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Summons received, what next?

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Re: Summons received, what next?

Postby TenaciousB » Mon Oct 23, 2017 8:45 pm

shootist wrote:Vexatious litigant?

No. The council are pursuing the case now.
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Re: Summons received, what next?

Postby atticus » Mon Oct 23, 2017 9:27 pm

A person who asserts legitimate rights in a proper manner cannot be described as 'vexatious'.
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Re: Summons received, what next?

Postby TenaciousB » Tue Oct 24, 2017 10:36 am

atticus wrote:A person who asserts legitimate rights in a proper manner cannot be described as 'vexatious'.
But can it be harassment?
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Re: Summons received, what next?

Postby atticus » Tue Oct 24, 2017 10:56 am

atticus wrote:It does seem odd that legitimate assertion of rights may be considered harassment.

The words of sections 1 and 7 of the Protection From Harassment Act 1997 should be considered carefully. They provide good arguments for someone who is asserting legitimate rights in a proper manner.

As well as reading the above, the OP should read section 1(3)(c) of the Protection From Harassment Act 1997 (below). His solicitor may have had that section in mind.
(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a)that it was pursued for the purpose of preventing or detecting crime,
(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.
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Re: Summons received, what next?

Postby shootist » Tue Oct 24, 2017 11:53 am

TenaciousB wrote:No. The council are pursuing the case now.


You were interviewed by the police but the council is pursuing the case now? By pursuing the case do you mean that the summons was issued by the council?
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Re: Summons received, what next?

Postby TenaciousB » Tue Oct 24, 2017 1:15 pm

shootist wrote:
TenaciousB wrote:No. The council are pursuing the case now.


You were interviewed by the police but the council is pursuing the case now? By pursuing the case do you mean that the summons was issued by the council?

I wrote a letter before action, intending civil action against a constant nusiance. The Council are now pursuing that nuisance. A Policeman's name is on the summons.
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Re: Summons received, what next?

Postby 3.14 » Tue Oct 24, 2017 1:27 pm

I am confused by what is going on here. Who is suing you for harassment? The Police due to a complaint? The Council? An individual?
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Re: Summons received, what next?

Postby TenaciousB » Tue Oct 24, 2017 1:45 pm

3.14 wrote:I am confused by what is going on here. Who is suing you for harassment? The Police due to a complaint? The Council? An individual?

I have received a summons for harassment though the Police due to a complaint. Part of the alleged harassment appears to be that I wrote a "letter before action" to the complainant about a constant nuisance of theirs. This nuisance is now being handled by the Council.
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Re: Summons received, what next?

Postby atticus » Tue Oct 24, 2017 2:48 pm

Are you saying that there are other grounds for the alleged harassment than that you wrote a pre-action letter?

There may be more to this than has been disclosed, although if the neighbour is committing nuisances they may not be entirely innocent in all this.

Courts can usually see through these silly feuds. They should probably bind everyone over.
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Re: Summons received, what next?

Postby TenaciousB » Tue Oct 24, 2017 4:22 pm

atticus wrote:Are you saying that there are other grounds for the alleged harassment than that you wrote a pre-action letter?

There may be more to this than has been disclosed, although if the neighbour is committing nuisances they may not be entirely innocent in all this.

Courts can usually see through these silly feuds. They should probably bind everyone over.

Yes there is more to this, but I dont' want to give too much away, and I realise that the responses I get are based only on the information provided. I wrote to the Council about lack of planning permission, building regulations etc but apparently being a whistleblower is also classed as harassment.
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