Author Topic: Sir Philip Bailhache in conflict over "bad neighbour" law  (Read 5363 times)

Offline danrok

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Sir Philip Bailhache in conflict over "bad neighbour" law
« on: March 09, 2009, 04:20:37 PM »
Quote
The Senator says that the Bailiff, Sir Philip Bailhache, advised the neighbours to use an old ‘bad neighbour’ law, or voisinage action, against Reg’s Skips.

He says that the Bailiff had a family connection to the neighbours — their children have played in a band together for five years — and that he also sat as judge on the voisinage action that he himself had advised them to take.

Story:
http://www.thisisjersey.com/2009/03/09/senator-takes-action-in-skips-dispute/

Offline newmac

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #1 on: March 09, 2009, 06:34:49 PM »
I think that's what they call the Jersey way >:(

Offline Fritz

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #2 on: March 09, 2009, 07:35:42 PM »
Why does Shenton think that the tax-payer should pick up the compensation bill?
Surely he should be demanding that The Bailiff stumps up.

Offline danrok

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #3 on: March 09, 2009, 07:43:12 PM »
Why does Shenton think that the tax-payer should pick up the compensation bill?
Surely he should be demanding that The Bailiff stumps up.

And move the skip yard next to his house.  ;D

Offline Shiva

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #4 on: March 10, 2009, 10:19:00 AM »
I see,

so Bailhache knows the neighbours, gives them free advice on the action to bring to Court, adjudicates on that action in the neighbour's favour and the tax payer coughs up £300 k compensation so nobody loses sleep over Reg and his Skips. I wonder what instruments the kids play in the same band, the fiddle perhaps?

Offline Res Nullius

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #5 on: March 10, 2009, 02:39:13 PM »
In the determination of his civil rights and obligations everyone is entitled to a fair hearing by an independent and impartial tribunal.  -  Art 6 Human Rights (Jersey) Law

Advising the neighbour (a fellow lawyer) and then sitting as a judge on the case seems to me to run a coach and horses through this law.

Or is it just me?
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Offline Calimachon

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #6 on: March 13, 2009, 09:35:47 PM »
A clear case of 'Do as I say' and NOT 'Do as I do'
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Offline Ruddler

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #7 on: March 13, 2009, 09:47:26 PM »
Well, obviously if you take as gospel the heavily edited version of Shenton's proposition then some of you may have a point.  As it was explained in the States, this law enables neighbours to settle their dispute and means my next door neighbour can't do something on his property that stops me enjoying mine - seems fair enough although I hope I never have to go to court, it would cost a fortune by all accounts.  Sounds like the losers have roped Shenton in to try and get the good old taxpayer to pay for a case they lost.  If I had a noisy company start up over my back wall I'd want something done about it and for every winner in a court case there's a loser.  Sorry for them but that's how the system works.

Offline danrok

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #8 on: March 13, 2009, 10:31:34 PM »
Well, obviously if you take as gospel the heavily edited version of Shenton's proposition then some of you may have a point.  As it was explained in the States, this law enables neighbours to settle their dispute and means my next door neighbour can't do something on his property that stops me enjoying mine - seems fair enough although I hope I never have to go to court, it would cost a fortune by all accounts.  Sounds like the losers have roped Shenton in to try and get the good old taxpayer to pay for a case they lost.  If I had a noisy company start up over my back wall I'd want something done about it and for every winner in a court case there's a loser.  Sorry for them but that's how the system works.

You've omitted the fact that Planning told them to move to this site.  This is why Shenton thinks they should be compensated.

Offline Ruddler

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #9 on: March 13, 2009, 10:51:41 PM »
Hmm, maybe so but a planning permission doesn't override your neighbours rights does it?  It was a permission to move to that site, not an order.  If they decided to fight the case when the neighbours complained that's there perogative.  They lost and I'm still not sure why Joe Taxpayer should pay for their decision.  Did Freddy drag them and their skips up there?  No.  If I was there neighbour I would of done the same if I could of afforded it of course!

Offline Fritz

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #10 on: March 13, 2009, 10:54:48 PM »
If I was, "The neighbour", I wouldn,t have let it happen in the first place.

Offline Ruddler

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #11 on: March 13, 2009, 11:00:19 PM »
Right let me get this straight - it's the neighbours fault that a noisy business started up next to them?  What would you've done? Chain yourself to the skips in a sufragette stylee?

Sorry but until you know what you've been landed with and realise it's making life hell you can't try and sort it out.

Offline Fritz

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #12 on: March 13, 2009, 11:18:02 PM »
I think when the,"Neighbour", arrived driving a skip wagon I would have raised at least one of my eyebrows.

Offline Ruddler

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #13 on: March 13, 2009, 11:20:54 PM »
Too late by then, he's in, clankin' and crunchin' away and my attempt to play badminton or drink me tea and shortbreads is ruined - only one way out, run for the lawyers!

Offline Jersey Spud

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Re: Sir Philip Bailhache in conflict over "bad neighbour" law
« Reply #14 on: April 02, 2009, 11:29:37 PM »
Well, obviously if you take as gospel the heavily edited version of Shenton's proposition then some of you may have a point. 

Shenton was all over the place, critisising the Bailiff and lawyers for being bullies, and then being a bully himself by making wild allegations against people.

I was listening on the radio, and like several states members, actually laughed out loud when, after finishing his critisism of the Bailiff and in the middle of his speech, he then pretty much took it back and wished him all the very best in his retirement.

And his final bit... saying that its the people's interpretation of the law that should count, and not the interpretation given to it by lawyers... well, frankly!, why bother having laws at all....? Tell you what.... lets just all do what we like and ask the taxpayer to stump the bill.