@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!

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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
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96 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.

    • GFQ says:

      Void process is not recognised by HMCTS. Also they ignore the relevant cases like Lord Denning et al. HMCTS proceed by using time scales to prevent appeals against void or invalid judgements. Usually void process arises from failure to comply with statute. Most decisions are founded on adversary law from which much of our invalidity comes from. The Crown except the judiciary is liable under proceedings of tort including HMCTS is the magistrates . The judiciary is a privileged group not actually free masons but similar. The latest constitutional reform act, and Crown Proceedings act allow the judiciary to ignore the rule of law and or a criminal act provided that this is done under a judicial process. That is the judge can falsify the papers or commit perjury provided that the process was judicial. This gives them power to ignore Parliamentary law and is what is wrong with our criminal and civil justice system, if you can call it that.

      • sil says:

        ‘The latest constitutional reform act, and Crown Proceedings act allow the judiciary to ignore the rule of law and or a criminal act provided that this is done under a judicial process’
        Where does it say that? No-one is above the law, including judges

        .’That is the judge can falsify the papers or commit perjury provided that the process was judicial.

        Not lawfully.
        This gives them power to ignore Parliamentary law and is what is wrong with our criminal and civil justice system, if you can call it that.’

        No. Judges are constrained by the Principles of the Separation of the Powers.
        Stop being a victim by falsely misrepresenting the law. .

        • GFQ says:

          You are misconceived, I only go on the facts. Not only that the judiciary permit the public body under challenge to manage the case for the judge to make their own favoured decision and get the judge to sign it. This is done in JR & always happens when they refuse a hearing. We have enacted legislation but the judiciary never use it. Many judicial decisions are made outside jurisdiction.

  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 )

    .

    • GFQ says:

      I keep telling everyone, HMCTS ignore invalidity, if the process was void, the judgement is still valid and you cannot overturn it. Try it they will charge a fee and then come back saying that its all been considered and you are out of time. I have so much evidence showing that HMCTS help prosecutors and the Crown to succeed with their cases. We have the law but HMCTS has too much discretion to ignore it.

      • sil says:

        “I keep telling everyone, HMCTS ignore invalidity, if the process was void, the judgement is still valid and you cannot overturn it. Try it they will charge a fee and then come back saying that its all been considered and you are out of time. I have so much evidence showing that HMCTS help prosecutors and the Crown to succeed with their cases. We have the law but HMCTS has too much discretion to ignore it.”

        I don’t know how to do the quotes. Anyone help?

        HMCTS has NO discretion with void order. You apply to set hem aside EX Debito Justitiae by RIGHT.

        HMCTS are acting UNLAWFULLY based on what you are saying.

        Instead of moaning.about it and making false representations of the law, what about getting together and doing something about it WITHOUT false representations of the law? It is supposed to be victims united, not dispairers divided.

        • GFQ says:

          I respect my last submission to whomsoever it may concern. As I state only the facts. Recall that any abuse of the process or failure to comply with statute renders any judgement void. Legally you cannot appeal nullity of judgement. Appeals are based on an existance of procedural correctness, there could be errors of fact or of law however, which give rise to a further appellate challenge.

          But were the statute has been abused or misled the parties, that cannot be respected by appeals. Any failure to comply with statute renders the judicial decision outside the courts jurisdiction. But who decides that. Inevitably if the courts are co conspirators of the failure, they are not going to be willing to set aside their own decisions. I believe that this lack of independence is were the law needs to be clarified. However, the British legal system is suffering a vortex of indiscretion these days.

          The authorities say that the court of origin should address this. HMCTS does not recognise void orders. It refuses to identify or interpret ex debito justitiae. They refuse to accept this as legal process. In my opinion it has to be dealt with under a complaints protocol. But the latter is again controlled by HMCTS using CMPs. So for the time being the citizen must lesrn to accept that many convitions are going to be made ultra vires.

