@MoJGovUK When Court Orders are Void. What ‘fundamental defects’ do we find?

This blog post about void court orders was brought to my attention and quotes not only critical principles, but also relevant case law:

A void order does not have to be obeyed because, for example, in Crane v Director of Public Prosecutions [1921] it was stated that if an order is void ab initio (from the beginning) then there is no real order of the Court.

A void order results from a ‘fundamental defect’ in proceedings:

  • a fundamental defect in proceedings will make the whole proceedings a nullity;
  • a nullity cannot be waived;
  • it is never too late to raise the issue of nullity; and
  • a person affected by a void order has the right – ex debito justitiae – to have it set aside.

A ‘fundamental defect’ includes

  • a failure to serve process;
  • failure to comply with a statutory requirement (Smurthwaite v Hannay [1894]);
  • a ‘without jurisdiction’ / ultra vires act which is any act which a Court did not have power to do (Lord Denning in Firman v Ellis [1978]).

‘Without jurisdiction’ obviously also applies when ‘official court documents’ are faked, i.e. the ‘authority’ of a court is falsely invoked by white collar criminals. This deception / fraud may be hard to spot, but it is

  • a non-insurable event!

And the significance of insuring local councils was the issue for an Early Day Motion already in 1996. Institutions live longer than individuals!…

My big question:

  • is is a ‘fundamental defect’ to hear the CRIMINAL allegations of child witnesses in a SECRET family court?

When the magic of ‘related articles’ find this link below, it demonstrates one of the important avenues forward: ‘contract law’ between ‘consenting parties’ – generally about the value of a ‘trade transaction’.

In the end, our dishonest money system is definitely the best explanation for a lot of the corruption we’re seeing: sex, money or both. Or other ‘material perks’, as long as ethical, moral, spiritual values can be avoided…

Still, I shall keep blogging and won’t give up hope!

Advertisements

About Sabine Kurjo McNeill

I'm a mathematician and system analyst formerly at CERN in Geneva and became an event organiser, software designer, independent web publisher and online promoter of Open Justice. My most significant scientific contribution is www.smartknowledge.space
This entry was posted in Rule of Law and tagged , , , , , , , . Bookmark the permalink.

59 Responses to @MoJGovUK When Court Orders are Void. What ‘fundamental defects’ do we find?

  1. Peter B says:

    There is an important distinction to remember . However daft a Court order is, it is valid until such time it is set aside , appealed, etc.

    Like wise with an act of Parliament. If Parliament passes a daft law like all blue eyed babies should be killed at birth , then that is the law , until such time it is overturned , they annul/replace it.

    As to
    “is is a ‘fundamental defect’ to hear the CRIMINAL allegations of child witnesses in a SECRET family court? ”

    The quickest answer will be to write to MOJ, MP etc and ask under what act/ law,
    regulation , statutory instrument or rule do they rely? Or is this just Judge made law ? When you find out the answer to that question , then you will know how you can go about challenging it.

    • JM says:

      that might be the reason why they refuse to answer any questions whilst refusing to confirm or deny if they know who they are….:-(

    • GFQ says:

      Yes it is a form of internal discretion. I have been dealing with courts for years now. They even ask for huge court fees to apply for a setting aside of a statutory flawed process. You do not pay court fees if the judgement is void. You cannot apply to a court to set anything aside becsuse they refuse to recognise void orders or nullity. They don’t want to because many judgements are derived from invalidity which creates work for the corrupt legal and law society. Appologise to the Law Society, but I only work with reality. Clearly we do not have an impartial and independant competent judiciary if the cause is challenging a public authority.

      You must accept that a judicial decision whether invalid void or good, is a decision in general which is impossible to appeal. Most judicial decisions are based on invalidity and not parliamentary law. This is worrying because it means that decisions these days are made without lawful justification. We dont get the legal substance now which shows how the judge reached his decision. This is doubled barrelled since it protects authority’s corrupt adminp and makes a convoluted and nil legal principled judgement impossible to appeal. I can show you many judgements which show no legal principle. That alone is void. Regards to all who may be served by these observations.

