Hemsworth Town Council could be making a decision that will have a dramatic impact on the scheduled Court hearing next year, if they fail to follow or to take a meaningful part in the mediation process it could also affect this community for the foreseeable future.
In a dispute such as this, both parties are expected by the Court to try to resolve matters between themselves if possible.
Mediation is part of the normal Court procedure to help facilitate the parties involved to reach an agreement to try to prevent a Court hearing actually being necessary.
Saul Construction Limited is taking Hemsworth Town Council to the Court as they have tried to make the final payment to complete the sale of the Kirkby Road site and Hemsworth Town Council has refused to accept that payment.
The Town Council are on record as saying they have reclaimed the site in 2019 and have rescinded the deal.
This is especially surprising because this final payment of money is not owed to this community, on receipt it should be paid to Wakefield Council to then allocate out to the other co-owners of the site.
Not one penny of this outstanding money is Hemsworth’s
Yet, Hemsworth Town Council has already spent tens of thousands of pounds of our money on legal fees and has agreed to a further amount of over one hundred thousand pounds. This is without the other side’s costs being included.
Ferret hopes the Council is going to take the mediation process seriously or it may leave our community open to serious financial consequences with nothing to gain and literally everything to lose.
The Council will need to demonstrate it has sound legally based grounds for this action of rescinding the contract, past case law seems to say otherwise.
Ferret expects Kenyon has now become “Kenyon the qualified legal eagle”, but councillors need to see for themselves all the properly qualified legal advice that the council has taken, both now and during the previous years since the contract’s signing.
Ferret also believes Kenyon and his puppets are fearful that their bluster and bullying have not worked against Saul Construction Limited and this is why they are trying to discredit the site to make it an unattractive business venture for Saul to invest any further in.
However, people are not as daft as Kenyon thinks and soon realised if this site is so bad why would he want our children to play on it?
Over the years Kenyon’s accusations have resulted in several judicial reviews the first one was in 2008, yes 13 years ago – here are extracts, full download below.
You may already know he lost in 2008, but take a close look at the reasons given by the Judge:
Reasons:
The application is misconceived in that there is no evidence that there was a meeting of the Defendant Council on 11 July 2008 or that it has entered into a binding agreement to sell the subject land. Accordingly, there is no relevant decision to be reviewed.
Further, there is no credible evidence that the sale price mentioned of £4,500,000 (not£4,000,000 as alleged by the Claimant) represents and undervalue, still less at an undervaluation of as much as £2,000,000. The “guidance” as to value given by Mr Abson relied on by the Claimant appears to be based on certain misapprehensions.
Even if there was sufficient material to justify granting an injunction to prevent the sale, in the absence of an appropriate undertaking as to damages and evidence of the means to satisfy it such an injunction would not be appropriate.
The Claimant has not complied with the pre-action protocol and should pay the Defendant’s costs. The sum claimed of £2,850 is very reasonable.
Move forward 13 years and several legal attempts in between, another Judicial review refused with wording of “nit Picking” “over Forensic” etc.
Then the ultimate humiliation by the Supreme Court, for taking a case with:
“no arguable point of law.”
So, Hemsworth Town Councillors, Ferret believes it is time for all of you to forget any differences you may have and for you to demand to see all of the legal advice that the Town Council holds and use your votes truly independently and free from party ties.
Especially free yourselves from the doctrines, half-truths and full blown lies that have been spun by Kenyon for many years.
Ask yourselves:
Is all of this outlay on legal advice that we have already paid as a community, justified?
Do we even need another sports complex?
Can we even afford to build one, then maintain and run it?
Even if the case is won, can we afford the ongoing litigation with the realistic possibility of having to pay over £2.5 million pounds in restitution to Saul for works completed and already in use?
Who is really the main cause of the delays in completing this contract?
Is all this really for the good of our township, should we be selling assets to finance this risk?
or
Is this all about a certain individual who has a long ongoing obsession, funded with other people’s money just to place his name above a sports complex.