          • I cannot allow myself to accept that a Void Order that is in fact Void will not be put aside to avoid the serious injustice and undermining of confidence in the administration of justice.

            The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. But the fact that the Court of the first instance erred in law and successive judges making decisions on the binding rule of stare decisis on an Order that was Void in the first place cannot make the Order lawful.

            Part one of the rules (CPR Part 1) sets out the overriding objective. If you are in court you will rarely cite the overriding objective. That is because applying the overriding objective is so obvious it goes without saying. Except when the overriding objective of enabling the court to deal with cases justly and at proportionate cost is ultra vires. Then the Order or proceedings would result in serious injustice giving cause for appeal to the Supreme Court or the European Court https://fullfact.org/europe/eu-and-human-rights/

            GFQ:Re your opinion;- “Remember solicitrs will not use void order proceedings because that isnt part of their duty as officers of tge court.” You should note; “All Solicitors must uphold the rule of law and the proper administration of justice. (We know that not all Solicitors do always uphold the rule of law and the proper administration of justice) does not remove their independence and lawful duty to uphold the rule of law.” – It’s my opinion that for those solicitors that take the poison chalice and represent “LIPS” believe either rightly or wrongly that they may upset judges by doing so, and this may affect their career. So few if any will take the risk.

            We are agreed the system needs changing and it needs to be open and accountable — I would be best served by judges being non- lawyers but advised by their own law professionals who are kept distant from the Court and only used for legal advice, and should be appointed annually, for a term of one year.

            • sil says:

              ‘respect my last submission to whomsoever it may concern. As I state only the facts. Recall that any abuse of the process or failure to comply with statute renders any judgement void. Legally you cannot appeal nullity of judgement. Appeals are based on an existance of procedural correctness, there could be errors of fact.

              Another false representation. Are you working for the other side? .

              You can appeal under CPR 52.11 because of a serious procedural or other irregularity in he proceedings of the lower court..

              But you don’t want to appeal, because you lose the initial hearing right that you should have had in the lower court, where you got the void order, and so haven’t hadt he initial hearing in the lower court..

              • In response to Sil@MoJGovUK When Court Orders are Void. What ‘fundamental defects’ do we find?.

                Thank you for your opinion,

                The point about losing rights does not apply, as void Orders make the whole proceedings a nullity. Any decision after making an application must be lawful or it can be appealed. If the Court ignore the Appeal to act lawfully must give reasons, which are also subject to appeal.

                First I repeat I am not a Lawyer, and use information freely available on the internet and I understand the risks and do my very best to verify facts, before applying reasoning and logic and expressing my opinion. I appreciate challenges that cause me to reconsider the facts. – The Courts duty to protect its systems from abuse, and as you so correctly point out. “You can appeal under CPR 52.11 because of a serious procedural or other irregularity in he proceedings of the lower court.”

                I should make clear that this Appeal to the Court of Appeal is a means of getting a Judge to finaly decide the matter according to the requirements of the law. It is not an appeal against the nullity, or procedural errors or errors of fact. It is an application that the Court put aside the Orders they made that under law are already ultra vires and Void. This would need the Court of appeal to act in such a way as to rectify the error of their own making according to law. As the first Order was void all proceedings that followed on were void.

                Extracted from JOYS (The Judge Over Your Shoulder)
                All public bodies should aim to practise “good administration”: aiming to perform their public duties speedily, efficiently and fairly. Administrative law has developed a series of tests for measuring the lawfulness of an exercise of public law powers:
                Legality with the legal power …If it does not, it will be acting ultra vires, illegally
                Compatibility with the Convention rights and EC law
                ..
                The High Court has, and should have, jurisdiction to control the proceedings of inferior courts and tribunals by way of judicial review. When they go wrong in law, the High Court should have power to put them right. .

