Saturday, 12 October 2013

Richard Fulcher, part 13

PUBLICATION OF FROM HILLSBOROUGH TO LAMBETH
12 November 2012

1.            From evidence that I have seen, I believe that Brian Pead co-wrote a book entitled from Hillsborough to Lambeth with Michael Bird and that it was officially published on 12 October 2012 by Invenire Press.

2.            From evidence that I have seen, I believe that the book exposed unlawful activity in Lambeth Council which included the wrongful dismissal of Brian Pead and the exposure of child abuse in Lambeth, which went unreported by Council officers.

3.            From evidence that I have seen, I believe that former pupils at the Pupil Referral Unit run by Brian Pead (known as the Open Learning Centre for Vocational Studies) have stated that the book is an accurate record of events.

4.            From evidence that I have seen, I believe that parents of former pupils at the Pupil Referral Unit run by Brian Pead have stated that the book is an accurate record of events.

5.            From evidence that I have seen, I believe that the book was offered for sale on www.Amazon.com

6.            From evidence that I have seen, I believe that the book was unlawfully removed from that website by the authorities.


BRIAN PEAD’S CLAIM –v- LAMBETH COUNCIL
8 January 2013

7.            From evidence that I have seen, I believe that Brian Pead initiated a claim against Lambeth Council on the following grounds: The Tort of Negligence; Defamation; Unlawful dismissal; Breaches of Employment Law; Breaches of the Human Rights Act 1998; Breaches of the Freedom of Information Act 2000; Breaches of the Data Protection Act 1998; Conspiracy to Pervert the Course of Justice; Breaches of the Theft Act 1968; Breaches of the Computer Misuse Act 1990, Misconduct in Public Office, Perverting the Course of Justice; Perjury, Fraudulent Misrepresentation.

8.            From evidence that I have seen, I believe that Mr Pead’s claim against Lambeth Council and its officers consisted of more than 100 pages of incontrovertible evidence of negligence and other torts and even crimes.

9.            From evidence that I have seen, I believe that the claim is a genuine claim based on bona fide evidence, including the witness statements of former pupils and parents of former pupils, together with a statement made by an Employment Law specialist, Alex Passman.


DEFAMATION CLAIM AGAINST BRIAN PEAD
January 2013

10.       On 10 January 2013, Brian Pead and Michael Bird received a letter from Pinsent Masons, a law firm purporting to represent Lambeth Council and its officers.

11.       From evidence that I have seen, I believe that Pinsent Masons failed to provide a Form of Authority (or Instruction) which would prove that Cathy Twist and Phyllis Dunipace had, in fact, instructed Pinsent Masons to act on their behalf.

12.       From evidence that I have seen, I believe that this evidence does not exist. Disclosure was sought – disclosure has been rejected.

13.       From evidence that I have seen, I believe that Pinsent Masons failed to inform the publishers, Invenire Press, that they were bringing a claim of Defamation and in such instances it is my belief that the Publisher, not the Author, will be the recipient of any law suit against it.

14.       From evidence that I have seen, I believe that this was a ruse by the authorities to create a reason to later send Mr Pead to prison for Contempt of Court.

15.       From evidence that I have seen, I believe that the letter threatened legal action against both authors for defamation against Cathy Twist (an officer of Lambeth Council) and Phyllis Dunipace, OBE (a former Head of Children’s Services in Lambeth).

16.       From evidence that I have seen, I believe that the authors strenuously denied the allegation of defamation.

17.       From evidence that I have seen, I believe that Michael Bird wanted a trial at the High Court before a jury on the grounds of Defamation.


PRE-ACTION PROTOCOLS IN DEFAMATION CASE
January 2013

18.       From evidence that I have seen, I believe that Pinsent Masons breached all the rules of pre-action protocol in cases of Defamation.

19.       From evidence that I have seen, I believe that Brian Pead brought this to the attention of Pinsent Masons, as is required under the Civil Procedure Rules.

20.       From evidence that I have seen, I believe that Brian Pead discussed this with Michael Bird.

21.       From evidence that I have seen, I believe that the two authors agreed that Brian would inform Pinsent Masons of their breaches of pre-action protocols.


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