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Burton Waters Management Company in Lincoln delighted at result of court case




Directors of a company that manages a gated community on the outskirts of Lincoln have said they are delighted to have won a landmark court case, bringing an end to years of legal disputes with a resident.

Burton Waters, home to 361 residential properties, is a long leasehold community subject to an annual service charge determined by the management company, Burton Waters Management Ltd.

Burton Waters
Burton Waters

The firm has faced multiple legal challenges from leaseholders in recent years, resulting in six-figure legal costs.

Darren Fernie and his son Joshua have bombarded the company with a series of civil actions and applications. Despite losing these cases, they continued to pursue further legal action.

Following a four-day hearing at Nottingham County Court starting on Monday, January 20, both men have been issued civil restraint orders, barring them from launching any further action for two years without the permission of a senior judge.

The pair have been placed on a register of fewer than 80 individuals across England and Wales who are barred from taking legal action, becoming the first from Lincolnshire.

HHJ Coe, sitting as High Court Judge, determined that nine claims made by the Fernies were "totally without merit" and said Darren Fernie had moved from one conspiracy theory to the next and is a man who will not take no for an answer.

The court heard that the Darren Fernie assisted his son on more than on occiasion in filing further action, with claims of his motivation being to change the management of Burton Waters. However, he categorically denied this.

Joshua Fernie was absent from the proceedings but was found to have allowed his name and status to be used.

So far, the father-son duo have been told to pay tens of thousands in costs arising from failed legal actions, but none have been paid.

A representative of Burton Waters Management stated: “The directors are delighted to have won such an important case and we hope it draws a line under years of harassment from the individuals who are now subject to the court’s ruling.

“It has caused both financial and emotional strain on the directors and many residents after a barrage of unfounded allegations and claims that have dragged through the courts for years – leaving innocent residents to pick up the costs.

“Thankfully this landmark case will allow us to pursue those responsible for the costs that are due and enable the Burton Waters community to return to normality.”

The long-running saga has meant service charge costs for residents and leaseholders – which largely pay for ground maintenance and security – have had to rise by around £21 a month to cover the extraordinary legal costs.



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