SOLICITOR Litigation
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Post a project like this4078
£200(approx. $251)
- Posted:
- Proposals: 1
- Remote
- #212939
- Awarded
Description
Experience Level: Expert
Re local authority's fiduciary duty/Human rights
My LA resolved to repair a damaged drain they felt benefited me and invited tenders in 2004. The lowest tenderer could not start work quickly so the LA accepted the second lowest but made no effort to negotiate it down. I reluctantly paid my share of the lowest quote but not the second lowest. The LA have registered a local land charge v my property (see 1925 and 1975 Acts) on my property but it was only last year that they told me that they did so. They have apologised for this but refuse to remove it. They explain I cant sell my property without firstly clearing the charge.
Might this be a breach of Human Right 6 Right to fair civil Trial or even perhaps Article 1 of the First Protocol Protection of Property? Also if there has been a breach might the local land charge be removed?
I've been through their complaints procedure and the Public ombudsman is uninterested.
I see the pre action protocol for judicial review strongly recommends I obtain legal advice before initiating litigation. Thanks.
My LA resolved to repair a damaged drain they felt benefited me and invited tenders in 2004. The lowest tenderer could not start work quickly so the LA accepted the second lowest but made no effort to negotiate it down. I reluctantly paid my share of the lowest quote but not the second lowest. The LA have registered a local land charge v my property (see 1925 and 1975 Acts) on my property but it was only last year that they told me that they did so. They have apologised for this but refuse to remove it. They explain I cant sell my property without firstly clearing the charge.
Might this be a breach of Human Right 6 Right to fair civil Trial or even perhaps Article 1 of the First Protocol Protection of Property? Also if there has been a breach might the local land charge be removed?
I've been through their complaints procedure and the Public ombudsman is uninterested.
I see the pre action protocol for judicial review strongly recommends I obtain legal advice before initiating litigation. Thanks.
Arthur B.
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Last project
4 May 2024
United Kingdom
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