    • GFQ says:

      You cant set aside an order which can be shown to be void. If its void, the judge and HMCTS were responsible. If you consider anything void you can apply using the complaints process in a N244 application to explain that the order is void. But if the court made such an unlawful or void order, its clearly what they wanted. All they do is ignore you or respond by using irrelevant arguments designed to ignore the substance. They also ignore authorities. They refuse to acknowledge that the decision is void or state that it is a subject of judicial review. Remember they are protected by the Crown. Whatever happens the court has not provided a service it they grant you a hearing to declare the process a nullity. They won’t do that either.

      • Jake Maverick says:

        you’re very lucky if they all do is that to you….often they not only ignore the application, but things get extremely violent very quickly then you are chemically labotomised in mental prison…I’ve been there, been homeless and destitute ever since.

        • Yes, yes, Jake. Only thanks to the internet can we begin to see the difference between the victims and the perpetrators, and the GAPS between what they claim and preach vs what they do and deliver…

          Deep sighs and high hopes on this sunny day!

        • GFQ says:

          JAKE you have to close your mind to them, make correspondence as succint as possible to reduce the stress. After, you then close them out until you get the next wave of establishment abuse. It becomes away of life. Be strong and focus them out or they will destroy you. We must accept that we are all faced with a systemic regime to protect government from citizens complaints. This verifies that none of us live in a democracy. Remember HMCTS purport to give a service this is paid through excess fees. In return, courts must comply with process. They have to “explain” judicial decisions. Failure to explain or defect in process renders the service void and they have to refund the fees. Stating that a case is completely without merit is false representation and does not provide a legal principle to the findings. It is a lawful requirement of any finding. To refuse an appeal without explanation is illegal. HMCTS must ensure that adequate decisions are given at any stage by the judiciary. If they fail to do that they fail to provide a service.

    • sil says:

      A void order is never valid. It is a nullity as if it never existed. It does not need to be set aside or appealed, although it may be convenient to do so

    • A fact is a fact if an Order is Void it cannot be made valid – That is Substantive Law and Common Sense If it is Void it is as it has never been made and that is reaffirmed in many High Authorities. There can be no exceptions Orders must have Authority – If You OBEY UNLAWFUL ORDERS YOU BREACH LAWFUL ORDERS. Quick answers I don’t know but HRA and exhaust all lawful means – All it takes for evil to succeed is for good people to do nothing. examples of Public Outrage have on occasion succeeded. We cannot win if we do not believe truth do right and fight wrong. We each have our conscience – and like minded people will make changes – There is a point beyond which a person will not go but we must all make our choices. A principle is not a principle unless it costs you something.. The internet helps get the information out and we must demand Justice without Justice nobody can be free.

  2. Anonymous says:

    Someone might just be knocking the last nail into the South Wales Police coffin but I, having spent a third of my life on South Wales, could not possibly comment
    E

  3. Another important factor is that Time Limits do not apply to Void Orders since they are void from the beginning.Lord Denning and many others.

    It is not a question of how daft a Court Order is or may appear to be. That is only an opinion, The Question is whether the Order is Void under Law. And if it is Void then it is unlawful. If it is unlawful it derives no power from Law.. And there is no power greater than the Law. Proving it to a court who may have a vested interest in protecting their judgement’s saving embarrassment! and/or reputation by improper means by avoiding or rather evading the fraud error or mistake of the decision maker is probably the reason why this rather nasty and abusive behavior of decision makers to make Void Orders continues. (this was common practice in the previous Legal Complaint Service (now the SRA) will these practices change because the LCS is now the SRA?).

    Never mind that a Void Order need not be obeyed. The Judge/s or Decision Makers are given power under the Law to make orders and must follow the CPR and Statutory Legislation, and a failure to obey these rules are a breach of procedure which will make such Orders unfair and therefore unlawful.

    — Just as all the previous judgement over many decades (although quite why so much valuable public assets (Court Hearings and Appeals) should have wasted time considering whether unlawful decisions should be made lawful is in my judgement ridiculous.). If the Order was made lawfully and this includes compliance with CPR and Statutory and Common Law it is unlawful and lacks the authority of Law. If it must be obeyed it would have unlawful consequences on all affected persons. In the Army Soldiers have a duty to obey all lawful commands, if they obey an unlawful command we can remember bringing Nazi war criminals to justice, the Nuremberg trials.

