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A355 advice from Court

On October 11, 2010, in Beaconsfield A355, by PeterSilverman
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From: Walton, Sue [mailto:sue.walton@hmcourts-service.gsi.gov.uk]
Sent: 11 October 2010 12:07
To: Peter Silverman; Lynne Reardon
Subject: RE: Litter on A355

Thank you for copying me in on your correspondence. Might I suggest that

it is the complaint which would have  to be marked withdrawn and could I

just check that the Court is not going to be asked to make an order for

costs under S.91[12] EPA 1990 as if the complaint is withdrawn there

would be no power to make such an order in my view.

I do not seek to complicate matters merely to point out the consequences

of withdrawing the complaint and how it relates to the award of costs.

In my view on the basis of what you have both written in correspondence

and email the Court could make an order under S.91[12] in absence –

equally if you seek to resolve the matter out of court the complaint can

be marked withdrawn on the basis that both sides have agreed to settle

the matter.

If you could confirm how you wish to proceed please so that I can advise

the court accordingly.

Thank you

Sue Walton

 

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