Central London County Court’s procedural irregularities

6 November 2014

Today, I attempted to file an appeal in CLCC against a decision of
District Judge Reeves for not suspending an eviction notice without
a hearing. I am on fee remission.

The fee remission was refused with no reason despite all documents
submitted and the court refused to issue the appeal. I am a
disabled person which renders me vulnerable and lack of capacity.
the court is aware of this. I was told to wait for over 3 hours
until I was informed that a judge under the name of HHJ Saggerson
will hear me. I however lack capacity. I did not eat or drink
anything since morning I was at court.

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I write as a mother of 3 minor children, all born in the UK.  We were given a possession order by the Bow County Court on 11^th September 2014 and an eviction order on 29^th September 2014.  We appealed against the order as we have been given alternative accommodation the lawfulness and proportionality of the orders were not assessed by a Circuit Judge.  Unfortunately, I am not represented by a solicitor and I am alone in this hardship.  I humbly apologise for sending an email to QBDutyClerk@hmcts.gsi.gov.uk.  as I have no other option due to the emergency of the matter and I am worried for my children.

 

An appeal was filed on 1^st October 2014 including a stay of the eviction warrant pending the determination of the appeal.  The Central London county Court kept the appeal and did not put it to the Circuit judge on time before the eviction scheduled for 10^th November 2014 at 8am.  In the circumstance that we do not have alternative accommodation (as we were waiting for the appeal) and the fact that children will be homeless, we sought help from Court of Appeal.  They said that the jurisdiction lies in the high Court and the High Court said the jurisdiction lies on the Court of Appeal.  The County Court suddenly provided a senior judge’s order indicating that there will be a permission to appeal hearing on Friday 14^th September 2014.

 

Hence, we asked for the eviction to be suspended pending that hearing.  We were refused.  We do not understand the reason why. 

 

It is imperative to suspend the eviction as we have been provided with an order indicating that a hearing will take place.  That appeal hearing consists of both appeal against the district judge’s order and the stay of the eviction.

_________________________________________________________________________

Re:  Eviction warrant scheduled for 10th November 2014

Dear Sirs,

As you may be aware, an appeal was made against DJ North’s order on 1st October 2014 and subsequent to the refusal of DJ Reeves to suspend the warrant of eviction, an appeal of his order was made to Central London County court on 6th November 2014.  This particular appeal was apparently heard by HHJ Saggerson in my absence.  I understand that Mr Ismail lacked capacity to conduct such hearing. 

I also understand that HHJ Saggerson has not sealed his order yet and therefore we are not in receipt of it.  In such circumstances, as the appeal is pending for determination and hearing and the order of HHJ Saggerson has not been received, any attempt to proceed with the eviction on Monday will be against the natural course of justice.

It is in the interest of justice for you to take necessary directions to proceed with your eviction warrant.  If you are in receipt of those directions from A Circuit Judge, please send us the order so we can take further steps next week.  In the meantime, we are in the same accommodation as no order has been made by a higher court with regards to both appeals (That is, the 1st October appeal and the 6th November appeal).  I reckon that you understand the procedures and will follow the correct course of justice. 

Finally, any attempt to obstruct our day to day life on Monday 10th November will amount to an unlawful interference with our private and family life and to the children.  If you are reluctant to attend the property on Monday, please send me a copy of the order of the circuit judge or any high court judge which allows you to proceed with the eviction. 

I reiterate that until the appeal is pending and has not been determined by a circuit judge and until the sealed order of HHJ Saggerson is not received and any further appeals determined by higher courts, we remain in the property unless you substantiate that your actions are lawful.

 

In those circumstances, I will be thankful if you could order an interim relief in this regard as irrevocable damage will be caused to the children who will be street homeless.   The eviction will occur on Monday morning at 8am despite there is an appeal hearing on Friday 14^th November.  I have attached the order for your consideration.

_______________________________________________________________________________

TO STEPHEN TIMMS MP

Dear Sir

Please see attached order and application.  it is called out of hour application which has to be done by a solicitor.  I take debts and did it to save my family and children.  I do not know how to repay that.

You are however already aware that despite there will be an appeal hearing this Friday 14th Nov 2014, Bow county court did not suspend the eviction.  Focus E15 Mothers assisted me with over 50 people this morning.  They spoke and resisted the bailiffs as they were trying to act despite there was a court’s order….  The bailiffs were very abusive and when police was called, they refused to come.  they disrespected High court’s orders.  E15 Focus witnessed everything and recorded the whole incident.

I now request your assistance and urgent action to push the council to provide me with an alternative accommodation until assessments of my needs and my children’s needs are carried out. 

I reckon that you also thought that I will be evicted.  I am still in my home at 47b Colchester Ave, E12 5LF.

Regards

Mr Ismail

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From: XXXXXXXXXXXX
To: XXXXXXXXXXXXX
Subject: RE: From Mr/Mrs Ismail – E12 5LF (URGENT)
Date: Mon, 10 Nov 2014 18:35:46 +0000

Thank you for your email. What is the latest?

 

I have never heard of a court order being processes at 11 pm on a Sunday evening. How did you receive it, and where are you now?

 

Ali

 

From: XXXXXXXXXXXXXXXXXXX Sent: 10 November 2014 13:09
To: XXXXXXXXXXXXXXX
Subject: From Mr/Mrs Ismail – E12 5LF (URGENT)

 Dear Sir,

Today morning as you are aware that an eviction was scheduled for 8am.  I am currently assisted by Focus E15.  They all came to my address and assisting me.  They asked me whether you know these matters, but I did not tell much…

Despite I got an urgent court order on Sunday at 11pm that eviction was suspended, the bailiffs and other people attended my property to put me and my family out on the streets.    the bailiffs claim that the order was fake.