    In my own case I have been dealing with this issue in the Courts since the High Court made a Tomlin Order 1st March 2002. During this time I have examined this matter of Void Court Orders and the principle behind the issue of “res judicata” reɪz ˌdʒuːdɪˈkɑːtə/ nounLAW ” a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties”. The offender in this case is a solicitor as sole executor and trustee has plundered our parent’s estate, and in an abuse of process has breached the schedule to a Tomlin Order, then breached the Order; That all further proceedings be stayed upon the terms agreed etc.

    Then after deducting the bill of costs assessed as agreed, he drew up another bill of costs and deducted that also from the Estate accounts. Then in breach of the Order that all further proceedings be stayed., made a claim for non-payment although he had already taken the money. This solicitor singled me out for making a complaint to the LCS (now SRA. The Police recorded the statutory offence of perverting the course of jusice, but then only made a pretence of investigating it. (The police withheld information from PCC. The County Court and others have ignored the “res judicata” and more than twelve hearings since 2004 have continued to support the solicitor.

    (see: https://files.acrobat.com/a/preview/03f72ac6-b20d-437e-a35a-70f4707bcb44 )

    .

  4. My comment on the question “is a ‘fundamental defect’ to hear the CRIMINAL allegations of child witnesses in a SECRET family court? ”
    First if the Criminal allegations are made by a child in a Secret Family Court – the Court cannot deny and yet need not admit hearing the allegations, as the Hearing is Secret. One would “hope” that the Judge using his discretion would consider and act appropriately to decide whether it is fair and reasonable to ask or order the Police to investigate. and/or deal with the matter as a civil issue ie involve SS.

  5. Anonomi says:

    if a judge makes something lawful which is unlawful then that is treason, per Lord Bingham.

    If an order is void it has to be set aside – the problem is that we have corrupt judiciary in place to cover up for other corrupt judiciary. And to appeal a void order you invariably need a permission to appeal which is at a judges discretion and can refuse permission just like that finding some excuse or other.

    As for obedience to court orders one only has to look at the orders in the family courts and tribunals that are regularly ignored or not enforced [in reported judgements]. So whether an order is void or not is often irrelevant. An order is discretionary and its obedience is therefore discretionary. A court can always set it aside. It seems any person or body that is funded by the taxpayer invariably wins. How do you explain that?

    If you actually look into some of the case law quoted in the article which appears to be a cut and paste from elsewhere on the web some have been overridden by statute and others do not seem to refer to the point.

      • I don’t see a pending comment. Sorry.

        • JM says:

          on the link i posted Sabs, not your site….u always been good to me in that regard….;-) well, there was a period couple of years back when i cdn’t post anything for ages- but i think that was one of the ‘the third parties’…..

          • GFQ says:

            Big problem we have is based on the illusion of british democracy. Elections in uk are futile because they change nothing, give me an example? Adminstration still runs unaltered. The Establishment judiciary never changes and becomes less and less lawful to the extend that parliamentary law is redundant. If you want change go to your mp, perhaps you could used the parliamenary ombudsman. Or even judicial review. I took the ombudsman to the supreme court under an application to declare it incompatible with convention rights. The ombudsmen ignored the acknowledgement if service and the registrar of the supreme court persistently ignored the application. Notice most of the justices are Lords! Human Rights inthe uk ha ..ha…ha, who the hell cares, the courts couldn’t give a …..xxxxx.

            • Jake Maverick says:

              I tried my MP and he had me repeatedly gang raped, amongst other things. Doug Hogg MP.

              U file the paperwork and they just ignore you…? then you’re lucky then, they do far worse than just ‘ignore’….

              I’m currently trying to get myself prosecuted for numerous gang rapes, several murders, numerous attempts to murder, torture, war crimes….but they’re just ignoring me in that regard!

