Author: Sal
Vestas Sit-In: Eviction Notice Granted by Court (updated)
Tuesday, 4th August, 2009 at 11:20 am, Isle of Wight
Green Issues, Newport, Vestas Sit-In
Vestas lawyers and the lawyers representing the sacked Vestas workers occupying the Newport site were back in court this morning.
After the case was adjourned last Wednesday by Judge White, Vestas served another possession order on the occupants in an attempt to evict them from the site.
The court has decided to grant the eviction notice.
Judge White said that he was satisfied with the papers being served at the factory rather than the homes.
Detail:
Judge White
Claimant: Adam Rosenthall
Defence: James Fieldsend
Three methods were used to serve the possession orders. They served it at individual’s houses, on the solicitor and in the case where the defendant does not provide an address, they served it by “leaving at that place”.
They had a witness report from Joanne Powis that the orders had been delivered to the home addresses of all defendants and therefore “good service”.
The claimant stated that the defendants had stopped access for personal serving at the offices and rapping up his introduction he said that the defendants cannot show title.
Defense replied that this was down to a question of service, that the claimant was relying on leaving it with an individual, ie. not a building.
He also said that the rules required it not at the last address, but at the last known residence and that the claimant must take reasonable steps to find out the current residence.
“It’s known they are not at their residence” as they are at Vestas.
“Mr Richard West was not allowed access to serve” (the papers)
He pleaded that at the witness needed to provide evidence of his lack of ability to serve papers.
The Judge then said “I understand pizzas with P45s were able to enter, how did they get in? I assume they weren’t posted through the letter box.”
The defense suggested that once again the claimant “didn’t have his house in order.”
The Judge then made the point that the solicitor had actually received the papers, defense said “that is factually correct.” (which we thought was a great quote)
The defense solicitor stated that they were “not authorised to accept service of the papers.”
The claimant said the papers posted to the window was belt and braces, a further means of asserting notice.
The Judge said he was “going to grant an order retrospectively” and continued with “that’s fair and just”.
Defense then came back with “there needs to be evidence, that’s why service wasn’t served.”
Claimant said “last week the defense was complaining that the papers were not served at home.”
Claimant said “another attempt to avoid the inevitable.”
“Indisputable in my opinion, they are done more than enough” to serve the notices.
He then continued, as we know, in a civil court you only need to have “a balance of probabilities.”
It was significant that there was no justification of occupation being submitted.
Then the Judge had his say ….
On 29th July I was satisfied about the named defendants “I do grant the order for …..
It’s clear the defendants solicitors had received information.
“Whether or not defendants know about proceedings and have had sufficient time to meet the claim.”
In my judgement they have had sufficient notice, if not sufficient, “I abridge the period”.
In the claim by the claimants Vestas Blades UK Ltd, the defendants entered without consent. Even if accessed as an employee, this was clearly withdrawn.
“I do grant and make an order for possession.”
Vestas decided not to ask the defendants for costs.
Related posts:
- Vestas Sit-in: Eviction Notice Served UPDATED (Photo and podcast)
Bailiff's notice has been posted. VB speaks to Mark inside.... - Vestas Sit-In: Court Case Adjourned: Full Report (Updated)
Some surprise as the Vestas possession order court case is... - Vestas Protest: Roundabout Eviction Due Friday
Eviction notice is served on the protestors occupying a roundabout... - Vestas “Magic Roundabout” Eviction Court Case 11am Tomorrow (Podcast)
They are planning an interesting defence.... - Vestas Sit-in: Legal Papers Served On Protesters For 29 July Court Appearance
Papers served, but legal help offered from RMT union....
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Thanks for getting the news out so quickly Sal and Simon.
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How soon could they be out by?
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Ventnor Blog just Tweeted:
“Vestas Sit-in: Heard that baliff is inside already, but the boys are still on balcony”
“Vestas Sit-in: Apparently those inside have packed their bags and are waiting.”
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Thanks Wendy, sad news.
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very sad news indeed. my husband is there and apparently the boys are waiting to be turfed out and will be taken directly to the police station.
so much for your right to protest eh? pathetic in this day and age.
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Good about time too….
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I question why they are, apparently, being taken to the Police Station. Are they being arrested? If so, what for? Does everyone, who has been evicted get taken to the Police Station? Have the `company` made an allegation? I do hope they receive the representation they most certainly deserve.