                The way to get things right is to hold thus: no court or tribunal has any jurisdiction to make an error of law on which the decision of the case depends.
                If it makes such an error, it goes outside its jurisdiction and certiorari will lie to correct it .
                I am of opinion that certiorari lies to quash the determination of the judge, even though it was made by statute ‘final and conclusive.

                Because the Order is void, the proceedings are also void and there is in fact no proceedings to appeal against. The Appeal Judge is faced with a case where a lawful decision must be made. Provided that the decision was rationally open to a reasonable decision maker in possession of all the facts in the case, if challenged, the Courts should uphold it as lawful. In particular, the Courts are more likely to hold that a decision is unreasonable in a case involving fundamental or human rights

                Appealing under CPR.52.11 may be the normal way, but in this case there is no “procedures’ as the case is ultra vires. All the cause and effect are for the Appeal Court to resolve

                • GFQ says:

                  It would be interesting to see what CPR 52 is supposed to do. Please quote it and not say it.. HMCTS make money out of void service. They make written statements and never give the legislation which supports their decision. Court fees and costs to lawyers are based on invalidity. This is why you must respect the bench or single judge. Making rules and authorities removes their discretion. Always respect your legal system as is is derived from honesty and integrity, this is why they call themselves a “legal profession”.

                  • This new rule is intended to reduce the workload by having the majority of appeals decided on paper. The whole of CPR is Governed by the Overriding Objective, and this principle must govern all other rules including judicial discretion.

                    Personal rights are guarded by English and EU law. The JOYS provides guidance on good administration which is a legal obligation, states the rules on Reasons for decisions, and the fact that; a) we have an appeals system and that the Court of Appeal and Supreme Court makes decisions and on occasion correct errors in civil law of the High Court and County Court. And b) these courts either uphold or dismiss appeals, is proof that Court judges or the bench make errors and if a legitimate ground exists and is put in a way that is appeal proof it should be upheld or Appealed..

                    The rules exist to be interpreted according to law and thereby by discretion and the Court of Appeal must on the whole comply with its own previous judgements and strictly apply to the Higher Court decisions made by the Lords. Discretion is always shackled by rules;,,, chiefly Stare Decisis which precluded me from appealing the first county court decision through more than 16 hearings until it became a serious Human Right issue where the evidence can prove the abuse-of-process and fraud.

                    The case I am making is easily proved when focusing on all the relevant facts; it is disappointing that the Regulators and Police failed in their duty to conduct fair and thorough investigations. The Law Society Adjudicator inadequate investigation still found against the solicitor Conduct and Inadequate Professional Service including “they issued a summons for their costs when they had already taken the money.” – But failed to realise this amounted to abuse-of-process. The Police recorded; “Perverting the Course of Justice” (Attempted) but again did not investigate. NCRS & HOCR require that an incident will not be recorded as a crime unless the police using their knowledge of the law decide on the balance of probability a crime has been committed. CPR 52

                    • GFQ says:

                      CPR is constructed using parts. Do you mean part 52. Is it the criminal procedure rules or the civil procedure rules. Please paste over to me what it states. I cant submit my email but would be happy to discuss it with you in the open if you wish. Just a note, do you all remember this so called Parliamentary Select Committee on miscarriages of justice. I chased the various mps on this and they just ignore you. Another contrick and more propaganda. You know about all the disclosure failures by the courts abd CPS on the tv and radio. My remedy is do not vote for politicians or councillor.

                  • sil says:

                    Have you seen the size of it?.
                    Why don’t you look it up.
                    I have quotes the relevant bit because my paper copy has been superceeded by a different CPR number but the words are the same.
                    Interesting what you say about them making money out of void service.
                    But all this appeals is generally irrelevant to void orders because you should be applying to set aside in the court that made the order instead.

                    • GFQ says:

                      Its all rubbish. Its up to the judge to decide this. He can say anything if its all done on the papers. The judge never gives reasons using legal principle. Unless you get HMCTS to comply with Parliamentary legislation the judiciary will independently support the Crown.