              • It’s as if we could create ‘trauma olympics’ with a different number of stars for the different levels and degrees of victimisation…

                However, what counts even more, is the ability to pick oneself up and keep going, against all the odds, methinks!…

                • Jake Maverick says:

                  yep…but next to impossible to do anything when u have had your papers taken, can’t even get a bank account….so no home or anything else. you can’t do much ‘fighting’ when u can’t even cover the basics…. 😦 i have given up….glad you’re all still going! 😉 good luck to you.

    • GFQ says:

      I am having a field day with the Criminal Cases Reveiw Commission at present. They are covering up for the courts failure to convict someone using a finding of the Magistrates. The Court got the person in court but could not make a finding on the charges served. So they used another offence not identified by statute to obtain guilt but then stated that the conviction was for the charge he was served by in the summons. If you examine the CCRC report, the case worker never uses legislation to argue the case. They make un written statements to embellish their reasons for taking no action. You can only challenge these by judicial review. JR is ok under the statutes, but HMCTS ignores CPR 54 and superior court act in order to refuse permission, they then use a judge stamp which makes the decision judicial despite a judge not having seen anything. As you can read defect in process is void, but HMCTS refuses to accept this because you only need to write to them to set it aside. Because they make you pay for an appeal, which it is not, they refuse an application notice despite the aurhorities. All the evidence shows that all related public bodies and executive agencies cannot possibly be independent. All their correspondence shows partiality to all CROWN dependency. Void process is ignored by HMCTS because solicitors rely on this to make money for the courts and themselves based on the concept of invalidity. I am not implying any kind of corruption in tbis concept.
      The only defence the citizen has is to show to them that defect in law will not make a judicial decisions valid.

      • Yes, yes, mind the gap between The Law and its Enforcement!

        And whatever other gaps there are: e.g. between “innocent until proven guilty” while being treated as a “criminal suspect”.

        Public Deception institutionalised with an impressive level of perfection!

    • sil says:

      A judges discretion, like any judicial decision has to conform to natural justice otherwise it is void. Ridge v Baldwin 1963 page 10. So the judge cannot lawfully refuse permission to appeal ‘just like that finding some excuse or other’ i.e., arbitrarily.

      • Too many judges and lawyers are too corrupt to follow the Rule of Law, I’m afraid. Either sex or money or both seem to be too tempting for human ethics and morals…

        See http://www.newburytoday.co.uk/news/home/22436/gossip-on-facebook-derails-sex-trial-verdict.html

        • sil says:

          True, but we have to have to represent the Rule of Law first in order to be able to accuse them of corruption. It is the counsel of despair to represent that judges have discretion so there is nothing we can do. It is also the counsel of despair just to say judges are corrupt. That is focusing on the problem instead of the solution. Is it the intention of this blog to get victims to unite in despair and give up or unite to find courage and persist?.

        • When considering matters of law I find The Judge Over your Shoulder (JOYS) and another source is https://legal-dictionary.thefreedictionary.com/Abuse+of+Discretion The trouble with the common law is that it is too easily misinterpreted and sometimes overruled – One of the Main rules of administrative law is that “Decision Makers Must Know The Law That Governs Their Decisions” Then the proviso that “No Judge or Person can be expected to know all the Law – AND Ignorance of the Law Excuses No man( or woman) – It is that we must when faced with the law – Start at the very beginning of the issue record all detail – good and bad, then scrutinise the relevant Laws Practice Directions and cite precedents then get help from all sources – be your own devils advocate put your whole case but keep it at brief and simple as possible and backup with the detail that will support your case. This is only my opinion I am not Qualified in any respect in Law I just learn what I believe fits in my logic and my experience. The Truth is the Highest Authority But it does not always
          get the support it deserves

  6. Renata Ostertag says:

    In what case in the 21st century (1921 is almost 100 years ago) has this been used please?

    ________________________________

    • John Love says:

      http://marquitta.com/

      The judge KNEW he was filing a VOID order in 1995, and once it was done he convinced EIGHT other judges to cover up his misconduct with yet additional VOID orders. Even the SEVEN Justices of the Georgia Supreme Court made the choice to participate in the cover up. This is a CRIME of the COURTS…..and a violation of 18 U.S.C.§§1961-68…..the Racketeer Influenced and Corrupt Organizations Act!

