Legal services commission cover up over multi-million pound payments to wealthy convicted

criminals.

http://www.standard.co.uk/news/crime/unacceptable-coverup-over-cost-of-legal-aid-for-wealthy-criminals-8359947.html

Legal aid started out to help the poor who couldn't afford a solicitor. Now solicitors and courts divert the money

to the wealthy, hold lengthy expensive court hearings and furnish their own pockets with the proceeds.

If Judges were paid a salary of £20,000p.a. and solicitors could only charge litigant in person rates, you'd see a lot more justice in the system. Money and power always corrupt.

Oh dear. As both the District Judge and Circuit Judge were so obviously wrong, not to say extremely biased, presumably you'll be appealing again?

Answer me this. When the Respondent argues that the written exclusion clause is not definitive and other items (not listed) should be included.

Do you agree?

Gaston, you strike me as a timid soul. Someone who doesn't question authority.

Today I lost my appeal. In summing up the Judge started by outlining the respective positions

of both parties. He stopped doing so when the truth would inconvenience the pre determined

outcome. I realised the purchase protection insurance isn't a contract, it's an amendment to

an existing contract. I said as much but the Judge persisted in calling it a contract.

Once he accepted the agreement was with Royal Sun Alliance despite Natwest settling disputes

in regards to claims I knew the Judge was ignoring case law in relation to conduct.

The Judge however wouldn't approve cost until a cost Judge had looked at the costings.

A small crumb of comfort.

For anyone out there who later reads this and is in a similar situation. My advice is don't

bother appealing a decision. In some ways it felt like a FOS decision. Meaning the law

was never applied.

Diffrent from the court scenarios I see !!

I take it you gained your court experience watching matlock. I hear if you watch it long enough you start to believe the courts are just and never wrong.

A good way of knowing when a decision is likely to go against you, is when you are a litigant in person facing a solicitor.

The solicitor will always be allowed to present his claim or defence first. In the many of the cases where the solicitor is the defendant, he\she will be allowed to present your claim and their defence before you've even uttered a word.

The judge will then ask hostile questions of your claim as the defendant has provided it, denying you the right to present your claim until you've answered their questions.

The excuse for this behaviour is a solicitor is legally trained and therefore better equipped to speak to the court in a language it can understand.

I never knew corruption had it's own language. Oh well, you live and learn.

The listing manager at the lambeth county court has informed me DJ Wakem no longer sits at the court. Unfortunately that's the extent of the good news. The e-mail goes on to say the court had received the N460 form I had sent on the 23rd July 2012 but was faxing a copy to the Judge today.

It's a good thing the courts are protected by the royal charter otherwise it's incompetence would have seen it bankrupted thrice over.

I dealt with this same judge. 2 seperate claims, 2 seperate claims of bias from this judge

http://www.consumeractiongroup.co.uk/forum/showthread.php?326955-Does-the-Judge-violated-a-court-rule-and-can-I-dispute-the-jurisdiction-of-the-court-to-hear-my-claim

Thank you Sweet Jane for your reply. I have now written to my MP, Mr Kevin Brennan who has sat on several financial committees and like me has an interest in corporate and financial governance. I am not optimistic at present that anything can be done but one can hope.

 

Just one further illustration of the FOS's attitude to clamiants. I entered into loan agreement with Barclays in 2007.

 

It was secured on my property and in the terms it stated that if the loan was not repaid after 6 months, it would convert to a mortgage. The loan was not registered by the bank and after one year, the bank declared that the facility was no longer available and that it would now be converted to a secured loan, increasing the repayments by 4 fold.

 

I pointed out the terms of the original agreement but Barclays stated that again it was a commercial decision. I appealed to the Ombudsman and in its final decision concluded that Barclays had not produced a sigend agreement for the first loan and still cannot, but nevertheless the terms of the loan were clearly short term (in spite of the clause relating to the conversion to a mortgage) and that Barclays had acted fairly.

 

What is the point of this institution and I believe it would be one idea for the programme Watchdog, which often refers consumers to the FOS, to do a piece on its shortcomings. The loan remains outstanding and has now for 6 years. I am shortly to commence proceedings against Barclays for breach of contract, failure of care and skill in executing a contract under common law and negligence.

 

Sadly had my contract been a year later I would have been covered by the new provisions of the amended Consumer Credit Act which consolidates the fomer common law position but I have not given up hope yet.

I'am in a similar predicament.

http://www.consumeractiongroup.co.uk/forum/showthread.php?357628-Natwest-purchase-protection-insurance-claim-struck-out

Please don't give up if a district judge strikes out your claim. You are in the right.

