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The Police and SRA have held my file for over a year, both issues have gone to Appeals and IPCC. The Police view this as a civil matter, with regard to the claimant's fraud and so on, and have refused to refer to the he CPS. My file was vetted by a Prosecution lawyer, and although research and put together by me, it is very professional and every point is backed up with hard evidence. The SRA have my file, and presently will be monitoring the claimant's solicitors behavior.
The police refuse to investigate this issue as a civil case. The SRA have been supportive and are holding my file, in case of future complaints about the claimant's solicitors.
The police and the SRA are not carrying out any investigation, despite having had sight of my file, vetted by a prosecution lawyer. The police and SRA will only take action if this case is referred to them via the Courts. It is my intention to make application to the Courts this week, citing rule 44.11 misconduct, to disallow costs due to proved and total lack of continuity of evidence between two courts actions against me. I need advice on contesting the ENTIRETY of the costs, on these grounds coupled with the claimant's solicitors false 'court order', which has been confirmed by the courts as a fake. In short, I need the Police to investigate this case, fraud and perjury by the claimant, and fraud by their solicitor. Action fraud are slow, the the Solicitor concerned in not in the West Mercia area.
So any SRA and Police investigation has stopped and there will not be prosecutions?
There will only be prosecution if the Courts refer. I need to contest the costs against me in their, entirety, under Rule 44.11 misconduct by the Claimant's solicitors who changed a 'Court order'. and proved fraud and perjury by the Claimant.
I need a precedent for claimant's solicitors failed 'risk assessment' which negates the rest, and proved fraud and lies by the claimant. This is a contrived case, under insurance, via no win, no fee, contract, against me, an undefended defendant, I could not afford legal counsel and home insurance refused, even after Appeal, due to my honesty with regard to the start of the event date. I have to deal with this myself.
When was the Judgment made for costs please?
12th February 2013. I did not receive any further correspondence from the claimant's solicitor until 8th January 2014, very late, and not within 3 months, i did not commence costs myself, as I hoped the Police would refer to CPS. I replied to form N252 commencement bill, within time, contesting the fact the enclosed 'court order' was not authentic, and issues, of their 'risk assessment'. They applied for Default costs Certificate, which I have Hearing 1st July 2014 to set aside.
However, I wish to make application to the Courts under rule 44.11 before this, and need to contest costs in their entirety?.
Did you lose the substantive hearing please in terms of the main issue?
Yes, I was found guilty of 'encroachment' onto the claimant's land, with my new fencing. This had to be installed as the claimant had completely destroyed the boundary line, with an intention to narrow my private drive. My private drive is shared with a total of three properties, including mine, the claimant does not have to use it. This private drive is in my ownership and the boundary destroyed was also in my ownership, almost 100 foot. The claimants wanted to claim 1m of a total of 4m width via adverse possession, i.e. hedge maintenance, most of which was prior to my ownership. The deception in Court was incredulous. The first action, small claims court, they claimed ownership of the disputed strip of land, and claimed not to need to apply for 'adverse possession' via the land registry. however they the argued adverse possession, despite stating that they would not, they also, claimed to have a 'Covenant' to access my land. The second action, complete change of story, they did not have a Covenant, and the land had always belonged to them.
