I had an expert witness compile a report on the situation. He viewed a multitude of videos that I had took of the chimney smoking and loaned me some Carbon Monoxide Monitors. I had carried out some particulate monitoring and compiled a database of the results which the EW included in the report. The EW was in the opinion that there was more smoke being produced than would be expected for a DEFRA exempt stove and the smoke was not dispersing in a normal way (confers non-compliant). He was also in the opinion that CO and particulate matter was at unusual levels around my property and were associated with solid fuel combustion.

My neighbours have approached the EW and asked some questions on the report and provided him with a CD with a few videos of the stove in operation and the chimney smoking. They have asked if he would be in the opinion that the stove is producing more smoke than would be expected for a DEFRA exempt stove on the videos that they have produced. The EW has done this for a fee and my neighbours have not disclosed what the EW has said. My solicitor has written to the EW for the details and he has said that he wouldn't be prepared to disclose the information to us. Perhaps it`s a professional etiquette thing!

Can the court ask for the details of the EW's report.

Or at least make it known to the court that the report exists and they are refusing to disclose it - and let the court draw its own conclusions (with assistance if you can) about the reports contents.

I presume that the EW is professional enough to put aside, ignore or otherwise discount any conflict of interest by being employed by both sides of the same case!!!

IMO the key statement in your report from the EW is "and the smoke was not dispersing in a normal way (confers non-compliant)" this shows that the chimney is at fault for failing to carry away the products of combustion. Resolve the problem with the chimney and the fact that the stove is producing more smoke than it should becomes someone else's problem (i.e. it becomes dispersed to become part of the general pollution society produces). If the chimney problem can not be resolved then the chimney should net be used.

There was a case management conference yesterday and the smelly tubbies where very reluctant to disclose the Expert witnesses reply to their questions. The judge has advised them to seek legal advice and has placed a court order on them and the expert witness to disclose the notes! He's also requested further information about the CO Experts report so a decision can be made as to whether they can rely on it on the big day.

I tell you what Tony, I'm relieved the judge isn't just handing out Brucey bonuses for "representing yourself". I don't think it helped when one of the defendants started shouting at my solicitor. May have um on a back leg

<blockquote><cite>Posted By: Jamster</cite>Not saying this is the case, but you could infer that the 'opposition' don't want to disclose the EW findings at their property as it undermines their defence, rather than strengthening it as they presumably hoped?
.</blockquote>

You would hope that the magistrate would be able to automatically make that judgment for themselves. One could make the argument that this is their primary role in the proceedings.

I hope you counter-argued with a reminder that it's illegal to set fireworks off after 11pm?!

https://www.gov.uk/fireworks-the-law

"The next time you smoke us out with your wood burner we will call the environmental health department". Excellent !!!

Yes, excellent!

Give them the name and number they need, and the names of all the senior officers and councillors they should copy the letters to!!

Do GBF members get a discount on the book?

We are already past chapter four of the book here, I love stories with happy endings

Could you get something in writing from the hew neighbour even it is from them to a local councillor?

Lets hope it's a happy ending here Tony. Back to heavy fumes here tonight, a change is as good as a rest I suppose! Be interesting if the EHO comes knocking on my door anytime soon.

Cracking name for the book Bot. I've started working on my new song too. I've changed my name to Mikeee Cash and have called my new song "the neighbours thing of fire". Just says aye if you want to see a sneak view of a couple of verses.

Mikeee Cash

Hi Everyone. October 2015 update. I`ts been four years this month since the smoke problem started. My neighbours have now taken a solicitor on and it would appear that they are trying to delay the proceedings. My expert witness has given an opinion on some videos of the stove in operation that my neighbours provided to him along with pictures of the use of the moisture meter the wood and it`s storage. I can`t go into to much detail but his response was in our favor. Their solicitors are now asking for all the letters that we received from My Local authority during their involvement. As mentioned many moons ago, the local Authority were incompetent with their investigation and I went through their complaints procedure. I took my complaint to the ombudsmen and the investigating officer totally ignored the the fact that the Environmental Officer applied a commercial rule. One of my points I put to the investigating officer was that the EHO had said that wood was dry and hadn't tested for moisture to an industry recognised standard. The investigating officer said "the council said it was dry". They refused to give me an extension and closed down the investigation before I could produce the expert witnesses report.

My wife feels that we should not have to produce any of the letters but I wonder if it would benefit us in any way if we did produce the information.

Anyone got any thoughts on this?

regards

Mikeee5

It could be that there is an ohnus on you to show all letters, reports and information good or ad to the court.

Someone talked to me about statute bard in this type of case so watch out for the delaying tactics

Are the court proceedings still happening?

I know nowt about the Law, but this sounds like they are using the notion of "due diligence" before it all goes before the tribunal...

since the neighbour has already provided some data, namely:

Posted By: Mikeee5some videos of the stove in operation that my neighbours provided to him along with pictures of the use of the moisture meter the wood and it`s storage

then it might be difficult for you (and your lawyer) NOT to provide the said info...
(translation: if you DON't, then this might be interpreted (by a court...) as "being seen to be being uncooperative" re the due diligence... I think that DD works on a knock-for-knock basis, so to speak...

Of course, you could argue the relative value of the respective bits of DD...
i.e. respective value of *their* VID vs all *your* precious letters etc.
I guess it comes down, at the end of the day, to horse-bartering between your respective representatives...

just my shilling's-worth...

gg

<blockquote><cite>Posted By: tony</cite>It could be that there is an ohnus on you to show all letters, reports and information good or ad to the court.


Someone talked to me about statute bard in this type of case so watch out for the delaying tactics

Are the court proceedings still happening?</blockquote>

Definately delaying tactics Tony! These guys are talking of dates well into next year, and that's not even the trial date. My solicitor is pushing for the trial now, the case was ready for trial, my neighbours have also thrown a spanner in the works by wanting their expert witness report to be allowed in court!


<blockquote><cite>Posted By: CWatters</cite>If your solicitor agrees to hand over the letters I would see if you can get the expert witness to comment on them as well.</blockquote>

Great point CWatters. He has actually indirectly done that. I haven't had time to speak to my solicitor yet but it could be worth adding all the local authorities and the ombudsmens correspondence to my disclosure, it could be my moment of glory with my LA and the ombudsmen here. The day is ours!!!

Nice to see you on the thread gyrogear, some valid points you have there all taken on board my friend.

Thanks for the input Triassic. As above, great point my friend.

Thanks once again everyone. It's real heavy going at the moment and I keep getting brain freeze! There's so much happened over the past four years it's getting quite hard to deal with. This has been the most difficult thing I have had to deal with in my entire 50 years of being on the planet! I have spent hours and hours trying to bring an end to the problem. I have lost thousands of pounds in lost business due to time lost dealing with this!

Me and my family owe so much to you guys for all the help and advice you have all given over the past few years. I've said it before, I'll spell it out when it's all over, there's no way would have come this far without your help. I'm so glad we made a stand.

Mikeee5

Good point HollyBush. I'm going email my solicitor this morning , I think the letters should go in our disclosure now.