                      You will not get a hearing. They all laugh at you. They will take their court fees and then abuse your rights. You get better legal administration in Bengasi. Britain is cherrished with the most corrupt legal system in Europe, maybe the world. So be subservient and respectful to your judicial superiority, after all they are appointed by Her Majesty.

                    • In making my comments in reply to other comments on this or any other web blog or communication I am expressing my own opinion based on what I have learned and considered to be true; Others may agree or disagree with my opinion. If I have erred in a comment, it is right and quite acceptable for me to accept fair criticism, and fair criticism would allow me to consider the matter and if it is appropriate to correct it. —- This is just what we who assert that an Order and or Proceedings are Null and Void, because they have not ‘Played by the Rules’, and should be voided and no affect, expect and want if justice is to be served.

                      If the Order is Null and Void it is null and void whether or not the Court agree to put it aside, and if it is not put aside ‘Ex Debito Justitiae’ the Court will be acting ultra vires. – (maladministration.) The act of turning a blind eye, or depending upon stare decisis on applying rules where there is No Rules as the proceedings or Order being considered is non-existent under law.

                      In MacFoy v United Africa Co Ltd. [1961] Lord Denning confirmed that: “(i) a void order is automatically void without more ado; (ii) a void order does not have to be set aside by a Court to render it void – said: ‘ If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so.”

                      All too often it is necessary for the court to declare it so, as proven by the successfully appealed cases. The lower courts stand by the Stare Decisis rule that allows the abuse-of-process to continue until it reaches the Court of Appeal. During this process all too many victims fall into the trap of being unable to proceed due to domestic, financial resources, or health reasons to make and present legitimate appeals for the court to declare the acts void.

                      I believe that the Senior Courts must put forward a means to protect its system from abuse at any stage to strike out claims for abuse of process. The exception proves the rule – and where an abuse-of-process has escaped through the failure to appeal within the time limit, it is encouraged through the Stare Decisis Principle to continue the abuse-of-process, making a bad decision worse.

                      However; My opinion is that to express opinions is the right thing to do unless they have improper motives for expressing those opinions. To disagree is proper if it is not deliberately abusive, personally insulting, and or unnecessary. There are people who suffer from Legal Abuse Syndrome, caused by real or unreal injustice, caused by the authority. LEGAL ABUSE SYNDROME (LAS) is a form of post traumatic stress disorder (PTSD). It is a psychic injury, not a mental illness. In many cases the legal abuse is started by fraudsters and having misled the Court use its process for unlawful purpose; Hence, Abuse-of-process. I believe Rightly or Wrongly that Judges should be accountable for cases of legal abuse. If they have taken all reasonable precautions to prevent it, in the first place, and if they are prepared to reconsider the matter after the time limit for appeals has past this gives them a second chance to reconsider the matter. This will in some cases save proceedings being wasted over further abuse of process, and decide matters before the situation has gone severely wrong.

                • sil says:

                  ‘The point about losing rights does not apply, as void Orders make the whole proceedings a nullity;
                  No and Yes. Losing rights does apply if you appeal a void order. As you rightly say, the decision in the lower court is void and makes that decision a nullity. So in effect you never had the lower court decision. If you apply to set it aside, and it is allowed, you go back to where you started.. However, if instead you appeal, you have lost the hearing right you had in the lower court. .

                  • GFQ says:

                    This is all nonsense, British Courts do not recognize void process. There is no law. It’s all discretion. By having no law and invalid process is how HMCTS makes money. The ‘S’ from HMCTS means a service they are running.

                  • The replies and comments I make are my opinion and I am not a Lawyer and only express my opinion from my research on this subject. – The flaws in appeals are a failure to make the application appeal proof. To do this I believe in focusing on the problem not who to blame. Using Facts and referring to statute and precedent, with the aim of getting a fair decision.