I may need to address issues of profound fraud in the future, however, I need to get on with my life, which is presently impossible, with the stress of massive disproportionate costs against me. It is my intention July Hearing to get default Costs Certificate set aside, and I don't think this will be a problem, as the i have studied Court Rules, and points of Law, and the opposition are not entitled to this Certificate. They clearly, do not want this to go to assessed costs, as my response to their Form N252, conclusively proved their client to be a fraudsters, liar and cheat, and this is proved. It is on these grounds, coupled with their Solicitors failure to address/vet their clients sufficiently, via their 'risk assessment' and the Solicitors changing the Court Order, to include a specific measurement of 'encroachment' by me, is a criminal offence. The authentic Court Order, only states that I have breach the first Court Order, and this does not state the overall width of my drive, and only relates to 'timber battens' which had been removed six months prior to the first Court Order. In short, both court actions against me, via Barristers have been a complete shambles, and it is only now when comparing the evidence between the two Court actions, that I can proved the manner that the Courts have been deceived. It is also symbolic that the motive, to narrow my drive, was to inhibit planning permission, for land locked development land not, in my or the claimants ownership, but which could access off my drive. By stealing this potential from me, this potential then would be passed exclusively to the claimants. The result of the second hearing, was that 'I breached the first Court order, but that my fencing did not have to be removed' . Compensation to the claimants £2,866, £866 of which was for their gardener, and the highest estimated written costs to me, was almost £33k. I was not concerned about the second hearing, as I knew this issues could not be proved via measurements, and that is why despite the claimant and witness written witness statements claimed 'precision' and measurements' however then changed their oral evidence under oath, to state that no measurements were taken, prior to my new fencing, and that the gardener/witness just went by what remained in place- timber battens. This was 'work' the claimant carried out prior to my fencing, which was extremely offensive, wooden upstands, and a trip hazzard which narrowed my drive to below 3 m. i therefore removed them and put fencing in the appropriate and fair place.
It is clear that the motive of this case, was to not only destroy my fencing, to take land, but as per oral evidence, to re coup thier costs from the first action. The claimant's legal counsel failed to inform their client throughout, that those costs could not be recouped.
Despite, the fact the highest written estimated costs against me equate to just over £33k and that I had no communications from the claimant's solicitors from 12/2/2013 Costs Hearing, until Form N252 on 8th January 2014, and no further 'work' from them the total costs amount to £83k. It is incredulous, as every effort to force the opposition to confirm the overall width of my drive, both prior to Court and during Court, at no time has this been confirmed. Only to state various measurements of 'encroachment' and then to change this, to state 'no measurements ' were taken, the gardener followed the materials which remained in place, with his up stands, and my new fencing did not following this. No materials whatsoever remained in place after the claimants destruction January 2010. The first court order was July 2010 and the second December 2012.
How far did you get down the appeal route please/
I started this process only with the intention of getting permission to Appeal, because a local solicitor (Worcester) advised this would put me in a stronger position to negotiate costs against me. I had no intention of proceeding to the High courts because I lacked funds, and this was clearly going to be far greater costs than initially, quoted. There were problems with time scales, because the Hearing/Trial was 12th December 2012, and the 21 days to Appeal encroached into the Christmas break, I therefore organized extensions of time because of this. By the time the Solicitor found a boundary expert Barrister, (Birmingham) my funds on account were depleted, I believed these funds would cover a Barrister to advise on permission to Appeal and carry this out. Shortly, prior to the local Solicitor sending documents to this Barrister, I pulled out. I found that the process had not been made clear to me, and I could not fund a Barrister to access my case, apply to the High Courts, and then a Costs Hearing. There is no doubt, I would have won an Appeal, as the deception to deceive the Courts between two hearings was conclusively proved. This was still far too high risk, even if I had funds , because I Judge could still have decided that each bear their own costs, and my compensation paid back to me. Therefore, I made the decision to try to get Police referral to the CPS and many issues with the SRA, because as undefended defendant the claimants legal counsel took many liberties, with regard to court schedules, and the trial bundle was presented to me, with one days notice, and was largely illegible on low ink, to the extend the Judge could not read. The claimant's Barrister also told the Judge my Deeds had not been presented, which was wrong, and all my efforts to object proved massively against my Human Rights, under the Act 1998 Article 6, for a fair trial, basically, I was not allowed to object to anything, it was a farse. The main problem, I now conclude, it that this case - under a 'no win, no fee' Contract should have involved a very thorough 'risk assessment' and the Judge would have been influenced by this fact. The claimants legal counsel were a large national company, from Liverpool, and they, had to my knowledge had never made a site visits. The Judge refused my request for a site visit from him, which would have been fair, and this also went massively against me. Thereafter, I contacted a Prosecution Lawyer, for a fixed fee to vet my folder and evidence to the Police, which he did, and he provided me with advise i.e each page had to be signed by me, and if any aspect of this folder was untrue, I would be subject to prosecution myself. To date, the Police will not investigate, although I have involved Professional Standards and the IPCC, the SRA and their Appeal route.
