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Mildenhall court case


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is that the end of the stadium, only just catching up on things. ?

 

The court summary indicates that the injunctions were to be decided after consultation with counsel.

 

The newspaper report seems to suggest that they have been issued but the details aren't clear.

 

The costs are mind boggling, and one has to wonder whether it was all worth it -even the couple who took the action are looking at £250k.

Edited by Halifaxtiger
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I'd be interested to know what the terms of the judgement are re payment? Legal firms don't tend to wait over long before wanting their bills settle, and judgements usually set out timings to make payment?

I agree its ridiculous.. too often those involved think with that narrow-minded self assurance that they are right, and, naturally, will win the case and have their fees paid... rarely works out that way, and usually all involved suffer from extortionate needless cost. :rolleyes:

Edited by rhidassa
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I'd be interested to know what the terms of the judgement are re payment? Legal firms don't tend to wait over long before wanting their bills settle, and judgements usually set out timings to make payment?

I agree its ridiculous.. too often those involved think with that narrow-minded self assurance that they are right, and, naturally, will win the case and have their fees paid... rarely works out that way, and usually all involved suffer from extortionate needless cost. :rolleyes:

Most legal firms will want paying as they go along. They will be invoicing whats on the clock on a monthly basis. They dont like leaving large bills running, then running the risk of not getting the money from the client. Makes it even harder when they lose. I think the Bill is a lot more than people are suggesting. If one side had a bill of 400k, then you can be sure the other sides bill will also be around that figure. Plus dont forget there were more than 2 parties involved in all of this.

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I agree its ridiculous.. too often those involved think with that narrow-minded self assurance that they are right, and, naturally, will win the case and have their fees paid... rarely works out that way, and usually all involved suffer from extortionate needless cost. :rolleyes:

 

Dead right :approve:

 

I am not certain what anyone has gained from this. Dave Coventry and the Moto X chap have huge legal bills and the possibility of their facilities closing for good and the complainant also has a huge legal bill, a gutted house and the possibility of long term harrassment.

 

Most legal firms will want paying as they go along. They will be invoicing whats on the clock on a monthly basis. They dont like leaving large bills running, then running the risk of not getting the money from the client. Makes it even harder when they lose. I think the Bill is a lot more than people are suggesting. If one side had a bill of 400k, then you can be sure the other sides bill will also be around that figure. Plus dont forget there were more than 2 parties involved in all of this.

 

According to the newspaper report, Dave Coventry & the Moto X chap have to meet 60% of the complainant's costs, while the complainant has to meet costs incurred by those who have had their cases dismissed.

 

The bill will probably be around £1m all told, with the complainant liable for around £250k nd Dave Coventry and the Moto X chap liable for the rest between them.

 

Truly astonishing.

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Dead right :approve:

 

I am not certain what anyone has gained from this. Dave Coventry and the Moto X chap have huge legal bills and the possibility of their facilities closing for good and the complainant also has a huge legal bill, a gutted house and the possibility of long term harrassment.

 

 

 

According to the newspaper report, Dave Coventry & the Moto X chap have to meet 60% of the complainant's costs, while the complainant has to meet costs incurred by those who have had their cases dismissed.

 

The bill will probably be around £1m all told, with the complainant liable for around £250k nd Dave Coventry and the Moto X chap liable for the rest between them.

 

Truly astonishing.

I thought Coventry and Moto X had to pay 60% 0f 400k = which is 240k ( plus their own costs) leaving the other side to pay 160k, less what thet were given as a settlement.

 

Like you say truly astonishing, but par for the course once it gets that far. Can you imagine what the bill will be if Cov and P'Boro take on the BSPA...wow

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I thought Coventry and Moto X had to pay 60% 0f 400k = which is 240k ( plus their own costs) leaving the other side to pay 160k, less what thet were given as a settlement.

 

Like you say truly astonishing, but par for the course once it gets that far. Can you imagine what the bill will be if Cov and P'Boro take on the BSPA...wow

 

That's right.

 

The other side also have to pay the costs of two others (Terry Waters was one) so they are probably up to £250.

 

I bet the costs the BSPA & C& P have had are substantial and all for bugger all. :rolleyes:

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Taken from RDC website:

 

'Joint statement from Terry and James Waters, Cliff Bastick on behalf of Moto-land UK Ltd, and Dave Coventry trading as RDC Promotions.

 

The Judgement was handed down on Friday in the High Court regarding the alleged noise nuisance from Mildenhall Stadium and the adjacent Motocross track at West Row. Whilst we are naturally disappointed that the Judge found the activities at the Stadium and Track to be a noise nuisance, there is no immediate threat to the future of either the Stadium or Track as the terms of the injunction are still to be finalised, and in any case will not come into effect until the Claimant’s property is habitable, or the 1 January 2012, whichever happens sooner.

 

The Judge has totally dismissed all claims against all of the Defendants in relation to the alleged campaign of harassment and intimidation, including the most serious claims regarding the forklift attack and the fire at the property, and stated that the alleged circumstantial evidence amounted to little more than the coincidence of the attacks upon Fenland during the period in which this action was pending.

Damages were granted to Ms Lawrence and Mr Shields jointly in the sum of £10,425 against Moto-land UK Ltd, £10,325 against Dave Coventry, and £100 against James Waters. The Claimants’ insurers will however have to reimburse Terry Waters, Tony Morley and James Waters’ full costs as the case against them failed.

 

The Claimants’ legal advisors asked the Judge for the right to appeal against this decision, which he refused, as he believes there is no realistic chance of success. However, there is still the option open for them to approach the Court of Appeal, so we must wait for now to see what course of action they are going to take. Meanwhile, activities at the Stadium and Track will continue.

