Ok, thanks

I'm not sure whether you consider that it is OK, or maybe it's just acceptable for a Local Authority to pervert the course of justice in order to evade their Statutory liabilities, but if they can do it, surely any crook can do it ? In any case, at the moment, the latest is that my MP has asked the Minister to explain why the court are not following the rules.

Yes, the AG says it's using PD 32, at least, he did, when I referred it to the Court in 2012, before CPR 81 came in, and PD 32 still applied,. I spoke to a solicitor about this, he had given me some advice previously, and, NO, he won't represent me. I described what the Council had done, and he said, "Oh, they've committed perjury". I didn't say that I thought perjury only happened when under oath, after all, he says he has 31 years experience as a solicitor.

Thank you for your reasoned response, but as I remember it, Chris Huhne’s speeding offence took place in 2002, but he was prosecuted n 2011/12. He wrote a letter to the court saying that he wasn't driving. That was automatically contempt of court, the fact that he intended it to avoid the legal consequences made it also perverting the course of justice. Fair enough, I am not a Cabinet Minister, I am just an ordinary Joe, but doesn't the Law apply equally to everyone ? . . . maybe the Council and the Court have an "unhealthy" relationship ?

Thanks so much !

I am So SORRY, Guys, I didn't realise anyone else had replied. Didn't get any notification from CAG that there were new replies. There isn't a fee. The Practice Direction says, (paraphrased) Anyone alleging that false declarations of truth or false statements have been made in court should refer that allegation to the court where the false statements were made. The court then investigates, decides whether punishment is appropriate or not, OR to refer it to the Attorney General to investigate. The court DON'T have the option to to absolutely nothing. Things have moved a little further on from when I last posted. My MP has written to the court asking why they aren't following the Practice Direction. The court replied, (eventually) ,saying they had taken a "judicial decision" not to do anything ! AND the MP can't ask them about it, as they refuse to discuss "judicial decisions" ! My MP has asked the Minister for Justice to explain under what circumstances, is it acceptable for a court to disregard a Practice Direction, and what procedure should be followed when this happens. When I get a reply, I'll let you know. My understanding of the Human Rights Act Article 6, is that everyone is entitled to a fair hearing in both Civil and Criminal court. If the Minister doesn't do something, (like referring it to the Attorney General or a higher court) my next move will be to make a Police Statement. - but I don't have much hope that they will take much notice.

Hi All, HMRC paid me some Tax Credit a few years ago - They said they had paid me £700 too much and they now want it back. They have passed the matter to CCS Collect DCA. I have been receiving letters for a while, from the above DCA They also have phoned me a few times. I have not entered into any conversation with them on the phone. I have paid them £50 one month and a further £50 the next month. And I intended to pay them another £50 this month But, apparently that is not enough as they have written to me to say they will recommend "further recovery action" to our client HMRC . This "could result in legal proceedings, and include costs, accruing interest and late payment fees". They say PHONE them, don't write. Has anyone any constructive advice ? TIA

Thanks Citizen8. I have now had the reply from the Parliamentary Ombudsman. Although I quoted their stated Principles. i.e. that they will redress an injustice caused to an individual by a public body, the Ombudsman say "It's nothing to do with us" ! It seems that no-one in the whole of the British "Justice" system is prepared to do anything about criminal acts committed by a Local Authority or take any responsibility for a court that won't follow the rules. I think the only course now is to report the crime to the Police and hope they don't wash their hands of it also.

OK, So I guess no-one has any ideas, then ? Or is perverting the course of justice now acceptable ?

