can see in my photo that their spraying boom was much higher than this, and was overhanging my garden fence, which I think was 4ft high.

They are also in huge violation of safety regulations by allowing the various cocktails of highly toxic poisons to drift outside of their intended target. They deliberately, and repeatedly, drenched my private home and garden, with deliberate intent to cause harm and injury, in an attempt to force me to move out of my home.

The attached video link refers to boom height (at 1:10 into video).

Syngenta - How to Control Spray Drift (youtube.com)

If there are any details or links available to any previous court claims relating to damage caused by pesticide exposure / crop spraying that I could quote, it would be appreciated.

I contacted their letting / managing agents (as per tenancy agreement) back in May 2022 and requested information about what chemicals they had sprayed back, which they refused to provide. I also advised them in May 2022 that injuries had been caused to myself and my pets from their spraying. I also asked them to provide advance notice of any further spraying, direct contact details of the farmers and details of their public liability insurers, all of which was refused and I was falsely accused of lying.

Their spraying report, including details of the chemicals sprayed, and the name of employee who carried out the spraying, states that the report was printed in February 2023, and their solicitors have only just provided me with copy of this report a few days ago.

They have still not provided details of any public liability insurance so assume they have not notified their insurers of potential claim?

[efpom]

This is like knitting with noodles, but it seems to me that the OP is the defendant in two separate claims from two separate claimants.

Claim A is from a former landlord, who is pursuing the OP for unpaid rent and damage to his property. That seems to me to be a pure money claim for £17k

Claim B is from the OP’s present landlord and is an application for a possession order pursuant to section 8 of the Housing Act, expressly ground 17 - Tenancy granted because of a false statement by the OP when applying for the tenancy. That is a discretionary ground, which, if the application succeeds would give the OP two weeks to get out.

Without details of both the claims above and without details of the defence to each and the details of the counterclaims in both sets of proceedings it is impossible to go further.

However, there is one question posed by the OP that I think is answerable. It is that it is most unlikely that the proceedings will be combined into one hearing, because there are two separate claimants. It makes no difference that both claimants are represented by the same solicitor firm.

This thread started out as a personal Injury claim. I do not see how a free standing personal injury claim can be inserted into either of the above proceedings because both claims are, at bottom, for breach of contract by the OP and the personal injury claim is a tort claim by the OP.

[islandgirl]

Claim B is from the OP’s present landlord and is an application for a possession order pursuant to section 8 of the Housing Act, expressly ground 17 - Tenancy granted because of a false statement by the OP when applying for the tenancy. That is a discretionary ground, which, if the application succeeds would give the OP two weeks to get out.

The OP is I believe also over 2 months behind with rent so more than one ground.potentially..although the OP says this was not the case when the S8 was served

"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."

[DMC24]

Regarding combining the two claims against me, the current landlord is relying upon, as part of their possession claim against me, a witness statement of the former landlords (farmers). The evidence in the the two separate claims against me is related and is highly abusive and vexatious towards me to have to now also deal with 2 separate claims. I believe it would be in the best interests of justice if the 2 claims against me were combined and tried together by the same judge.

The money claim against me by the farmers, for rent arrears and alleged property damage is related to the crop spraying. Part of my claim against the farmers also relates to their breaches of contract, and also other elements of damages/losses, and is not solely a personal injury claim for the crop spraying.

Are you suggesting I should not have filed a counterclaim and should be filing a new separate claim as the claimant?

[efpom]

Ref post #37 above

If there are more than 2 months arrears on the date of the possession hearing, a possession order will be granted, as the judge has no discretion - it's ground 8 which is a mandatory ground.

ref post #38

Without sight of the claim(s) defence(s) counterclaim(s) I am in no position to suggest anything!

[islandgirl]

Ref post #37 above

If there are more than 2 months arrears on the date of the possession hearing, a possession order will be granted, as the judge has no discretion - it's ground 8 which in a mandatory ground.

Though presumably only if Gound 8 was part of the original claim to court?

[DMC24]

The current rent arrears have accrued as a direct result of possession action against me and the actions of the various parties involved. I offered to agree to terminate the current 12 month tenancy early, as per the claimants wishes, on agreement of return of my £10,000 advance rent paid upfront, in order to enable me to secure another property and move out of the property. This was unreasonably refused by the claimant and they expected me to move out immediately and expected to just keep all of my advance rent paid. Had they made any attempt to resolve amicably or reasonably, no rent arrears would have accrued.

My counterclaim for damages and financial losses caused to me, far outweigh the amount of rent arrears. I think I need to file a properly particularised counterclaim, which I have yet to do. I previously asked questions relating to this in my previous posts, as am unsure now whether I have to get specific permission from the court to file this, due to the order made by the most recent Judge.

[DMC24]

I may need some help in drafting properly particularised defence and counterclaims. Would anybody possibly be able to help with that?

[atticus]

You are going to need to work with someone on this you will need to give that person the full details in a clear and logical way. This will probably take a good deal of time as by the looks of it there is a lot of information to be gathered and collated.

I will not be that person. I recommend you to consult a solicitor.

[Manxman]

I'm surprised that posters are continuing to assist an OP who has had multiple user names and who has previously been both insulting and abusive to those who have done their best to try to help her. (See links to previous threads in post #24)

I admire those posters' sense of fairness and justice - but I really can't be bothered...

[DMC24]

I have some questions about each of the 2 separate current claims against me, which would help me to decide how to proceed with each. Should I start a separate thread relating to the other claim against me, or post any questions about both claims on this thread?

I think I read somewhere that there is a specific time limit for an ex-landlord to claim alleged property damages, but now cannot find that info. I think they might have exceeded that time limit - Does anybody know what the time limit is for that, and should I include that as part of my defence?

Also, is there any kind of template available as a word document for a defence and counterclaim, where I could amend and fill in the blanks? Thank you