      It is my opinion (in the US or UK) that once a void judgement is made through fraud error or mistake, and the order is followed that results in further void orders (as these orders or judgements follow on from the unlawful or void act). the courts will continue to ignore that the first void order was void. This is because it would immediately expose a casual attitude that fails to consider all the relevant evidence.

      the following text from; http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/151-when-court-orders-are-void includes dates; [1978] (Lord Diplock in Isaacs v Robertson (1984) 43 W.I.R. PC at 128-130). (Wandsworth London Borough Council v. Winder [1985] In Bellinger v Bellinger [2003] UKHL 21 the House of Lords confirmed that a void act is void from the outset and no Court – not even the House of Lords (now the Supreme Court) – has jurisdiction to give legal effect to a void act no matter how unreasonable that may seem, because doing so would mean reforming the law which no Court has power to do because such power rests only with Parliament. The duty of the Court is to interpret and apply the law not reform or create it. In R v. Clarke and McDaid [2008] UKHL8 the House of Lords confirmed that there is no valid trial if the bill/Indictment has not been signed by an appropriate officer of the Court because Parliament intended that the Indictment be signed by a proper officer of the Court.

      • Ismail Abdulhai Bhamjee says:

        I, Ismail Abdulhai Bhamjee refer to John Love and say as follows that:-

        1. The Coroners and Justice Act 2009 did make some amendments to the 1933 Act, where some words had been repealed, which does override and superseded the Decision given in the House of Lords R V Clarke and McDaid [2008] U K H L 8

        2. There is a Legal Right to Apply for a Volunteer Bill of Indictment in the Court of Appeal Criminal Division whilst under the Senior Courts Act 1981 Schedule 7, There are many Statutory Acts which have been repealed.

        3. There are Criminal Procedure Rules, whilst there is some confusion with the 2016 Statutory Instrument which does make some changes to Part 10, where Permission of the High Court is required as when making an Application for Permission of the High Court judge, a Copy has to be served on the Respondent/Accused Person.

        4. The Town and Country Planning Act 1971, The Whole Act had been repealed, whilst there was Section 32 of the TCPA 1971, as This has been continued under Section 73 A of the T C P A 1990 (as inserted by the Planning and Compensation Act 1991}

        5. There is Section 11 (a) (b) of the Human Rights Act 1998, as some of the Judgments given in the United Kingdom doesn’t mention of Section 11 (a) (b) of the Human Rights Act 1998, as the DPP for the Crown Prosecution Services does some times mislead the House of Lords and the Supreme Court of the United Kingdom

        Yours Faithfully

        Ismail Abdulhai Bhamjee.

  7. A void order should be set aside by the court who made that order. However , practice is not theory. If a court knowingly issued a void order, then I imagine it will be more than reluctant to set that order aside. The secondary problem ,of course, is the beneficiary of the void order may well wish to enforce it ! If anyone feels they have a void order then I am happy to give them free advice. I am a McKenzie friend and can be contacted on info@thepeterboroughfriend.co.uk.

    • Graham says:

      Can you ring me on 01454 418993 Bristol

      • GFQ says:

        I thought you would give me advice on void orders. I gave you my number to call me on.
        However, all the authourities I state to the Court are intentionally ignored because they wont let you to give evidence at an evidential hearing. Its all done by email by the clerk to the magistrates. So any thing can be fabricated to prevent your access to the court to hear your ex debito justitiae application. They also try to charge you fees on top so that you pay to set aside a service which they provided which was void. The court system is a huge businesses for your lawless legal system.

        • I’m sorry, I am a computer scientist with a rational and logical mind. I do not have enough legal knowledge.

          I can only hope that someone else will respond. Soo sorry.

          In my view, the whole establishment of paid professionals is soo corrupt that it is only our own individual ethical and moral duty to stand up as best as we can – besides ONLINE EXPOSURE as a new ‘digital weapon’…

          • GFQ says:

            No sorry thats ok, I thought I was requesting the McKenzie friend to reply. Maybe he is not on here now. But it is very sad that the very laws our democracy makes are so independently abused by the Gestapo Judiciary. What is such a pi….s take is that we have a judicial complaints office. They do not identify fraud or perjury of judges as misconduct. You have to go to the police. They refuse to record it as an allegation and rely on the ipcc to conceal the allegations by making you appeal against the decision of the police to refuse to record your compliant of perverting the course of justice by the prosecutor and the judge or magistrates.

