The evidence
The evidence
Each of the defendants gave evidence before us. In the case of Mrs Mitchell, it was agreed that her witness statement should stand as her evidence, and she was not called to give oral evidence or be cross-examined. Ms Jones and Mr Wadley gave oral evidence in addition to their written evidence and were cross-examined.
The claimants called various executive officers employed by them: Deborah Green and Serena Jones of Beacon Cymru, Richard Hopkins of Tai Calon, Alan Brunt of Bron Afon, and Rhea Stevens, Director of External Affairs at Community Housing Cymru (the representative body of not-for-profit housing associations in Wales). The witness statement of Howard Toplis, the former chief executive of Tai Calon, was admitted by virtue of hearsay notices served under CPR 33.2(1). The Welsh Ministers called to give evidence their directors involved in social housing, Joanna Valentine and Emma Williams.
An electrical supervisor at Beacon Cymru (Dale Winchcombe) was also called to give evidence, and a witness statement from another electrical supervisor at Beacon Cymru (Stephen Westwood) was admitted by virtue of a hearsay notice served under CPR 33.2(1). However, their evidence related to common parts attached to Mrs Mitchell’s dwelling, which became irrelevant once it was agreed that we should not decide the common parts question (see para 17(i) above).
- Heading
- The Hon. Mr Justice Griffiths and His Honour Judge Jarman KC
- ISSUE 1 - DID THE DEFENDANTS PAY RENT BECAUSE OF A MISTAKE OF LAW?
- The undisputed facts
- The evidence
- Evidence on behalf of the claimants and Welsh Government
- The evidence of the defendants
- The evidence of Mrs Mitchell
- The evidence of Ms Helen Jones
- The evidence of Mr William Wadley
- Conclusion on the evidence
- ISSUE 2 - WERE THE CLAIMANTS UNJUSTLY ENRICHED AS A RESULT OF THE DEFENDANTS’ MISTAKE?
- ISSUE 3 - IS A CLAIM FOR UNJUST ENRICHMENT NOT AVAILABLE TO THE DEFENDANTS IN ANY EVENT, GIVEN THAT THERE IS A SUBSISTING CONTRACTUAL RELATIONSHIP BETWEEN THEM AND THE CLAIMANT LANDLORDS?
- ISSUES 4, 5 AND 6
- Conclusions
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