                    If an Order is void and can be ignored as per common law and common sense, then there is no problem. As the defence is that the Order is void. (if indeed it is) The problem comes from the obeying that Order and by that you concede that the procedure defects were irrelevant.

                    If you were deceived by the abuse of process then it may be that there was false statement that caused you and or the judge to be misled, then that would persuade me to deduce that the abuse of process also included fraud, that misled yourself and the court.
                    FRAUD
                    The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v Gracefield Developments Ltd and others [2017] EWCA Civ 147. The principles governing applications to set aside judgments for fraud (as summarised by the Court of Appeal in Royal Bank of Scotland plc v Highland Financial Partners LP [2013] EWCA Civ 328):
                    There has to be a “conscious and deliberate dishonesty” which is relevant to the judgement sought to be impugned
                    The relevant dishonest evidence, action, statement or concealment must be “material”, in that the fresh evidence would have entirely changed the way in which the first court came to its decision
                    The materiality of the new evidence is to be assessed by reference to its impact on the evidence supporting the original decision, not by reference to its impact on what decision might be made if the claim were to be retried on honest evidence.

                • sil says:

                  ‘First I repeat I am not a Lawyer, and use information freely available on the internet and I understand the risks and do my very best to verify facts, before applying reasoning and logic and expressing my opinion. I appreciate challenges that cause me to reconsider the facts. –’

                  I’m not a lawyer either, nor omniscient nor infallible.

                  The Courts duty to protect its systems from abuse, and as you so correctly point out. “You can appeal under CPR 52.11 because of a serious procedural or other irregularity in he proceedings of the lower court.”

                  ‘I should make clear that this Appeal to the Court of Appeal is a means of getting a Judge to finaly decide the matter according to the requirements of the law. It is not an appeal against the nullity, or procedural errors or errors of fact’

                  Yet another false representatino.
                  By what authority?
                  Where do you get these false ideas from?

                  If you appeal an order because it is void because it is contrary to Natural Justice it is an appeal according to the requirements of the law. natural justice is the law. It is he Common Law. It is called Common Law Natural Justice. Such as appeal can be a procedural error, such as failing to give adequate reasons, or a procedural error or disregarding a relevant consideration which is a fact.

                  You cannot have ‘errors of fact’. A fact is fact. You can have errors in finding of fact, e.g. disregarding relevant considerations that are fact.

                  ‘It is an application that the Court put aside the Orders they made that under law are already ultra vires and Void. This would need the Court of appeal to act in such a way as to rectify the error of their own making according to law.’
                  No. If you appeal, the error is of he lower court

                  ‘As the first Order was void all proceedings that followed on were void.’

                  But we haven’t got to following orders, we are discussing appealing an order.

                  • GFQ says:

                    Courts do not recognize void or invalid or prosecutorial abuse of process. They all are subject to appeal. You have to pay HMCTS to appeal either court abuse or prosecutorial abuse. What is CPR S52 11, as I do not think that there is any appeal program for fundamental process failures. Please state what S52 is supposed to do?

                • sil says:

                  ‘Extracted from JOYS (The Judge Over Your Shoulder)’
                  That may be your problem.
                  I do not find it very helpful.
                  They do not mention natural justice.
                  If an order is contrary to NJ it is void.

                  I find these better for determining breaches of NJ.

                  https://publications.parliament.uk/pa/cm200304/cmselect/cmtreasy/71/4060806.htm

                  http://researchbriefings.parliament.uk/ResearchBriefing/Summary/RP06-44

                  Note the HOC Library Research briefing is a guide to he Administrative court.

                  I understand administrative law to be the application of NJ to public administrators.

