8th 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 9th October 2014 that an appeal against DJ North’s order dated 11th September 2014 and against the eviction warrant dated 29th September 2014 was filed on 1st October 2014 at the Central London County court.
On 7th November 2014, a senior judge of the County Court ordered for a permission to appeal hearing to take place on 14th November 2014 at 10am alongside with the appeal against the warrant of eviction.
In such circumstances, an eviction cannot proceed on Monday 10th 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 7th November 2014 that HHJ Saggerson has refused to suspend the warrant of eviction. However, his order dated 6th November 2014 is invalid as it does not bear the court’s seal. It is nevertheless noted that the permission to appeal order dated 7th 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 7th 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 29th 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 7th November 2014.
To Rainer Hughes: Please contact the bailiffs for further actions.
Yours faithfully,
Mr and Mrs Ismail
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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
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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)
Parents Against Injustice UK 