Lack of Justice in Housing – Judges decisions

Lack of Justice in Housing – Judges decisions

10:44 AM, 14th February 2019, About 2 years ago 4

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Letter to Gareth Johnson Member of Parliament for Dartford:

Judges decisions

There are guidelines for when High Court Enforcement can be requested after sufficient reason has been shown to and convinced a judge, or at least there should be – I would very much like to know the answer to this and other questions raised in my letter.

It should not therefore be possible for a judge to just make it a personal choice, never to allow such a legal provision.

Another client of mine had an experience of a county court judge making a basic error in mistaking the validity of a commonly used form and wrongly dismissing a claim for possession (see www.PossessionFriend.uk/Perversedecisions) my client wrote to the Ministry of Justice to be informed that there was ‘ No complaints process against a judge ‘ save for an allegation against their conduct, racialism or other personal conduct, such as falling asleep (this is on MoJ’s web site)!

I understand that the British public respect the rule of law (only too well from my past career) and that they are held in legal reverence. However, judges, nor anyone for that matter, should be revered such that there is no complaint process in existence.

The only course of action against a judges decision, even when demonstrably and admittedly incorrect, is to go through a very expensive legal appeal process to a higher court. This is financially outside most members of the public ability.

Possession Friend



Comments

by terry sullivan

11:02 AM, 15th February 2019, About 2 years ago

judges have to be exempt

by Tim Rogers

11:18 AM, 15th February 2019, About 2 years ago

Reply to the comment left by terry sullivan at 15/02/2019 - 11:02
Not when they do not understand the law as written or deliberately use their authority to circumvent the intent. Neither should they be able to pervert the intent due to personal, political or religious bias.

by Chris Baker

14:05 PM, 16th February 2019, About 2 years ago

I had I similar situation, in fact the same case went in front of two different judges, both claimed the dates were wrong even though my second claim dates meet with the dates the first judge wanted to see. the second judge just could not comprehend my contract was a weekly. This was when dates on section 21s were more complex.
when I attempted to complian about the second judges absolute wrong desission I got the same reply, expect that instead of a complaint I was told the route I should have taken was via appeal via official papers to the court within a short time frame which I seem to remember was about 14 days, (which had easily passed) and of coarse there would have been a chunk of cost involved. (to correct a judges mistake)

I eventual re-gained possession though a back-up default route that thankfully I had taken.

Judges are very well protected.
my advise is to understand what is required for the notice you are presenting, if you are not using a solicitor, get yourself organised, present your main required papers to the court well before the hearing, supply the front page summery and number documents to match, make it as easy for the judge to understand as possible, KISS (keep it simple stupid)
at the hearing be polite and maker it known what you want the judge to do. (basically act like you know what you are doing better than a solicitor)

Ive used expensive, and cheapish solicitors, I have found to my cost that basically in court Black is White or visa versa at the end of the day if you lose you lose if you win you lose so best just get used to taking it on the chin.

I am increasingly becoming a very F’off landlord

Regards kris

by Chris @ Possession Friend

13:06 PM, 21st February 2019, About 2 years ago

Reply to the comment left by terry sullivan at 15/02/2019 - 11:02
How can any Human being be exempt or legally incapable of making a mistake ( unless you pay the legal profession an exorbitant sum to take the 'mistake ' - your case decision to a higher court ! )
Most Landlords can't afford to take an impunious judge to a higher court - is that ' Justice ' ?


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