                  But NJ applies to private law to.

                  l

                  All public bodies should aim to practise “good administration”: aiming to perform their public duties speedily, efficiently and fairly. Administrative law has developed a series of tests for measuring the lawfulness of an exercise of public law powers:
                  Legality with the legal power …If it does not, it will be acting ultra vires, illegally
                  Compatibility with the Convention rights and EC law

                  • GFQ says:

                    Its all nonsense. Don’t believe anything the government gives out its propaganda. There is no NJ, there are no human rights, there is no data protection by authorities. This is why they are arrogant. Breaches of the law or morals is normal with British Authorities. We have the information commissioner. This Commission doesnt do anything. He will investigate your case but they will not enforce your rights against the public authority. HR Commission is the same, you cannot make a claim if you have had your rights abused by civil servants. Courts abuse DPA. For example I had a ruling from the ICO but he can’t do anything. All he does is tell the body that they may have abused the act. The Public Authority can just ignore the ICO. ICO s judgement can be thrown out by a court. Judicial review will not protect your rights under HR, if you make the application, they just say, your application is completely without merit. This helps the public body avoid paying compensation. British Government thinks the public are stupid, thats why they are not given human rights or data protection. Its all an illusion.

                • sil says:

                  ‘Appealing under CPR.52.11 may be the normal way, but in this case there is no “procedures’ as the case is ultra vires. All the cause and effect are for the Appeal Court to resolve’

                  There you go yet again another false representation.

                  I told you:-
                  You can appeal under CPR 52.11 because of a serious procedural or other irregularity in he proceedings of the lower court..
                  What about ‘OTHER IRREGULARITY’?
                  Ultra vires is another irrelegularity

                  Anyone can make a mistake, including me, but you continually make false representations. I see this as reckless carelessness, which equates to intention..

                  You are wasting my time with your carelessness and misleading readers of this blog.
                  Don’t expect any more from me.

            • sil says:

              ‘We are agreed the system needs changing and it needs to be open and accountable — I would be best served by judges being non- lawyers but advised by their own law professionals who are kept distant from the Court and only used for legal advice, and should be appointed annually, for a term of one year’

              Yes, that’s the direction to go..

              However, how are we to get justice in the meantime?.

              Change will only come from outside the civil justice system because it so corrupt.

              So what about uniting to do that?

              I already trying to do this via one of my own cases, to some extent, by escalating to the Secretary of State for BEIS, who manages the corrupt Insolvency Service.

              The Insolvency Service represents that court orders are valid, even if void, until contrary ones.This is despite knowing my logic that void order can never be valid and my giving them case law from the COA and HL to the contrary

  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

  15. esworth anderson says:

    Everyone seems to have something they will not or cannot revealed, we must do much better than this
    How does one identify a void court order/Document? It is easy talking about NULITY but how do I identify fake court documents ?

    • GFQ says:

      Yes its easy. Basically the process from which the decision was based has to be looked at. Void process is a consequence of failed statutory process or what you call fundamental defect. For example if you determine a case using the Theft Act 1968 but the arguable issues are more relevant to the Fraud act 2007. If you examine the ingredients of the charges for example say, and you ignore the AR and then try to prove the MR, that is a typical defect in process and the whole trial is a nullity or void. The court must establish the AR before satisfying the Mens Rear or MR.Some prosecutors use charges to get you into court and then abuse the process by obtaining guilt through a different but easier proceeding. The most obvious nullity is when a defendant is charged with an offence but the wrong person is on the summons. This is so rare and subtle nullity usually arises from the previous explanations. This process constitutes a crime by the court and prosecutor, those are the most difficult to appeal, but they are void notwithstanding.

    • sil says:

      The easiest way to show an judgment is void is to show it is contrary to Natural Justice and quote Ridge V Baldwin at about oage 10
      Ridge v Baldwin [1963] UKHL, Lord Reid Page 9 or 10:-
      ‘’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.’

      NJ includes acting Ultra Vires and using he wrong law via ‘Taking into account irrelevant considerations’, and ‘Disregarding relevant considerations.’ This is also called misdirection in law.