 

We would like to thank everyone for all of their support throughout this action, particularly those who wrote letters of support and appeared in court as witnesses on our behalf.'

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Surely if someone takes you to court and claims you burnt down their home and all the other claims, you can have them for slander? Or we'd all be taking our enemies to court when something we didnt like happed.

 

think the wording was 'linked' to their complaint. they were careful not to claim any specific person did it just that it was linked so theres no chance of any claim against them for that

 

bloody crazy the whole thing buying a house there and trying to get something that has been there a lot longer shut down. whats even more bloody stupid is the legal system that lets them do it. stinks of discrimination u can bet it wouldnt happen if it was old trafford or anfield

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bloody crazy the whole thing buying a house there and trying to get something that has been there a lot longer shut down. whats even more bloody stupid is the legal system that lets them do it. stinks of discrimination u can bet it wouldnt happen if it was old trafford or anfield

 

Or Mildenhall Air Base for that matter!

 

We live in Mildenhall town and when the wind blows in the wrong direction the sound of the aircraft engines is quite loud and can go on for some considerable time. But we chose to move there and knew all about the airbase so we just get on with life!

 

The laws in this country are crazy allowing someone to move to an area and then start complaining about things that have been there years before :mad:

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The laws in this country are crazy allowing someone to move to an area and then start complaining about things that have been there years before

 

These cases can be successfully contested as happened down in Devon with Mansell's track, but unfortunately you need to have deep pockets. Most complaints turn out to be frivilous or even fraudlent, but the biggest problem is that councils have now unreasonable powers with respect to noise. Whilst they can also be contested, it takes time and money to do so, and even if you win you can't get compensation for any losses you've incurred in the meantime. If you happen to have an unsympathetic council, then they can make life very difficult regardless of the validity of the original complaint.

 

With respect to Mildenhall though, it would seem not to be a terrible result for the track although the only winners are the lawyers.. :(

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With respect to Mildenhall though, it would seem not to be a terrible result for the track although the only winners are the lawyers.. :(

 

Never was a truer word spoken and surely a rule must come into force limiting legal fees for this cash trousering profession, to a sum not exceeding the amount of the settlement awarded.

 

Then no frivelous cases would be taken on by them.

 

The whole legal profession with its procrastination and air of mystery needs to be regulated far better than it is because I see no evedence of regulation merely a fee collection organistion that gets worse as time goes by. I put them close to the bankers in terms of greed and I am not speaking about any individuual case its the whole system.

 

Malcolm Vasey

Edited by Proud Potter
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I put them close to the bankers in terms of greed and I am not speaking about any individuual case its the whole system.

 

I think they're actually worse, because bankers at least try to create wealth whereas the lawyers just leech off it. As you say though, it's the system that allows such frivilous cases to be brought in the first place which has merely served to make both the plaintiff and defendants poorer.. :(

 

On a more positive note though, there's now established case law in favour of long-standing motor sport venues, who are also getting better organised against the complainers.

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Never was a truer word spoken and surely a rule must come into force limiting legal fees for this cash trousering profession, to a sum not exceeding the amount of the settlement awarded.

 

Then no frivelous cases would be taken on by them.

 

The whole legal profession with its procrastination and air of mystery needs to be regulated far better than it is because I see no evedence of regulation merely a fee collection organistion that gets worse as time goes by. I put them close to the bankers in terms of greed and I am not speaking about any individuual case its the whole system.

 

Malcolm Vasey

Except, of course, who makes the laws? Parliament. And who comprises members of Parliament? Lawyers. I rest my case ... :angry:

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Except, of course, who makes the laws? Parliament. And who comprises members of Parliament? Lawyers. I rest my case

 

Brilliant.

 

And the rest of Parliament on the governement benches are the dullards who are backing them in the ConDem Coalition who like lemmimgs at the cliff's edge have ensured that the Liberals will not see power for three or four generations becuase of their crass lies and equally dumb participation in this dreadful governement.

 

When will some of the extra VAT etc raised by the increase in oil prices come back to us?

 

Osborne is trousering the lot and saying he may leave the extra penny off in April. That's big of him.

 

 

Malcolm Vasey

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Brilliant.

 

And the rest of Parliament on the governement benches are the dullards who are backing them in the ConDem Coalition who like lemmimgs at the cliff's edge have ensured that the Liberals will not see power for three or four generations becuase of their crass lies and equally dumb participation in this dreadful governement.

 

When will some of the extra VAT etc raised by the increase in oil prices come back to us?

 

Osborne is trousering the lot and saying he may leave the extra penny off in April. That's big of him.

 

 

Malcolm Vasey

Sounds like it has been a bad day Malcolm!! We need a peasants revolt to get us back to normality. Do you know any that could lead us into battle?

Martin

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Brilliant.

 

And the rest of Parliament on the governement benches are the dullards who are backing them in the ConDem Coalition who like lemmimgs at the cliff's edge have ensured that the Liberals will not see power for three or four generations becuase of their crass lies and equally dumb participation in this dreadful governement.

 

When will some of the extra VAT etc raised by the increase in oil prices come back to us?

 

Osborne is trousering the lot and saying he may leave the extra penny off in April. That's big of him.

 

 

Malcolm Vasey

 

 

What a great shame that Politics have to be brought into the matter as it has no bearing whatsoever on the subject- it is when governments let things go and borrow money hand over fist that problems such as we have now finally come to a head- and that is exactly what has happened- FACT,

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