Its bad news I am afraid.
Given there is a Court Judgment against you, you can NOT apply to set it aside
The Regulator and Police are not doing anything
All you can do at this stage is follow the appeal route.
However if the appeal has now been abandoned then unless it can be reinstated there is nothing you can do
If the costs were awarded then if it goes to a costs hearing a Judge is not going to be interested whether they lied, as you have a route of appeal
At the costs hearing a Judge is only going to be concerned with those costs
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
However, I also, appeal the Professional Standards decision, and this was supposed to be presented to an Independent Appeals Panel on 15th January 2014. I have requested transcription of this several times, and now have applied via the subject access route. We are aware that the claimant's grandson, is alleged to be in the local police, and we feel this family hold influence. I have Hearing 1st July to set Default Certificate aside, however, I am putting together another application to the Courts, under the Court Rule 44.11, as the claimants solicitors have sent me a false court order, already discussed, which would prevent their client from future prosecution. I need the Courts to report fraud and perjury to the Police as regulators.
Rule 44.11 only applies where there has been misconduct during the hearing.
Your answer has come through before, I have finished, which courts would a private prosecution, against the claimants for fraud be sat, given this reached the Circuit Court?
This does NOT apply when it comes to costs after Judgement.
This means you HAVE to appeal
Rule 44.11 does not apply as you think
There is no finding against the Solicitors
The only way to get this is with an appeal
You could bring a claim for fraud
However this does not stop the costs being assessed.
This hearing would still go ahead
I am contesting rule 44.11 against the Solicitor who took this proved contrived and fraudulent case on. The main issue of contention, i.e costs in their entirety July, is the Solicitors failed risk assessment, which is included within their bill.
But there isn't a finding of fraud yet.
The costs Judge wont be dealing with any fraud allegation
The risk assessment is a valid argument
But sadly fraud is not because there is no finding
For that you would need to appeal
The Court would need to make a finding that there was unreasonable behaviour
And it wont generally do this during a costs only hearing where no previous finding has been made
Your proper route is to appeal the decision originally if it was wrong
I contest that this negates the rest as a contrived case, because the solicitors would have known their client was a fraudster
at that prior to taking them on?
Yes, but this is a matter of appeal.
If you want a finding of fraud for unreasonable behaviour a costs hearing is not the venue for that
I see your point, but what I don't understand is that the high profile case of Hulme (the Speaker) has had costs
reduced due to lies by the other side.
All I am saying is this is the normal procedure how to do it
By all means you can argue the case at the costs hearing, but it really should have been dealt with at an appeal
You are quite right with the rule though
I appreciate above, however, I cannot consider any Appeal, which is now out of time and I cannot take much more of this, it would take a very long time, now and I would have to get permission to appeal first. I need to know which Courts, would deal with a private prosecution against the claimant, and or, their witness for fraud.as this had reached the circuit counts. I have been consider this, it is easy now for me to proved every aspect the witness oral evidence was a lie, apart from not matching his written evidence in any way, this character only has to retract his evidence, and this would be over? Which Court would deal with a private prosecution, and if the witness retracted his evidence, subject to initiating a private prosecution against him, would this stop? (please note yesterday I was ill, apologies for delay, I am 57, I live alone, and since this case, I have suffered severe migrains/vertigo)
It would be the County Court
You issue in the County Court and it may be transferred to the High Court
Does that assist?
I have considered this for a long time, and that a strong solicitor's letter to the Witness, may encourage him to retract, however, I have a wealth of evidence of unreasonable solicitor behavior against me to win this case, which I can back up.
Your help is appreciated, and although mush is as I thought, it is still helpful. Thanks
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