The North Downs Clay Pigeon Shooting Club.
We are still not able to resume Clay Pigeon Shooting at Hanging Wood.
Our Modus Operandi hinges on the wording of a Court Order agreement made on the 27/12/90.
As you know we successfully defended two summonses for alleged Breach of this Court Order agreement and ALL charges of causing Noise Nuisances.
We were Aquitted of all charges on both summonses and awarded cost.
Although the Council took their monitored evidence to a higher authority for a Court Ruling and lost, the Council Officers will not accept that we can shoot at Hanging Wood without causing a Noise Nuisance and will not remove the Cease Notice served at the same time as the summonses and based on the same evidence already tested in Court.
The Council now say that the Court Order wording is unworkable, but will not go back to Court and re-word the Court Order as per the agreement made in Court on the 27/12/90 and later clarified in letters.
We say that the Council are in breach of the contract made in Court on the 27/12/90.
We say that the Council by their own admission were negligent in the wording of the Court agreement if it is now unworkable.
The High Court have said that the Solicitors should have gone back to Court and re-worded the Court Order as per the agreement and not relied on letters following the Court Hearing to clarify the terms and conditions agreed.
The Council have produced a report dated 28 March 2000 stating the situations from the council officers point of view.
We say that the Council's report is "Unlawful" as defined by the new Human Rights Act 1999 (in force in October 2000).
We have placed the Solicitor to the Council on notice that the Council's report is in breach of our Land Use Rights under the Human Rights Act.
We have placed the Solicitor to the Council on notice of her duty under act of Parliament to restore our situation back to what we enjoyed prior to the failed legal actions.
The Council's Solicitor's reply is simply that the Council have already made their position clear.
We are currently looking for Lawers who can bring an action under the new Human Rights Act to restore our loss of Rights income and amenity to that enjoyed prior to the Councils actions.
Please let us know if you can recommend Lawers that work on a no-win no-fee agreement.