As I have found district judges are no better than the FOS where banks and public institutions are concerned.

Here's another example http://www.standard.co.uk/news/this-secrecy-in-court-wont-give-us-true-justice-6532410.html

I shouldn't get into trouble for posting this link since it's from a 'reputable' newspaper and the facts

are public knowledge.

http://www.dailymail.co.uk/news/article-1254134/Tanned-relaxed-earning-big-bucks--judge-far-stressed-face-trial.html#comments

http://www.telegraph.co.uk/news/uknews/1362611/Judge-and-solicitor-held-in-corruption-inquiry.html

How about 2 miscreants?

How about 3 with Judge Richard Green who was found guilty at Lewes Crown Court of swindling the elderly out of £85,000 while he was a solicitor.

Today the Lambeth county court refused to accept documents to a circuit judge and a listing manager.

Why? I hear you ask.

Because they are trying out a pilot scheme where only urgent matters are dealt with. I asked for the

documents to be stamped so as to verify the court had witness them. I was refused again.

I was told to post the documents in a letterbox by the judge's entrance.

Considering the Lambeth court has lost 4 documents I had sent it, it doesn't bode well for the

documents I posted.

The court can lose documents without the claimant\defendant being able to prove it was ever sent.

The difference between the courts in england and those in afganistan, pakistan, zimbabwe etc is that

the lie of the rule of law is still believed here.

You are optimistic because from on high the judiciary does seem like a noble bunch. It's only when

you're in the trenches that you see what everything is made of.

The cleaning company can't prove anything. They're probably trying it on. Their claim will be struck out.

I think there are some arguments either way in terms of filming trials and the ones against them can't be lightly overlooked. Filming a rape trial, for example, compels the legal system to either remove the accusers right to anonymity or further stigmatise the reputation of a defendant later found to be innocent. Cameras in a court could intimidate juries and witnesses and would, if widely available, jeopardise the right of someone to a fair trial at any point in the future. We should, as members of the public, be aware of the decisions of courts and the reasons which lead to them

The decisions of the lower courts are not scrutinized. Who other than the interested parties will ever bear witness to the proceedings?

The impression you give is that these judges try their best and sometimes get it wrong. Though I suspect you'll say that's the prices we pay for a free and fair judicial system?

When nothing could be further from the truth.

Oh dear...

 

I think I might come along to Lambeth on 31 October, I think it's going to be very entertaining. Will you still buy me lunch?

I don't think the Judge will allow minors in. No matter how well intentioned.

You really are a difficult person to deal with and are failing to grasp the simple concept that the legal definition of words can differ from the dictionary definition.

 

You clearly have access to the internet so you would have though you would have engaged Google before engaging your brain.

 

As you seem to be struggling I'll help out...

 

"In litigation, the court can award indemnity costs, as opposed to costs on the standard basis, in certain defined circumstances and under its wide discretion regarding costs under CPR 44.3. An order for indemnity costs is intended to provide a party to litigation, when their costs are assessed, with recovery of all, or nearly all, their outlay in the litigation. This is more favourable than costs on the standard basis under which a party only recovers a large proportion of his costs but never anything close to what he paid. Indemnity costs need not be, but often are, penal, that is, awarded for unreasonable conduct or abuse of process.

 

This practice note explains the nature of indemnity costs, the process for obtaining them and, with extensive reference to case law, how the court can exercise its discretion whether or not to award them."

You haven't helped me out as much as caught me out, which given our previous correspondence is an achievement for you.

Perhaps you should go lie down.

An indemnity is compensation and it refers to contracts between parties. Judging from the misuse of the word in your post, you are under the impression myself and the judge are in a contract. Even if you somehow meant myself and the bank, you would be wrong as I cannot indemnify the bank in relation to payments I made to it.

The mistakes you make are of such a fundemental nature as to make a person question which high school you attend.

Is it not illegal to film/record when a court is in session?

Shouldn't the court system be open to the public?

What better way than recording the proceedings? That way everyone sees Justice or Injustice being done.

In my appeal I accused the original Judge of "extreme bias". I realise now the courts don't recognise bias amongst the Judiciary.

I also have no way of proving imputed bias or actual bias without knowing more about the Judge's professional\personal interests. How does a person go about finding out such details?

Although I may have some luck with apparent bias. This will never be attributed to the Judge directly, but through her actions. If indeed it's acknowledge by the appeal at all. In Metropolitan Properties Co. (F.G.C.) Ltd v Lannon [1969] Lord Denning M.R. had this to say "In considering whether there was a real likelihood of bias, the court does not look at the mind of the justice himself or at the mind of the chairman of the tribunal, or whoever it may be, who sits in judicial capacity. It does not look to see if there was a real likelihood that he would, or did, in fact favour one side at the expense of the other".