You can say enough is enough and pull the plug on Kenyon at this meeting, stop any further financial drain and put the precept money that will be used to fund this case to better use such as spending it on the people you represent. You each have one vote, use it truly independently.
Remember you have to live here…
Here Today and Gone Tomorrow – Ask the community of Ayr, the Beeches club, the Diamond Jubilee club, the senior citizen in Hemsworth who is still owed thousands of pounds from an unsettled Employment Tribunal,
They will tell you all about Kenyon.
Are we going to be the next?
According to Bodger Kenyon’s rant yesterday HE has already decided the mediation will fail because HE wants to go to court. Doesn’t say much for his lackeys, are they really this dumb? Surely they can’t be can they? He obviously thinks or knows whatever he says or wants goes, well I suppose if you can buy a digger and pay your mates in cash etc. It does.
It’s time that some semblance of normality returned to this Council and respect for this community.
I have read this many times. And in contradiction to Badgers rant, Saul only started on development after this judicial review. Any sane person would leave this legal challenge well alone.
https://www.bailii.org/ew/cases/EWCA/Civ/2020/302.html
On receipt of the screening direction and screening analysis, the appellant commenced judicial review proceedings on 24 January 2017. Three grounds of challenge to the direction were identified:
a) Ground 1: A failure to consider the cumulative effects of the proposal;
b) Ground 2: Unlawful reliance upon conditions to remedy adverse environmental harm (a point in respect of the potentially contaminated nature of the land); and
c) Ground 3: Failure to consider other relevant environmental consequences.
On 15 August 2018, Sir Ross Cranston, sitting as a High Court Judge, granted permission for judicial review on Ground 1 only. Moreover, he limited that permission to the issue of air quality. It is important to stress that both Ground 1 as drafted, and Sir Ross’s detailed observations upon it, were based on the appellant’s argument about the cumulative effects of the proposed development of this and five other sites in the same area (known as Sites B, C, D, E and F) on air quality generally. Although the original application and Sir Ross’s observations refer to the proximity of the Hemsworth Air Quality Management Area (“AQMA”), that was only in the context of the cumulative effects of this site, together with the other five sites, on air quality.
The appellant did not challenge the decision limiting Ground 1 to the cumulative effect on air quality, but made a renewed application for permission on Grounds 2 and 3. At the hearing before the judge, the appellant abandoned Ground 3. The judge dealt with Ground 2 on a rolled-up basis but, having considered it, she refused permission to commence judicial review proceedings in respect of Ground 2. That decision is not challenged on appeal. Thus, the hearing below, and this appeal, should have been concerned only with the issue of cumulative effects of the six sites (including Site A), in so far as they related to air quality.
Looks like they are Daft, Deaf and dumb up to press but I agree surely they can’t be that daft to continue into a legal process that has a no win scenario for them or I should say us. As for paying out hundreds of thousands of pounds in legal fees over something that has no financial benefits for us is sheer stupidity and madness. It will be us the precept payers paying the costs of Bodger Kenyon’s ego boosting scams for many years to come.
Let’s be honest, there are only 5 councillors who will vote against further action, they simply can’t stop it, I would suggest those 5 INSIST, that it is minuted in the notes that they are against further action clearly stating their reasons why or ask for a deferral do the next meeting and keep doing so until they receive all the facts.
As for residents, email your concerns to the clerk, email the standards officer, make some noise on this one!!
At least £30.000 spent this year alone on solicitors and barristers for this fight for kirkby road! More spent before that and more expenditure to come! Its like witnessing a car crash in super slow motion! Mr Kenyon reported in a local paper that “They can build skyscrapers on it for all I care”…his alter ego “badger”has clearly stated recently that he hopes upcoming mediation fails! As Ferret has pointed out his string of failures…these also include his pie in the sky idea of a sports development on the pit site when he was trying for funding to build on land that was not even available! Also his defeat by Tesco, using the same legal team who is currently being used today! The Tesco battle was funded by “legal aid” i believe, however the sports complex is not as we know!! Its being paid for by you and me and every decent local resident. I did not ask for this ongoing futile drain of finance and neither did you! The chairman will spin a story in favour of himself,and when short of truth will gladly and blatantly make things up. Councillor IW has left the bandwagon! Its time this “challenge creep” did the same!
