BW has recently attempted to obtain a Section 8 against a liveaboard boater without informing him of the Section 8 notice or of the date of the court hearing in Bath. As luck would have it, the District Judge at Bath County Court referred BW’s claim to Bristol County Court for a Directions Hearing because it was too complex for a District Judge. At this point BW decided to inform the boater of the new hearing, this time in front of a Circuit Judge (who is more senior). However, BW’s solicitors Shoosmiths have informed the boater that the hearing is a full hearing, where he will need to defend himself, rather than a Directions Hearing where the court decides how it will deal with the case.
In denying the boater the chance to defend himself, BW have broken Article 6 of the Human Rights Act (the right to a fair trial); Article 8 (the right to respect for one’s home, private and family life) and Article 14 (protection from discrimination). Needless to say, this boater intends to throw the book at BW, and is considering taking out an injunction against BW to prevent any further interference with his home, and bringing a Judicial Review of BW’s actions which are in breach of the Human Rights Act.
If BW has served you with a Section 8 notice and failed to inform you of the court date, or has served papers on you incorrectly, please let us know at email@example.com
If you are at all worried that this may happen to you, you are entitled to make a request under the Data Protection Act to obtain all the information BW holds about you. See our article here http://kanda.boatingcommunity.org.uk/wordpress/?p=311#more-311