Saturday 12 October 2013

Richard Fulcher, part 14

EMAIL TO PINSENT MASONS POINTING OUT
BREACHES OF PROTOCOL
Thursday 24 January 2013

1.            I believe that on Thursday 24 January 2013, Brian Pead sent an email to James McBurney of Pinsent Masons and approximately 300 fee earners at Pinsent Masons. He also sent the email to the Prime Minister and also to Tom Watson, MP, who claimed to be conducting an investigation into child abuse.

2.            From evidence that I have seen, I believe that the contents of that email was as follows: Alerted the principals of the company that basic errors had taken place in Pre-Action Protocols; Alerting Pinsent Masons to the fact that they had not produced Letters of Authority from Twist and Dunipace; Alerting them to their harassment of Brian Pead; Pinsent Masons had interfered with the Book Launch at Foyles; the email sought Disclosure – this was not provided; Brian Pead had made a considerable effort to keep this matter away from the Courts which is part of the overriding principles of the CPR; Alerted them to the fact that a Publisher is the first entity to contact; They failed to respond to Brian Pead’s reasonable email sent in good faith; Pinsent Masons added themselves as a Party and they added Lambeth Council as a party to these proceedings.


UNLAWFULLY OBTAINED GAGGING ORDERS
30  January 2013

3.            From evidence that I have seen, I believe that James McBurney of lawyers Pinsent Masons failed to inform Brian Pead or Michael Bird that a Hearing was to take place before Judge Michael Tugendhat at the Royal Courts of Justice in London.

4.            From evidence that I have seen, I believe that Caroline Addy of One Brick Court lied to the Judge that Mr Pead and Mr Bird had been informed about the Hearing in sufficient time for them to attend.

5.            From evidence that I have seen, I believe that neither Mr Pead nor Mr Bird was informed about the alleged Hearing in accordance with the Civil Procedure Rules.

6.            In any event, I believe that Mr Pead was, by happenstance, present at the Royal Courts of Justice on that day, and CCTV will prove it.

7.            From evidence that I have seen, I believe that Justice Tugendhat neglected to establish the provenance of the information he had been given by Caroline Addy and James McBurney with regard to the whereabouts of Brian Pead and Michael Bird.

8.            From evidence that I have seen, I believe that the two “Gagging Orders” issued that day were gained fraudulently and are therefore void ab initio.

9.            From evidence that I have seen, I believe that Lord Denning – a former High Court judge – said: “...It is beyond doubt that, if a tribunal fails to observe the rules of natural justice, or is biased – its decision is a nullity and void; and it can be quashed on certiorari; or declared void by a declaration to that effect...”

10.       I believe that it is self-evident that, once an order of the Court has been issued unlawfully, not only is its decision a nullity as stated by Lord Denning, but that it is void and any actions based upon that decision are also automatically void.

11.       I believe that the following events – based entirely on the void orders of the Court – are also void and are thus a significant breach of Brian Pead’s human rights.


UNLAWFUL COURT ORDERS SENT TO BRIAN PEAD
Saturday 2 February 2013


12.       From evidence that I have seen, I believe that Brian Pead received an email from Pinsent Masons which included alleged Notes of the Hearing of 30 January 2013 and two alleged Judgment Orders from Mr Justice Tugendhat.

13.       From evidence that I have seen, I believe that the email said, “By way of service I send the orders of the Judge.” However, the Court had a responsibility and a Duty of Care to Mr Pead to make him aware of the Orders, not Pinsent Masons.

14.       In any event, Pinsent Masons does not effect service by way of email.

15.       In the words of Lord Denning, I believe that the Orders were void ab initio and they are therefore unlawful documents. Any actions taken thereafter in relation to the Orders are also Void.


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