I hope you will now help me in this situation.  Focus E15 will proceed to help me by pressurising the council to give me another accommodation as I am disabled with small children.  They are presently putting a barricade on my door as they do not trust the bow county court’s bailiffs. I rely upon your cooperation and I will tell those supporting me that you are with us as well.

I await your response.

Regards

Mr/Mrs Ismail

__________________________________________________________________________high court order for suspension fo eviction

Bow County Court’s illegal Eviction and Institutional Child Abuse

Orders

8^th November 2014     To,     Bow county Court bailiffs  (BLF 6) Bow County court Central London County court Rainer Hughes RHP Services Bow County Court Judges (due to the urgency and your unusual approach)     Dear Sirs,

You should be aware pursuant to Michael Morgan’s letter dated 9^th October 2014 that an appeal against DJ North’s order dated 11^th September 2014 and against the eviction warrant dated 29^th September 2014 was filed on 1^st October 2014 at the Central London County court.

On 7^th November 2014, a senior judge of the County Court ordered for a permission to appeal hearing to take place on 14^th November 2014 at 10am alongside with the appeal against the warrant of eviction.

In such circumstances, an eviction cannot proceed on Monday 10^th November 2014 at 8am in line with the Overriding objective of the CPR and advise you Not to interfere with the proper administration of justice by attending the property.  You would probably argue as per Lynn Harvey’s email dated 7^th November 2014 that HHJ Saggerson has refused to suspend the warrant of eviction.  However, his order dated 6^th November 2014 is invalid as it does not bear the court’s seal.  It is nevertheless noted that the permission to appeal order dated 7^th November 2014 is sealed and valid.  The sealed appellant’s notice was also provided.

We also refer to the Court of Appeal’s deputy master’s directions dated 7^th November 2014 as follows:

“…A sealed order has not been provided…”

The Registry and Justice Davies indicated that the process you are following is invalid and amounts to an abuse of process.  They noted that you have acted in a timely manner to obstruct the course of justice by misusing your judicial positions.  They cannot identify which scheme and CPR you have followed.

We understand that you may have some issues with our family as previously you assaulted the children during a past eviction and you attempted to enter the property forcefully and illegally by manhandling us and the children.  As this matter is with the police for a thorough investigation, you are carrying out these actions in a conspiracy manner targeting us and to obstruct the police’s duties.

Therefore, your court is still subject to criminal investigations and as explained above, you are in the obligation to follow the law and to avoid any public attention in this matter.  The situation will worsen if you are reluctant to proceed with those unlawful actions.

Finally, please note that your eviction warrant dated 29^th September 2014 was not served by hand and was not sealed or did not contain a wet signature which renders it invalid. (Pursuant to the advice of my probono legal adviser).

Please see attached sealed appellant’s notice and order dated 7^th November 2014.

To Rainer Hughes:  Please contact the bailiffs for further actions.

Yours faithfully,

Mr and Mrs Ismail

___________________________________________________________________________________

Forest Gate Police Station

Dear All,

Please find attached email and documents.  As you are aware of those matters, Bow County court has committed a series of abuse of public trust and individual staffs have engaged in criminal conspiracies.  That complaint is still pending with DPS.  Those complaints were concealed for a long time by Alan Duncan PC and others.  But currently this is being under investigation by Sergeant Nicholas.  The matter with regards to High court and senior judiciary is also pending for investigation with regards to perjury.

Therefore, we believe that you owe the same duty to protect the public as us due to our vulnerability and the children’s involvement.  Those court officers are attempting to misused the procedures.  I understand that you will tell me that it is a judicial matter, but they are trying to harm us in an illegal manner (as can be seen below).

We do not want to be harassed as in 2012, and we seek urgent protection from harassment.   Please feel free to communicate by email.  We have been told by yourself that these complaints should be made in writing.  As per the below explanation and attached documents, the bow county court is acting against the law.

Yours faithfully,

Mr and Mrs Ismail

_________________________________________________________________________________

To

ECHR

 Dear Sirs,

Thank you for your fax dated 7th November 2014.  You indicate that “the Rule 39 applies only when an applicant is faced with serious and irreparable damage”.  We understand that the damage can be a threat to the applicant’s life or an ill-treatment by Article 3 of the Convention.  In some circumstances, it can apply to right to respect private and family life. 

Exceptionally, Rule 39 has been applied in cases that engage Article 8 (right to respect for private and family life), where there is a potentially irreparable risk to private or family life.

In this particular circumstance, we received an order yesterday for a permission to appeal hearing scheduled for 14th November 2014.  That appeal relates to the appeal against  a possession order and the warrant of eviction.  however, the domestic court has indeed given a trial date but has not suspended the warrant for eviction.  In this case, the children and our family will be street homeless and will not have the opportunity to be heard as we will be evicted on Monday 10th November.  The simple fact that if there is a hearing on 14th November with regards to the eviction, how can we be evicted on 10th November?

This factual circumstance amount a flagrant denial of justice and a serious breach of Article 6 and 8 of the Convention.  There is therefore a risk of irreparable damage as the fundamental rights of the applicants are at stake. 

Having viewed the policy of the ECHR on Rule 39, it is clear that:

Eviction complaints falls outside Rule 39 unless there is an Article 3 complaint of extreme hardship/harm such as children being put out on the street.

In this case, as indicated to you, our children will be put on the streets and an urgent interim measure is required to prevent this from happening.  The domestic courts have refused to suspend the eviction despite an appeal is due to be heard on 14th November 2014.

We await your urgent reply as the eviction will take place on 10th November 2014 at 8am.  Please note that the applicant is not Mr Afham J Ismail but are the children under the name of Ayman Ismail , Usman Ismail and Imran Ismail.

Yours sincerely,

Mr and Mrs Ismail (on behalf of the applicants as children)