        • sil says:

          This is a reply to GFQ:-

          It would be foolish for anyone to give advice without insurance because as I understand it you can be sued for giving the wrong advice even if you are not paid for it. So I only make suggestions.

          Your bit above appears not to be about void orders but not allowing you to give evidence..I don’t have experience of the criminal court so its difficult for me to comment. I don’t understand why you cannot give evidence in writing in a bundle with an index defining the evidence. Also, authorities in the civil court are called authorities NOT evidence.

          I thought the Mackensie friend guy wanted you to ring him, not him ring you. After all he is the one doing the favour so you should go to the inconvenience and cost of calling him.

          Thank you for your posts. I appreciate your insight.and admire your persistence.

          If you can’t get anywhere with the Mackenzie friend then I’ll see what I can do.

          If you pose a question here on void orders I will do my best to answer it.

          All the best.

    • Graham FQ says:

      It does not make any difference if the void order is verified by exhibits and the Court conducted fraud to achieve that, then all the Court needs to do is ignore you, you wont get the police to do anything. Your dealing with nutters. These Court lawyers are members and protected by the Solicitors Regulations Authority. Remember a court judgement is law until challenged collaterally but it can only be challenged if the Court had noting to do with the abuse or invalidity of the process. If the court conducted mal administration, then they will ignored you because they do not have to follow procedures. Courts are not accountable for ultra vires or fraud. If you insist they will make an order against you as a vexatious litigant and then they can use that judgment to ignore anything even though the lawful authorities state that you are entitled to issue a notice to set decisions aside, Your country does not have courts HMCTS is not a lawful Institution of adjudication. They think you are all stupid and the Solicitors Regulation Authority are right behind all this corruption.

  8. Pingback: Dear 2016 Presidential Candidate, What’s causing the DCF deaths and the separation of our families? | Children's Rights

  9. Graham Q says:

    What are we going to do if we cannot stop treason in UK courts.

  10. Graham FQ says:

    You are all wasting your time. Until you get Parliament to enforce the law HMCTS and Judiciary are going to continue falsifying Court papers in order to invalidate judicial review or similar application notices thus making decisions in favour of public authority. You are currently a laughing stock because the UK now has the worst legal system in the world. I have many judgments from the High Court verifying Treasonous conduct of Judges. Its done through all the Commissions set up in the UK to protect the establishment. Even the Solicitors Regulation Authority, Legal Ombudsman, Parliamentary Ombudsman, Human Rights Commission are all in it together to deny your rights and in so doing they reward lawyers because all lawyers have to c comply wih SRA protocol and that means accepting the Treason in our Courts – otherwise they are struck off.

  11. Anonymous says:

    ‘Even the Solicitors Regulation Authority, Legal Ombudsman, Parliamentary Ombudsman, Human Rights Commission are all in it together to deny your rights’
    This reflects my experience. Also applies to the Bar Standards Board, Judicial Complaints Office and JACO Judicial Appointments Complaints Ombudsman and the Insolvency Service Complaints Procedures .

  12. GFQ says:

    Yes its all correct. The complaint procedures are bssed on secrecy. They do it all on the papers. There is no hearing. This prevents cross examination and thus they can make a decision to which you can only appeal. Ha ha ha….Appeal …just try!!!! Government departments all committ treason because they abuse the fair process of government legislation. Their rules are self written, if you can find them.

  13. Anonymous says:

    I forgot the Bar Pro Bono.

    I find your post very useful and encouraging, because it is more evidence of a general corruption in the Civil Justice System. The more evidence presented,, the more likely they are to change. I don’t know about the Criminal Justice System yet.

    There are advantages to no hearings, it seems to me.. I’m not a trained professional advocate and while I am articulate I find getting a fair hearing difficult, or impossible.. But I can write and specify. I still get unfair hearings by the papers but the audit trail is better and so it is easier to challenge. For example, it is easy to see the contrary to Natural Justice, failure to give adequate reasons, by the papers on appeal, which means that is void, Ridge v Baldwin [1963] UKHL Page 10.