On the Badgers latest post saying he hopes mediation fails well that in itself speaks volumes. Now our badger bless him is either lacking in the basics of civil engineering or being less than economic with the truth or both. He states in said post Saul can’t access sewage drainage from that site what a load of tosh and bellendery with today’s tech and engineering if there were such a problem it would certainly not be insurmountable. Costa and kfc both in distance they must have access to drainage as do other houses within close proximity.
Ferrets touched a nerve by the way Bodger Kenyon and his scribe crispy have exploded. Once again no answers they just start pointing blame elsewhere to divert attention with old lies streaming like muck from a sewer. The truth is out there you morons time to join womersley and go.
Have you ever seen the advert where the Pringles implode and go pop? That’s Badger today – once you pop you can’t stop
You need to be on Facebook again so people can see and learn to challenge the council. I fear your missing the public as only a handful of people post on here.
Lol. Badger claiming high;ground on YouTube views yet only has 30 like on their own page.
The drainage, specifically rain water attention was due to discharge into the land that is the sports complex before running parallel with the main road before exiting on the main highway.
The alternative is to put in an attenuation tank where 2plots have not been built, with drainage via Hague Cresent. (Drawings available on the planning portal).
I would also image it could join existing meadow croft network, or through to Kirby gate.
Where is cowboy Kenyon posting as this badger alter ego? I wouldn’t trust him to build a sandcastle frankly. His incompetence in everything is well known, and has been for many years.
Feel free to share the posts.
Shaun Middleton asks for votes to be recorded. It’s the only way he and others can prove how they voted, when and what for.
I think he asked for it to be passed at a meeting. What he needs to do is ensure votes are recorded at extraordinary meetings too.
It’s in Facebook. Put in your search “Hemsworth Badger” and you can see what the badger has posted. Hope this helps
Can ferret respond to this post please.
https://www.facebook.com/281344250325852/posts/325496979243912/
A post on Ferret yesterday:
“17/11/2021 at 16:19: The drainage, specifically rain water attention was due to discharge into the land that is the sports complex before running parallel with the main road before exiting on the main highway. The alternative is to put in an attenuation tank where 2plots have not been built, with drainage via Hague Crescent. (Drawings available on the planning portal).”
This document shows the development drainage: https://planning.wakefield.gov.uk/online-applications/files/AA3A0550831C8B91071B5D56D492ED31/pdf/15_01592_SUB01-ROAD_AND_SEWER_PLAN-955462.pdf
As I have pointed out elsewhere, Badger fails to take into account the views of the original livestreams, before Ferret put them on YouTube. One of them has over 4000 views, for example.
No planning submitted yet for this route though and highly unlikely that anyone will allow drainage under their garden. It will prevent future developments.
Really need Saul and HTC to get over this one as the current residents on Haugh Kirbygate are getting pissed off now.
The Council are really loosing face and playing into Labours hands on the next elections. I thought this area needed a change, but wow how wrong can you get.
Is there a live stream tonight?
It looks as though nobody is available tonight.
I’d try to have a go tonight but I’d need everyone in the room to wear a face mask and open the windows for ventilation (as per Govt Guidelines), but I can’t see that happening!
Govt guidelines also says I’d need to ask everyone I don’t know to do a lateral flow test beforehand!
Very few people are respecting these guidelines with regards the clinically vulnerable, especially our HTC Councillors.
The Councillors in York wear masks, open windows, socially distance and live stream. They probably do lateral testing too.
Like chalk n cheese. Responsible vs irresponsible. Caring vs Couldn’t care less.
Whinge over!
I believe both lyn Morton and Nancy on Hemsworth Hub is live streaming. Not the council
He also seems to have been the only person to publicise the YouTube channel until I have today. Strange how the views have increased dramatically now people know it is there!