Judgment
of Deputy High Court Judge Wilkinson QC, in the
High Court of Justice, The Strand, London.
...flailing. As he got to the
van, Colin Russell ran up behind him and restrained him
a second time. This is the second incident and, as a result
of it, the plaintiff fell once more to the ground, from
which on this occasion he did not rise, having suffered
injuries, until an ambulance arrived.
My approach to the evidence is guided by the following
impressions. Firstly, the plaintiff cannot, in my judgment,
be regarded as a reliable witness. He is plainly an obsessive
and embittered man, with strong feelings against the Hall
family and the defendant firm. Secondly, I felt able to
rely upon the evidence of Colin Hall and Colin Russell
as to their beliefs and intentions. Thirdly, and most importantly,
I found Mr Higgett an impressive source of independent
evidence, albeit that he was behind the camera lens and
did not see everything that occurred. Against the foregoing
background, I find the following facts.
1. At the outset of the encounter, no-one was intending
or contemplating violence. The plaintiff was wearing carpet
slippers and carrying a camera, and the hammers were carried
solely for use in the removal of the sign.
2. The plaintiff’s
evidence of aggression on the part of Colin Hall and
Colin Russell as they came to the sign and started to
free it, is evidence that I reject.
3. I find that the plaintiff was
at all times indicating his contention that both men were
trespassing and were not entitled to remove the sign...
WARNING!
Any
person retaining the services of Cripps
Harries Hall, PricewaterhouseCoopers, Brachers, Rix & Kay,
could face the prospect of assault & battery, supported
by Sussex Police, as I did, when I discovered fraudulent
conduct. All are co-conspirators in this matter together
with other named parties.