Page 135 - 9. 1st half 2018 New 26-05-21 No Table
P. 135

the Claimant's questionnaire was filed on 17th
                 November 2017 and there could be a possibility
                 of the Court reconsidering its decision of striking
                 out the Claim. I find his conduct against the spirit
                 of the Civil Procedures Rules which encourage
                 parties to cooperate, communicate and try to
                 resolve dispute out of Court. The Court order
                 dated 02nd January 2018 could have been
                 avoided had the Defendant acted with more
                 fairness and this conduct has partly triggered the
                 necessity to make this application notice which
                 means that the Claimant is now Incurring more
                 costs.
                 14.1 am also instructed that since the Court made
                 the interim injunction order on 09th August 2017,
                 the Defendant's anti-social Behaviour  has ceased
                 towards the neighbours and no complaints have
                 been received from them. I am therefore of the
                 view that the residents and employees of the
                 Claimant could be prejudice if the Claim and
                 interim injunction order were not reinstated.
                 15. As a result of the above, we would like the
                 Court to set aside the orders made on 13th
                 December 2017 and 02nd December 2018. The
                 Claimant would also like the Claim and interim
                 injunction to be reinstated and an order that the
                 Defendant pays the Claimant’s costs as his
                 conduct has led to the necessity to make the
                 present application.

               28

                         CLAIM NUMBER: D02EDO73

                   IN THE EDMONTON COUNTY COURT

                                  BETWEEN:

                                 {CLAIMANT}

                  THE MAYOR AND BURGESSES OF THE
                     LONDON BOROUGH OF ENFIELD

                                      -AND-

                                 (DEFENDANT)

                            MR SIMON CORDELL

                             DIRECTIONS ORDER
   130   131   132   133   134   135   136   137   138   139   140