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What a load of old rubbish, please ensure you are commenting factualy, nobody has been arrested or removed to a police station, lets see if we can sensationalise this ineffectual and pathetic occupation some more shall we!
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I can confirm also that the four that have left already have not been arrested or taken to a police station.
They were read information by the police (see the relevant posting about them leaving) and left in private cars and are, I expect, enjoying either a lovely cup of tea or a large beer!
We’re just waiting to see what the other 6 are planning to do. So far no sign of them being evicted.
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Sad that the ’sit in’ is at and end. Need to keep up support in aid of the protesters to save jobs and the Island. Lets hope the 2nd one has some impact too.
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The Courts act on behalf of the employers –
So what happens now?
It is not surprising that the court agreed to the eviction order today, after all the state is the instrument of class rule. It is the constitutional right of private property to be protected by law. There is nothing in law that protects the right of labour in these circumstances, in fact the only time ever that there was a constitution that stated the opposite was in the 1936 constitution of the U.S.S.R.
The bailiffs are standing by ready to go in now. The courts have played their part, the government is saying nothing and the police have said they will act as mediators and not get involved but just ensure that there is “Fair Play”. Oh yes, we can believe that too can’t we?
Only last week one of the heroes of the occupation, Luke, had to come out because the company would not allow him food. This young man was delirious because his blood sugars were low. He was there from the start, like his work mates, the pride and best of our Isle of Wight Youth and indeed the community is proud of him and the stand of all Vestas workers.
Conservatives Andrew Turner and Pugh have kept their traps shut so far. They want it all to go away.
The Vestas workers have stood up for the dignity of labour and the right of Isle of Wight people to decide its future. They have stood up to restrict the Monopoly rights of companies that take more from the island than they have ever put into it. They have fought to demand that instead of paying the rich, like the banks and handouts to monopolies for their own good, there should be investment in new public social programmes where renewable low carbon technology becomes a public asset. This is the reality of life and not the rhetoric of Ed Miliband and his New Labour Government.
The powers that be all would like it to fizzle away, but this is only the start on the Isle of Wight. It is not over yet! This occupation has already shaken the status quo. Actions like these tend to leave an indelible mark and the repercussions are great. These workers have become political within a matter of weeks. So where does it go from here? Do they leave or do they stay? Do they join in the discussions to decide the future of wind turbine production where workers have the main say in the process of production? Do these eloquent young men become our future young politicians? Do they become disseminators of all of the issues that affect the future of the climate and indeed writers and disseminators of all the issues affecting the Isle of Wight? Do they join the meetings of the Trades Councils as the new blood to take them forward?
We look forward to their input as we look forward to all the supporters of the occupation to see this as only a beginning in the ongoing struggle to ascertain future production of wind turbine blades and even more on the island.
Ryde Trades Council
rydetcouncil@yahoo.com
http://rtuc.wordpress.com/
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From my ‘inside’ information, Luke came out because he had had enough, he was not delirious, he was not denied food – and he did not want to go out the ‘front gate’. Who gave took the blood sample test to determine he had low blood suger?
Get your facts right & start telling the truth!!!
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Perhaps he was delirious when he gave you your “inside” information
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Nice piece RTUC.
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Are you kidding, lol??
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Well said RTUC
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Yes it was reported he had low blood sugar levels but surely if the others are not suffering the same it’s got to be a medical issue ‘Luke’ suffers from personally.
Surely if you’re going to lock yourself into a building to protest you would think ahead of how long you’re going to be in there etc. If they didn’t take these factors into account I’d rather they had nothing to do with our future government thank you very much as we’ve got enough problems as it is!
I personally don’t think they’re that bothered about the environment as a whole it started about their employment and that only. When they knew environmentalists would jump on board they played the green card.
There’s also a photo of two kids supporting Vestas from Palestine. I’d like to know if they know much about that situation and if they’ll return the support???
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p9 of today’s Guardian (5.8.09) has a big piece headed “Vestas wins court order as protest spreads” by Rachel Williams, accompanied by a large pic by IW County Press photographer Peter Boam of activists hanging the Vestas flag off the Venture Quays building.
The piece also focuses on the makeshift camp outside the occupied Newport factory. “We’ve sold an awful lot of Quorn burgers,” says the fast food vendor
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