IN THE HIGH COURT - STRAND - LONDON

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IN THE HIGH COURT                                                                                  Case No.   HQ__________

QUEENS BENCH DIVISION

 

BETWEEN:

  YOUR NAME

                                                                                                                                                                                 Claimant  

and

 

YOUR DISTRICT COUNCIL (1)

 

                                                                                                                                                                     Defendants

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( NOTE: CONTINUED FROM: PARTICULARS OF CLAIM)

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AND THE CLAIMANT CLAIMS:

  1. Declaration(s) concerning the validity or otherwise of the Enforcement Notice issued by this Council in 1986 and the subsequent appeal, in the alternative, Declaration(s) concerning the reasonableness of seeking to uphold said notice, while not seeking to enforce it.

  2. If the Court considers it appropriate with regard to the preceding Claim, and/or as separate issues, Declaration(s) concerning the validity or otherwise of subsequent committee decisions and/or appeal decisions concerning WD/88/4640/P, WD/95/2284/F, WD/98/0996/F and WD/99/0810/F.

  3. If the Court considers it appropriate with regard to the preceding Claims, Declarations concerning compliance with the 1997 Injunction and the removal of toilet, washing and other facilities.

  4. Injunction(s) restraining the Defendant(s) from interfering in the Claimant’s peaceful enjoyment of his home.

  5. Injunction(s) restraining the Defendant(s) from interfering in the Claimant’s peaceful enjoyment of possessions.

  6. Injunction(s) requiring the Defendant(s) to accord The Old Steam House it’s proper local historic status as defined by expert opinion in all future dealings concerning the property and/or to secure for the property a viable stand-alone use and/or to cease their obstruction and/or unhelpfulness.

  7. Should the Court deem it appropriate, Injunction(s) restraining the Defendant(s) from interfering in the Claimant’s right to expression and to impart information concerning his internet presence.

  8. General, and/or special damages or other damages to be decided by the Court for disrupting the Claimants peaceful enjoyment of his home.

  9. Compensation or in the alternative other damages to be decided by the Court for the losses sustained by the Claimant in needlessly pursuing multiple planning applications and/or appeals.

  10. General, and/or special damages or other damages to be decided by the Court for failing to take steps to rectify the injustice caused to the Claimant arising from the failure of the Defendant(s) to properly consult.

  11. If the Court considers it appropriate, general, and/or special damages or other damages to be decided by the Court for the Defendant(s) failing to appoint officers fit for and suitable to carry out the Defendant(s) duty to protect and conserve the historic built environment and/or to assist or encourage the public to conserve the historic built environment.

  12. If the Court considers it appropriate, general, and/or special damages or other damages to be decided by the Court for the Defendant(s) failing to appoint a Monitoring Officer fit for and suitable to carry out their duty to prepare a report for the council, contrary to the Local Government and Housing Act 1989 as amended by the Local Government Act 2000.

  13. If the Court considers it appropriate, general, and/or special damages or other damages to be decided by the Court for the failure of the Defendant(s) to properly keep members advised and/or informed as directed by statute and case precedent.

  14. General, and/or special damages or other damages to be decided by the Court for the Defendant(s) having, by its servants, acted with wanton disregard for the rights of the Claimant or alternatively, in an oppressive, obstructive and unconstitutional manner and/or for wilful misconduct, wilful neglect or for reckless indifference and/or for being unreasonable.

  15. If the Court considers it appropriate, general, and/or special damages or other damages to be decided by the Court for the Defendant’s misuse and abuse of it’s statutory powers and it’s position of authority and control amounting to a misuse of public office and/or misfeasance and/or wilful misconduct and/or wilful neglect and/or reckless indifference and/or obstruction.

  16. If the Court considers it appropriate, general, and/or special damages or other damages to be decided by the Court for the Defendant(s) sustaining a course of conduct with malicious intent or in the alternative reckless indifference and/or for being unreasonable and/or for obstruction.

  17. If the Court deems it appropriate, Declaration(s) as to the incompatibility or otherwise of the limited right of appeal concerning planning appeals from the Secretary of State to the High Court.

  18. Any other order the Court deems appropriate to secure for the Claimant an effective remedy as per Article 13 of the European Convention of Human Rights.

  19. Any other order the Court deems appropriate in the circumstances to secure for the Claimant, justice under any provision, principle or rule of law.

  20. And that the Claimant be awarded his costs in relation to pursuing the above matters, the quantum or scale to be applied, to be decided by the Court.

  21. Interest on the/any sum awarded by Order of the Court from the date of determination until such time as payment is made by the Defendant(s) or otherwise as the Court directs.

I believe that the facts stated in these particulars are true.

 

Signed ………………………………………………….

 

Dated…………………January 2005            Signed by the claimant ________________________