Threat to life: We are being threatened with insurmountable debt as well as homelessness by the Mayor of London-commissioned St Mungo's
28/11/2019
This exchange [with St Mungo's today] echoes the kind of exchange one might have with a robot who keeps ignoring your plain and valid responses!
Donald A. Collins
Founder, International Services Assistance Fund
Our Church and State website has no less than 57 Nobel Laureates on it; for details, see this blog's sidebar under "Church and State" (updated today).
County Court at Central London, Royal Courts of Justice
Batchelors Solicitors have sought an Order striking out Declan's claim pursuant to CPR 3.4(2)(a) and / or summary judgment pursuant to CPR 24.2(a)(i). They have also applied for their costs. In Coghlan v Chief Constable of Cheshire Police, the judge observed that:
"While applications to strike out under r.3.4(2)(a) and for summary judgment have in common the core assertion that the other party cannot succeed on its pleaded case, there is of course a difference in approach. Whereas the focus of the enquiry under r.3.4 is upon the pleading, Part 24 requires analysis of the evidence. That said, the court should be wary of any invitation to weigh competing evidence and make findings upon the papers. Summary judgment is only to be given in clear cases."
"While applications to strike out under r.3.4(2)(a) and for summary judgment have in common the core assertion that the other party cannot succeed on its pleaded case, there is of course a difference in approach. Whereas the focus of the enquiry under r.3.4 is upon the pleading, Part 24 requires analysis of the evidence. That said, the court should be wary of any invitation to weigh competing evidence and make findings upon the papers. Summary judgment is only to be given in clear cases."
This evening Declan asked the Court for time to reply to a whole series of false claims upon which costs have been sought. And that's not to mention a stack of misleading information.
The Court Manager
County Court at Central London
Royal Courts of Justice
Address removed for email
BY EMAIL AND RECORDED POST
28 November 2019
Dear Sir,
Claim Number: F03CL589
Claimant: Declan Heavey
Defendant: St Mungo's
I hereby ask that the Court allow me time to file and serve my reply to the Defendant's Defence, which I received mid-afternoon today.
The Defendant has invented a series of false claims and left out key evidence because it would undermine the negative portrayal of me that it is seeking to give the Court.
Furthermore, the Defendant's website makes it very clear that clients have to be ready to move on and that Tenancy Sustainment Teams (TSTs) offer "critical support" to help tenants "access training or employment opportunities". All I have most recently requested is the most basic support to this end through learning disability volunteering (meaning the willingness of my TST caseworker to vouch over the phone that I am a client of his).
The Defendant has provided the Court with no reasonable explanation for the denial of this most basic support. In fact, the Defendant completely ignores in its Defence this simple request of mine.
I ask for 21 days from the date of service of the defence to file my reply.
Yours faithfully,
Declan Heavey
cc: Batchelors LLP
Mayor of London Sadiq Khan
31 October: St Mungo's: Declan files his pleadings today. He is forced to take action against this Mayor of London-commissioned charity to even get our caseworkers to vouch over the phone that we are clients of theirs
Paragraph 11 for the court concludes:
"The Defendant's conduct, culminating in an absence of the most basic support (meaning the willingness of the Claimant's TST caseworker to vouch over the phone that the Claimant is a client of his), is unreasonable and comes on foot of a string of violations of the legal rights and interests of the Claimant that have had a continual destabilising effect upon his tenancy since the beginning of May 2018. After almost four months of dialogue on the issue of the Defendant's failure to provide satisfactory support, the Defendant's additional almost four weeks of silence since Mr. Williamson's phone message on Friday, 4 October 2019 has made the Claimant's situation unsustainable and unsafe. The Claimant is, therefore, making an application to the Court for a declaration that the Defendant has acted unreasonably and in breach of duty towards him. Alternatively, the Claimant asks that leave to appeal be granted."
EU freedom for rough sleepers infringed - shock horror. https://t.co/RuJKrSEiTm
— Andrew Martin (@devonprof) May 14, 2018
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