Thanks, Things have gone a lot further than that. OK, Public Highway (major A Road) outside my house, and for 100 metres in either direction collapsed in 2005 to 2007. Council, who are Highway Authority said it was due to continued leaks from Water Co. water mains. Water Co denied that they had any leaks. My house was rocked for about 2 years from 2005 to 2007 by the vehicles hitting the recurring potholes. My front wall cracked. Highway reconstructed in 2007. Neither Council or Water Co would accept responsibility, so I took them both to small claims court (under £5,000 claim). In 2008 Court ordered all parties to instruct a joint surveyor, and to disclose. Parties instructed surveyor. They both ignored order to disclose. Surveyor did report, but was pretty incompetent. As he had no evidence that highway had collapsed, his report said he wasn't sure, but he thought my wall had cracked due to temperature and moisture variations.(Its been there for 35 years, so not very likely) At the next Court hearing, the other parties tried to claim costs from me as they said my claim had no chance of success. Court dismissed their application but transferred case into Fast Track. I told Judge the other parties had not disclosed. Judge ordered them again to disclose. This time they made the declaration, but they withheld all evidence that showed their negligence or that the highway had collapsed. i.e. they made false declarations. I offered to go to ADR - They refused. Their costs were accruing at £1,000 per week. Legal Advice I got was that as an individual of modest means, I could not stand the costs risks of a case in the Fast Track, and should withdraw. Court said it was quite OK to withdraw at any time. I did so. Council and Water Co then pursued me for costs - They would have eventually wanted up to £37,000 from me. When the Costs hearing came around, they applied for their small claims costs of £6,000 + each because they said I had brought the case "unreasonably". They didn't get their small claims costs. They got £3,500 (half their Fast Track Costs) from me. They didn't get the rest because they had refused ADR. As I knew the Council couldn't have carried out such a large highway reconstruction without documents, over the next few years, I got their documents relating to the highway collapse by Freedom of Information requests. Turns out that they had allowed, or at any rate, not prevented, a Cable TV company from laying their cables by cutting through all of the steel highway reinforcements in the highway. Council have highways inspectors, but they didn't notice !. Water Company had numerous water leaks that contributed to the collapse. Water Co also had a report dated 2006, that said the highway had been shoddily repaired for many years and had voids under. Council had several hundred documents about damage to and repair to highway, but chose to hide them when ordered twice to disclose in 2008 I have all of this as documents. Local Government Ombudsman will not get involved. OFWAT and Consumer Council for Water don't want to know. Standards Committee of Council ditto. Citizens Advice will only give me a list of Solicitors, All Solicitors won't get involved unless I pay them upfront. In 2010 I referred the evidence to the Court as per Practice Direction 32. (This applied at the time, ended 2012) Court say I need to make an application and I would be at further costs risk. That's not what the PD says. It just says refer evidence of false statements to the court. Then court is supposed to consider whether statements are deliberately false, and then if so, to punish them. Met with Council with my MP, Council say they thought they didn't need to disclose internal documents or photos, say they're sorry they didn't do it during court case, (they were represented by a large firm of solicitors so this is very dubious) and they decline to return my money. Contacted my MP. MP asked Attorney General for advice. AG says refer it back to court, (he knows I already tried this) but he says bring the Practice Direction to the Court's Attention. I did this. Court ignore the evidence I supplied them with, won't even acknowledge allegation has been made. MP has asked Court to explain why they are refusing to comply with PD. That was seven weeks ago, they haven't replied. Made a complaint to Parliamentary Ombudsman (via MP) as court not following Rules. PO says they can't get involved - I can ask for a review, once only. But I'm not holding my breath. Local Newspaper ran a story on it, but they're so biased in favour of the council, as they have to keep the council sweet. Contacted BBC Watchdog, Don't Get Done, Get Dom, They're not interested. Council had to go to Transport for London, who gave them £200,000 (tax-payers money) for the reconstruction. In total it cost c.£321,000. Cable TV Company and Water Company paid zero. Edit: Forgot to say, Dave Cameron and Nick Clegg aren't interested. Eric Pickles, Dept of Community and Local Government isn't interested. Chris Huhne lied to a court about his speeding points and got sent to prison. My Council lied to court about their negligence, and the court don't want to know. Go Figure !

Not at all sure where to post this. The brief gist of it is in the title. I won't go into much detail until a mediator tells me which sub-forum is most appropriate to post this. Council damaged my house, they withheld all of the evidence from the court and made false statements in Court. My claim couldn't continue. and as a result, council were awarded costs against me. I now have the evidence, which the council withheld, I have referred it to the Court. Court don't want to know. Council agree that they withheld evidence, but they won't return my money. Dispute has been going on for up to six years.