      And apply to set it aside Ex Debito Justitiae via Craig v Kanssen [1942] CA
      ‘A person who is affected by an order of the court which can properly be described as a nullity is entitled ex debito justitiae to have it set aside. Failure to serve process where service of process is required renders null and void an order made against the party who should have been served. The court can set aside such an order in its inherent jurisdiction and it is not necessary to appeal from it.’

      Assert the right using Magna Carta 1297 XXIX We will deny no man justice or right. Note 1297 is the one on the statute book NOT 1215.

      • GFQ says:

        IF you try that with the court, they just ignore you. They dont recognise natural justice. Thry ignore convention rights anyway. This also ignore litigants in person. Remember solicitrs will not use void order proceedings because that isnt part of their duty as officers of tge court.

  16. JM says:

    surprised this site still up…from what I hear Sabine is still in prison? 😦

  17. sil says:

    The CPR number has changed from 52.11 to :-

    Hearing of appeals

    52.21

    (1) Every appeal will be limited to a review of the decision of the lower court unless—

    (a) a practice direction makes different provision for a particular category of appeal; or

    (b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

    (2) Unless it orders otherwise, the appeal court will not receive—

    (a) oral evidence; or

    (b) evidence which was not before the lower court.

    (3) The appeal court will allow an appeal where the decision of the lower court was—

    (a) wrong; or

    (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

  18. JM says:

    i can’t even get access to the court system anymore…or even a bank account…for over 12 years now! can anybody help me? seriously at the pointof stabbing somebody just to get access…..they wd hve to give access then as you can’t prosecute a non citizen surely….?

    • GFQ says:

      What do you mean you can’t get access to the court. Have they blocked your email or is there a civil restraint order invoked.

      • JM says:

        no nothing like that. they just refuse point black to file the paperwork. ignore all attempts at communication. + i have no papers…and homeless for over 12 years now effetciely held prisoner by pedophiles as their slave. pigyobs involved. and these days you need a bank account and give that to the court in order to file….and u can’t get bank account without papers 😦 trapped in limbo land 12 years now 😦 no legal person can help because i have no papers…

        • GFQ says:

          Dear JM, very sorry to hear your statement. I dont understand why you cant get papers. You mean pass port. Is this not an imigration concern, Surely if I have things correct you can file for legal aid under that requirement. I am not used to dealing with problems of this extent but I wish you well. Regards GFQ

          • JM says:

            um, it’s always hard to know where to begin….I have a larger write up online but not been updated for a decade….but I’m a TI. On the subject of papers, trying to saty off govt DBs anyway for my own personal security….but it’s catch 44, like 22 but twice as bad…you can’t get a passport without a bank account now and agree for it to be linked to it….and you can’t get a bank account without a passport! Plenty of bank sites up that list the minimum requirements for getting a bank account…I have none! I’m also homeless…you might have read recent news article about a bricky dying int he snow…had offers of work…but nobody wd employ him because he had no home and you can’t get that without a job/ money bank account, it is ridiculous. Further to that when they tortured me they managed to open a bank account in my name (corrupt halifax bank manager apparently) and i suspect they have been claiming benefits fraudulently in my name ever since.

            I still get random acts of violence in the street and other things.

            Couple of years back i thought i had found a solution….very convincing fake id available online…nearly bought it, took me weeks to scavenge the money- wd be over £100…then they changed the requirments, it all has to link back to state controlled DBs now…. 😦 also begs the question what is the point of the sex offenders regsitrar when the state keeps records of where everybody lives/ license to live? they say we don’t have an ID card scheme/ national register but we do…..worst/ most impossible/ easiest corruptable of all of them.

            Had numerous other problems before….from voting to housing accomodation/ council lists…months of chasing to get the special forms….and then, despite being hand delivered or sent by regsitered post I promptly disappear off the DBs…..it has to be somebody high level to do that. Goes far beyond constructions workers being blacklisted for jobs….

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