Shakespeare62 - v - a NastyBank

[the_shadow]

They certainly live in a different world dont they... hadnt realised this has dragged on for so long:(

 

I think your letter will certainly get movement, hopefully in the positive. But in any case I see your more than prepared for the negative:)

 

Keep fighting!

 

S.

[shakespeare62]

in any case I see your more than prepared for the negative:)

 

I reckon so

[shakespeare62]

Formal Handown of judgment is tomorrow morning first thing.

 

I've only had 1 working days notice. It's Monday 26th today - the notice of hearing was issued Friday 23rd October – the 2nd day of the national postal strike. The hearing date is Tuesday 27th October at 9:45hrs (tomorrow).

 

This is a total breach of CPR 6.26 which states deemed date of service occurs on the 2nd business day after posting. In other words under CPR I wouldn't be deemed to have received the notice until tomorrow i.e. at the same time or after the hearing has taken place.

Edited October 26, 2009 by shakespeare62

[shakespeare62]

This flies in the face of Court staff assurances to me on the phone, that I would receive the standard 14 notice of the formal handown and that I wouldn't be suddenly ambushed.

[shakespeare62]

Today I've been busy putting things into gear. The Tape Transcriber company have finally received the Summary Judgment Hearing tape this morning. It will be ready within 5 to 10 days.

 

The transcription will be sent directly to me, because it does not contain a judgment (i.e. Hearing only) so a judge does not need to approve a draft.

 

I've slammed in today a PPI complaint to Amex for £1700 (excluding the compound interest which they will have to add on top, to a refund of premiums going back for the last 10 years or so )

 

I expect they will play 'hard ball' so I'll refer it to the FOS at 8 weeks. I note that other people on this site have apparently had PPI complaints upheld by the FOS against Amex. We'll see....

 

This will give them something to think about while the battle ramps up.

[shakespeare62]

Tomorrow, the hearing is listed for 15 mins. I'll report back late afternoon / early evening. Then start working on the Appeal.

[the_shadow]

Best of luck for tomorrow.. is it worth putting in a complaint to the court after the dust settles?

 

S.

[r&b]

i agree with shadow complain for sure (think the form is EX343)....hope it goes ur way this mng shakey..

[shakespeare62]

A very serious matter occurred in Court this morning. The Deputy District Judge handed the Claimant his businesss card (he had the cheek to ask me to pass it to them) and asked them to contact him on his own business email address ostensibly to provide a reference to Judge Simon Browns case - so he could amend his final judgment which he has failed to complete.

 

I objected strongly and stated it was outside of the Court procedure. He then asked the claimant for his businsess card back. It doesn't matter - the business card was exchanged.

 

As far as I'm concerned he was touting business with the Claimant - in whose favour he has found, and asking them to contact him in private (outside of Court Jurisdiction).He has compromised his impartiality completely.

 

He might as well have invited the claimant round for tea. It is edited outragoues and makes an mockery of any pretence for impartiality.

 

I'm going nuclear. I will take this to the Secretary of State and it will be on the front page of the Sunday Times or whoever wished to publish . This Deputy should be struck off.

 

So there we have it - the judge finds in favour of the claimant - awards costs against me - hands them his personal business card so they can contact him in private and God know wot - send him a reward no doubt or give him extra business. It is unethical and it stinks. He is edited

 

Can u see that Happening in the house of Lords ? u know - I find in favour of the claimant - and here's my business card - u can contact me on Wink wink - then I'll reword my final judgment.....

 

I'm filing a complaint with the judiciary.

Edited October 27, 2009 by HSBCrusher

[shakespeare62]

I'll do a write up later today , the judicial complaint is taking immediate priority - and yes I will issue a "blinding" appeal.

[r&b]

blimey shakey u have received the back end just about of everything possible in this. im so sorry mate this is appalling. take a little while to have a drink (or 20) n clear ur head. the next round will be urs for sure, its disgraceful.

just one point , i thought he had to complete judgment, or how can u appeal?

[the_shadow]

Another possible route of complaint is:-

 

Parliamentary and Health Service Ombudsman / Can the Ombudsman help you? / What can the Parliamentary Ombudsman look at? / Who can we look at?

 

S.

[shakespeare62]

Another possible route of complaint is:-

 

Parliamentary and Health Service Ombudsman / Can the Ombudsman help you? / What can the Parliamentary Ombudsman look at? / Who can we look at?

