S&D Railway Trust

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https://www.sdrt.org/blog.html

 

Writing as an outsider, but mesmerised by the continuing WSR dramas, I just hope that the lack of statements by the Association and Steam Trust do not reflect an agreement with the eviction notice given to S&DRT.
Rather that, behind closed doors, efforts are being made to persuade the WSR PLC to reverse their decision which would be a win win for all parties in my opinion.

 

Consider that ex-directors perhaps know quite how seriously difficult a job it is and therefore see the other side of the coin.
Ian Coleby

 

I agree.

 

Or simply that its easier to make a bad situation worse by opening your mouth rather than keeping it shut.

Everything has changed since this started, and who knows who will be left standing at the end.

 

It suddenly occur to me............

If the PLC takes the S&DRT to Court it may end up paying not only its costs but the Trusts if it loses.

If it wins, it potentially ends up with the S&DRT's compensation/removal costs as well which could be even more substantial.

 

In which case, what’s their game?

 

Sir Thomas More had something to say about silence, in 'Man For All Seasons':

"The maxim is 'Qui tacet consentire'; the maxim of the law is 'Silence gives consent'."

To me, one of the half-dozen best movies ever; richly deserving of its many awards.

Noel

 

I wonder if the current situation will be the acid test for the WSR.

Recently we have had some people saying that the WSR was in a dire financial situation whilst others have suggested that the situation was not as bad as it was made out to be - so that those who said it was bad would appear to have 'saved' the railway... Perhaps now we will see.

I make no comment either way. I just wonder which of the two organisations in this dispute will emerge the stronger when it is all over.

 

WSR must believe there is a material breach of the tenancy conditions under legal advice which gives them absolute certainty in the event of the trust disputing their eviction.

 

Having read all the legal documents at issue, no material breach whatsoever is claimed by the WSR PLC board in it's 'Notice to Quit' served by it's Solicitors Clarke Willmott. It relies on s.25 Landlord and Tenant Act 1954 and the specific grounds of s.30 (g).

'Absolute certainty' doesn't even come within any parameters. 'Blind stupidity' might be more appropriate, 'intransigence', 'bullying', 'incompetance', and utter betrayal of the SDRT, part of the 'WSR family' for so very many years at Washford.

If notables such as Mike Sherwood and Robin Moira White and Ian Coleby don't understand the gravity of the situation caused by the 'Notice to Quit' served on the SDRT, and still have no comment/refusal to comment, after more than 5 weeks, whether personally or via their respective boards of trustees (not necessarily on here, but elsewhere as appropriate) then what is the point of the WSRA and WSSRT?

https://www.sdrt.org/images/files/news/press_release_20_03_20.pdf

Cheers,

Julian

 

Robin, in the nicest possible way, you ought to consider how the above reflects on you, and whether your choice of words is appropriate for your standing as a Barrister etc.

Cheers,

Julian

 

Unfortunately, common sense is in short supply.

 

I thought the same. Julian is adamant they don’t and I’ve no idea if he’s right. But, judging only from their respective public statements so far, the plc’s arguments for eviction seem rather thin, as do their plans for future use of the site. The trust’s assertion that it came out of the blue without prior warning or discussion seems quite convincing. We’ll soon see.

 

Hello Miff,

Under the Landlord and Tenant Act 1954, a very precise form of a 'Notice to Quit' must be used under s.25. There is a prescribed form for this, which Clark Willmott Solicitors used to serve 'Notice' on the SDRT on 10th February 2020 with 12 months notice. The only ground specified was s.30 (g) of the 1954 Act.

The WSR PLC board, via it's Solicitors, did not claim ANY other ground under the 1954 Act. Section 30 (g) is that the Landlord intends to occupy the premises for his own purposes/business. This is quite a high test to achieve. I am not going to spell it out here, as I don't want to assist the WSR PLC board over all this, but shall we say, as I stated the other day, they are on a hiding to nothing over all this.

There are other grounds in s. 30 for failure to comply with the terms of a lease, but these have NOT been used, despite the inflammatory Press Statement by Mark Smith (the 'cuckoo in the nest' etc) which appears as 24th February on Steve Edge's website...

https://www.west-somerset-railway.c...et-railway-board-statement-regarding-washford

(I thought it was earlier than this date),

The ONLY grounds in the s.25 'Notice to Quit' served on the SDRT are the bland s.30 (g) grounds as in the 1954 Act and in the prescribed form.

I hope this partly clarifies matters.

I think things will become clearer in the next few weeks so far as the SDRT is concerned from the SDRT's perspective; we still await a 'position' statement from the WSRA and WSSRT boards of trustees, or from their 'personalities', on here or elsewhere, personally or otherwise.

As to what is going on behind the scenes, nothing of note has happened, so far as I am aware.

Cheers,

Julian

 

Presumably the WSR/WSRA/WSSRT thought they could bully the SDRT into giving up their lease and their property without a fight

 

Will
Just for clarity, the WD lease is between the WSR Plc as the landlord & the S&DJRT as a tenant. Other societies are not directly involved.

 

Just out of interest, what happens if the S&DJRT pursue this though the courts, win, are awarded damages the WSR can not afford to pay, in effect making the WSR PLC insolvent, would that lead to an EGM of the shareholders, who could then, sack the Chairman, and start peace talks with the trust, that would also start in progress a situation where trustees of other supporting bodies, who gave support to the ousting of the S&DJRT ,Also being removed by their members?

 

>>>If notables such as Mike Sherwood and Robin Moira White and Ian Coleby don't understand the gravity of the situation caused by the 'Notice to Quit' served on the SDRT.....

Which IMHO would seem to be extremely unlikely.

 

Understood

However, there have been lots of posts on Nat Pres stressing that the WSR as a whole is one mutually-supporting family who all work together. If the various bodies have collective responsibility for the railway in the good times, they have to take collective responsibility for the bad decisions too.