Denning also goes on to say "Surmise or conjecture is not enough" to challenge the impartiality of the Judge, but circumstances must bring about the real likelihood of bias.

Porter vs Magil [2002], Lord Hope (aptly named I might add) phrased the problem in the following manner; "the question is whether the fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was bias".

Lord Hope's interpretation is more in keeping with natural justice and it's something I will rely on.

I read post #14 and you said this:

However, the above is not enforcement of the contract.

I never said it was.

The quote is a posit (be sure to look up the word before posting again)

Except that the bank did perform - you paid for insurance, you got insurance. The fact it didn't cover the event you want it to cover is down to your failure to understand it. I notice you still haven't posted the actual operative clause of your policy, just some general guidance from a different jurisdiction. I understand exactly what it is you've written, which is why I know it is fundamentally flawed and has no merit.

 

Have you actually got permission to appeal or is that application being heard on 31 October as well?

I'm literally stunned when I read your posts.

You have a list of items and events the policy doesn't cover, yet you still assert I wasn't covered in the event of something or other. You can't even name the clause or event that's supposedly in the contract.

I had thought I had presented my claim in such a way as to verify it's merits. Unfortunately it's not foolproof, as you are now proving.

Sorry about that. I blame my phone and the fact I was posting during a very boring training session on fatal accident claims so wasn't able to give it my full attention.

 

Anyway, as Gaston says you have misunderstood the meaning of "enforcement" in the context of Court action.

 

Please explain how the contract has been "enforced" by the Defendant?!

Please read post 14 again. In it I was presenting a scenario the bank had to adopt in order to legitimise their defence.

The whole argument would be raise if I needed to question the Judge's error in using evidence that requires further proof

as to the claims the Defendant makes of it.

The real meat of my argument is the contractual liability the bank assumed in it's terms and conditions but won't pay for.

LOL! You know nothing whatsoever about me. Simply because I state a view that doesn't coincide with yours means I must have some illicit purpose? There's none so blind as those who won't see...

 

Anyway, I didn't ask you to post the exemption clause, I asked you to post the operative clause which shows what the insurance policy covers. That might help. Meanwhile, as others have suggested to you, you might want to research the judicial interpretation of what enforcement of a contract means. Simply collecting payments you are contractually obliged to pay is not enforcement. Forcing you to pay by legal action is enforcement (there's a bit of a clue in the word, you see).

 

Cobbetts must be loving this, they'll be coining it in fees.

Here is a link you should read http://www.gosford.nsw.gov.au/community/community_information/insurance/iPolicies.html

Take note, a operative clause is a general statement of the insurer's obligation. It doesn't SHOW (lol) what an insurance

policy covers.

Even when you have the time to get it right, you fail miserably.

You still fail to understand what it is I've written. I suspect comprehension isn't one of your strong suits.

Let me state the facts again. Non performance of a contract or an agreement renders it unenforceable.

In short there was no contract.

I see the thread title has been changed. I wonder why that is?

 

Because it was thought to be inappropriate.

How can the truth be inappropriate?

1. That item is 12 years old.

2. It was in the independant.

 

Much has changed, Judges particularly in the Civil Courts of England and Wales are working in an ever evolving very complex world, case law, regulation, guidance, balance of possibilities, it is hard to understand these complexities, consider and decide if a piece of law can be fairly or reasonably applied to any particular set of circumstances and make ''a reasoned'' judgement.

 

Many people see their ''particular'' set of circumstances'' as the same thing that happened to the other

person with this bank or that credt card etc the judges skill and learning is to know those differences

and to make his/her judgement in all honesty and with the opinion that it IS unbiased and reasonable.

 

99.9% of the courses taken by judges in the lower courts are clear ansd reasonable.

 

One or two aberrations in judgements of many thousands does NOT make the fairest Civil Court Sytem in the world corrupt.

 

Difficult for any one to understand unless one has experience of this.

What about the other links I provided. The story of the Coulters is very damning. What's worse is they aren't alone. There's another forum member who has suffered at the hands of the same District Judge. When i can be asked I will provide the link.

I see the thread title has been changed. I wonder why that is?

Here's another story about the Judicial selection process. Even Judges think the way in which they were appointed was corrupt.

http://www.independent.co.uk/news/uk/crime/legal-selection-system-is-corrupt-admit-judges-706668.html

An all too familiar experience for some of us.