 

S.

 

 

Thanks r&b and shadow. I see Ministry of Justice is listed on the above website - so I'll look into that further - it's another line of attack.

 

I've now contacted the Office for Judicial Complaints and they said I need to put the complaint in writing.

 

I've been advised to complete the write up of todays hearing in full. Then lodge my complaint with the Office of Judicial Complaints within 24 hours.

[shakespeare62]

In the attached word document is my write up on the full events of todays hearing :-

Post_Mortem_Handown_of_Judgment.doc

Edited October 27, 2009 by shakespeare62

[shakespeare62]

The hearing took place in chambers and was recorded. I telephoned the HMCS Court Office later today, explained I was going to make a judicial complaint regarding the Judge - outlined what had happened, and requested them to secure the tape.

 

The member of staff assured me the recording would be on CD, is collected by the usher after the hearing, and is not tampered with.

 

I noted down the time the business card was handed to the claimant.

Edited October 27, 2009 by shakespeare62

[shakespeare62]

just one point , i thought he had to complete judgment, or how can u appeal?

 

Thats wot bothers me...up until today...the Draft Reserved Judgment was confidential under CPR 40 Practice direction sections 2.4 and to publish it or discuss it Contempt of Court under section 2.8 of that PD.

 

However - how could I submit an Appeal attaching the Draft Judgment from July - when the final version might have different section numbers ? It shouldn't - but what if it did ?

Edited October 27, 2009 by shakespeare62

[shakespeare62]

From my point of view it goes like this - a bank pays it's employees large bonuses. A DDJ is is also in business on his own account. The DDJ hands the claimant aka the Bank, his business card so the Bank can communicate with him in private - at that moment all transparency is lost - the court system is out of the loop. No one knows what is said or discussed or what deals may be done between them.

 

This is how it works in "cosa nostra". I'm not sure about _masonry - perhaps the spotty faced agent didn't know the hand signals.

Edited October 27, 2009 by shakespeare62

[shakespeare62]

page 51/ 52 of the Guide To Judicial conduct pdf :-

8.7 Business cards etc

8.7.1 It is not appropriate for someone who sits as a

deputy high court judge, a recorder or as a deputy

district judge, to describe him or herself as such on

a business card, cheque book or letterhead. Entries

of a biographical nature in, for example, a firm’s or

chambers’ brochure, are acceptable.

 

// surely it is no more acceptable to hand out his business card to the Claimant during the hearing !!!!!!!

[shakespeare62]

BTW I have received repeated apologies from the HMCS Regional Director's Office over the delays and failures in the Court's managing of this case.

 

To quote from a letter received 21st October “If a judgment is outstanding for more than 28 days, it should be closely monitored by the administration and judiciary alike, to ensure that the judgment is completed and handed down without unnecessary delay. This has not occurred on this occasion, and the matter has 'slipped through the net'. I am sorry for this oversight, and the delay therefore incurred'.

 

To quote from a 2nd letter from the same office received 27 Oct “I am very sorry that this matter was overlooked. Clearly the level of service you would expect from HMCS has fallen short of the standards we aspire to.”

[42man]

I would also get some support from your local MP too....

[shakespeare62]

Complaint had been lodged with the Ministry of Justice - Office for Judicial Complaints section

[paulwlton]

Complaint had been lodged with the Ministry of Justice - Office for Judicial Complaints section

 

Seems a regular occurrence - riding roughshod over a lay person.

[shakespeare62]

Seems a regular occurrence - riding roughshod over a lay person.

 

Apparently it's 3 working days to acknowledge and 15 working days for investigation and resolution...

[the_shadow]

Apparently it's 3 working days to acknowledge and 15 working days for investigation and resolution...

 

Blimey if they keep to that timescale I'd be impressed...

 

as all of us that have reported to regulatory bodies in the past know

 

S.

[shakespeare62]

I would also get some support from your local MP too....

 

Thanks 42Man I will. I believe the MP will need the Ministry of Justice - Office of Judicial Complaints then Paliamentary And Health Service Ombudsman to have concluded an investigation if necessary

 

....otherwise the first excuse a minister will give the MP is that "you've got to allow us an opportunity to investigate through the correct procedures before I can comment...".

Edited October 29, 2009 by shakespeare62