Here is a trick I have learned over the years that REALLY spoils the Maggot’s day … in CT matters.
Under normal circumstances, in any normal court, you would use a form N244 to ‘file an application’, however when you try and do this in a CT case, the clerks office gets all bent out of shape .. and tells you that you have to “apply to council”.
Thereafter a stiff email to the court TELLING them that “the COUNCIL have no lawful authority to consider an application to the court” … and a demand to know “If the CT hearing is actually being held IN a court” [Back to the question “Is it a court?”! – Veronica] … generally results in some rapid backtracking by the clerk’s office … who will then generally email back and tell you they have ‘considered the matter “administratively”‘ and granted the application will be heard in court.
And this is where it gets good …
On the N244 form (which I always send regardless of whether they will use it or not) has a question on it that goes like this …
“What level of Judge do you require?”
I always put
“District Judge, Recorder or Higher”
What this then means is that THEY LAWFULLY have to provide you with THAT level of Judge. If they do not then they have committed the FATAL offence of denying you the right to Justice (drum roll perleese while I roll out the ECHRA so you can read it dear members of the bench!) followed by a swift statement: “Then this hearing is in direct breach of the ECHRA which the UK has ratified and I demand now that this matter be suspended whilst I deal with this more serious matter”
Normally they panic and ‘out of nowhere’ a Circuit Judge of the correct level will be found …
However I never take these things at face value and I ALWAYS ask ..
“Sir, for the record, who and what might you be today” (its a VERY loaded question).
If he is a ‘proper’ judge, then he will generally give at the very least his or her name, I then press for his position (QC, Recorder, etc).
At this point I initiate a short recess of 5 minutes so that I may step outside and verify that they are listed on the rolls so that I may know they are a true and impartial judge. Again they cannot deny you this right! I don’t ask them for a recess I simply state its going to happen and for the most part higher level judges are generally OK with you checking them out.
Now, once you are in front of a ‘DJ’, ‘Recorder’ or even a ‘QC’ if you’re lucky you’ve removed the ‘maggots’ from the picture .. and the Council’s bill for the day has now gone up consideradbly … because of who is sitting (and they have to pay his lunch bill). Furthermore I have found that these judges tend to be way fairer and way more appraised of the law (not the bollox) and in most cases where I have presented an argument I find them receptive to hearing it and I think I know why …
In the normal course of their days, these higher judges sit in the Crown Courts of the country hearing the most menial and shite cases all day long … with people in the dock that know nothing of what we know and I fear its a drudgery to some of them. Then we walk in with a an eye to the common law and a solid argument and they think “At last … some excitement, here’s someone who can put an argument that I can give my careful consideration to”. And that, my friends, is what higher judges love to do – they love to deliberate the law. [I guess it makes them feel important? – Veronica]
I have had some great responses from higher judges, in my battles with the Councils … such as …
District Judge Workman, Redhill Law Courts – I put in an application for set aside of a liability order fully prepared and expecting the Council to fight me, I was gutted when they did not .. but in the very same breath they asked the judge to hear an application for the liability order to be re-opened again immediately. At which point I stood up and aired my objection on the basis that due process required that the Council give me the courtesy of 14 days notice … as I did to them in order that I might have time to defend or rebut that application. DJ Workman adds this whilst peering over his glasses at the Council Solicitor: “Yes, thank you Ray, I am minded to agree with Ray here and find your application unfounded and ill-prepared and one might even argue vexatious to Ray, your application is denied!”
In Staines court before Recorder Greaves, I put it to the Judge that the Council have not conformed with the Procedures on Disclosure by delivering their bundle to me at 2pm the day prior to the hearing. I made an application before the judge for a 6 week adjournment. The Council had a barrister there and he argued that those rules did not apply for some reason I can’t remember .. and that I was being vexatious towards his client by not paying the Council Tax. Recorder Greaves responded: “Well Mr. Jerome, what you have to remember is that from time to time in this country, people like him (waves a hand in my direction) will stand up and challenge the tax rules and challenge them hard, and I can only think that that’s a good thing!”. Jerome’s face was a picture!! Gutted doesn’t even come close – case adjourned with management!
In Redhill Justice Centre (whatever that is) before Judge Stephens, We put the case forward that the Council has no lawful authority to carry out court functions. Jerome (again) stood up, clearly flustered that we had a copy of Wades on the table that we had just cited Case Authorties from … and broke out in a sweat (visibly) … and spent the next 40 mins trying convince the Judge that the law of agency applied. After he was done, Stephens leant back in his chair and said: “Hmmm, yes Mr. Jerome, I’ve listened carefully to your submission however I am here to tell you that it will be a cold day in hell before anyone this side of the bench will buy that argument!”. Laugh I … nearly died laughing!
So, use the application process against them to get past the maggots and have fun! I always viewed going to court as a days sport!