Since last court appearance there has been a protracted argument between both sides about a third inspection as directed by the last court.
In short Devonshires/ Council did not want a Fire Risk Assessor who is also a surveyor. A person who can assess fire risk and costs of works given the life of the building before the development of Somerleyton road project.
The last court directions say that both parties jointly instruct an expert. But the Council refused to budge on this.
Before last court appearance the defence solicitor offered two experts to do another FRA plus look at cost of works. Devonshires / Lambeth refused this offer. All along they have refused to countenance anything that might offer an alternative to eviction. .
Last time in court Devonshires/ Lambeth when they had the draconian injunction refused yet again demanded from the Judge a further FRA.The Judge agreed this. Giving Devonshires/ Council to provide a list of FRAs. With both sides to jointly instruct.
Even though Devonshires/ Council had turned down the offer put forward by the defence previous to this court appearance.
The solicitor for the defence , due to impasse , asked an expert known to the Council , to do another FRA with costed works. This is an independent person. Devonshires/ Council were even given opportunity to have one of there FRA to go along. They turned this down. On the day that the surveyor / FRA turned up without warning they sent there FRA. Devonshires/ Lambeth did not tell Coop or defence solicitor about this.
That is how Devonshires/ Lambeth have been behaving. Its needlessly unpleasant. Its also psychological. You never know what trick they will do next. This kind of thing really unnerves people. I am sure that’s why they do it.
To cut a long story short the Council FRA was let in and accompanied the one appointed by the defence solicitors around.
The defence solicitor applied to court for further directions on the third FRA. Devonshires argued against the Surveyor / FRA being an expert witness. The Judge agreed with this on a technicality.
The defence solicitor did not oppose that Devonshire/ Lambeth could have there own expert. He wanted the court to agree that the surveyor/ FRA should also be an expert witness.
Devonshires are directed by Lambeth officers. They did not have to argue/ insist on our side having no expert witness. That was there choice.
The law is not always what commonsense might dictate.
This is long post but its complicated issue. Lambeth have been telling journalists that the "occupiers" have been obstructing the court by not choosing an FRA that the Council put forward. I have also been named by one officer in a letter to our MP. Which we have replied to our MP about. Lambeth have been putting out mis information.
I think this is why Devonshire/ Lambeth sent there own FRA guy along without warning. They were trying to make out its the "occupiers" that are being "intransigent" ( as one officer recently said of Coop as we will not go quietly) not the Council.
This is not what happened. The court directions were between to the two legal teams. It was not for "occupiers" to choose. They legal team on the defence is representing one individual on legal aid. It was that legal team that were given the directions not the "occupiers".
Hope that makes it a bit clearer.
Fingers crossed, and let us know if you need any help from the Brixton proletariat. Got any mates in the Fire Brigades Union?