    And while I am here, so then is the oral hearing, because even though it is substantively not dependent on the hearing by the papers, because it is a rehearing, it is procedurally dependent.and hence procedually void. IMHO.

    The readers should be aware that it is the policy of the court of appeal to only give outline reasons by the papers. I have that in writing from a court of appeal judgment refusing permission to appeal at an oral hearing. Outline reasons are generally inadequate reasons. .So their decisions are generally void. Common law Natural Justice (duty to give adequate reasons) is part of our Constitution, IMHO. Continually breaching Natural Justice is undermining the Constitution, which is destroying it, IMHO. ‘Compassing’ ‘to destroy the constitution of the country’ is contrary to the Treason Act 1351. See Halsbury 4th Edition page 321 para 363.

    A complaints procedure decision is an administrative decision. So if by a public body, is subject to judicial review, as well. Although I’ve got nowhere with that as well.

    Also, with a void decision, I think, like you can with a court, apply to set it aside, Ex Debito Justitiae, in the same court that made the order, you could apply to set aside the complaints procedure decision, without appealing. It may not say that in the Complaints Procedure but it will probably say it is supposed to be fair. It is not ‘fair’ to unfairly lose initial hearing rights by the papers. You can then play set asides until they get it right. Although, they may never get it right..So that can be a waste of time I’ve never tried it.

    However, in the case of the Insolvency Service they went to court in the middle of the Complaints Procedure, when that is really a form of Alternative Dispute Resolution, it seems to me . This was contrary to the (Civil) Practice Direction Pre-Action Conduct Protocols (trying to settle applies through out proceedings). So that was a waste of time.as well.

    . .

    • They do because they can… I.e. they know their immunity from prosecution puts them beyond the Law…

      • GFQ says:

        The exeption could be under s106and 107 MCA 1980. These are supposed to be offences. I am just seeing if the police wish to investigate these I have submitted.

    • GFQ says:

      Insolvency Service do not comply with DPA. They never tell you where they send your data. They charge you fees fir them to closed down your banks. Once the annulment occurs they never update the Bankruptcy information with those agencies they send your data. So the Bankruptcy can stay on file for years because this service has not done its job properly. Of course if you complain, they use their corrupt complaints procedure to prevent compensation being paid or refunding you for a pooor sevice. I have just been dealing with the chief executive and a Mr Furniss in Bristol. They all agree to fabricate their argument and deny the giving of evidence as part of their procedure to deny your rights

      • Amazing that they AGREE to fabricate their argument. I guess they know they are all IMMUNE TO PROSECUTION, unless you dare a Private Prosecution. But which judge would find a ‘colleague’ or ‘brethren’ guilty???

      • sil says:

        I too have been dealing with the Chief Executive of the Ombudsman’s Service and have now escalated it to the Secretary of State for the Department of Business Energy and Industrial Strategy.but they have tried to push it back down to the Insolvency Service and have ignored subsequent emails alleging unfairness (Contrary to Natural Justice) and Fraud by the Insolvency Service. If you find you need to do the same it would be to or mutual advantage and we should get in contact directly.

        BTW they. the Insolvency Service, are appointing trustees by on behalf of the Secretary of State, when according to the act,the Insolvency Service is supposed to apply to the Secretary of State. So that appears contrary to the act and so contra. Natural Justice, Ultra Vires. Void. Ridge v Baldwin (1963) UKHL page 10:-

        ‘Then there was considerable argument whether in the result the Watch Committee’s decision is void or merely voidable. Time and again in the cases I have cited it has been stated that a decision given without regard to the principles of natural justice is void, and that was expressly decided in Wood v. Woad. I see no reason to doubt these
        authorities. The body with the power to decide cannot lawfully proceed to make a decision until it has afforded to the person affected a proper opportunity to state his case’.

  14. Pingback: @MoJGovUK When Court Orders are Void. What ‘fundamental defects’ do we find? | Standing up for Rights

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s