Wednesday, March 15, 2017

Complaint to the Secretary of State for Justice. We still do not have District Judge Avent's order and today is the 2nd day after the expiration of our statutory 21 days to apply for permission to appeal (WITH UPDATE 16/3/2017)

From the Update (16/3/2017) below:

"How you manage to do what you do is simply amazing!! And with the pressure on to adjudicate what seems more and more like attacks from a personality from 1984!"

Donald A. Collins, President of ISAF, Washington DC


County Court at Central London, Royal Courts of Justice

This court order we are waiting for from the Central London County Court is our No.1 indicator of how vulnerable we are. Declan phoned the Court again on Monday, only to be told that District Judge Avent's order dismissing his claim against the Greater London Authority ("GLA")-commissioned St Mungo's that alleged the falsification and fabrication of data against him (leaving us vulnerable to eviction) was placed on the record last Saturday and was being posted. Our statutory 21 days to apply for permission to appeal expired three days ago on Monday. This was Declan's complaint to Elizabeth Truss as Secretary of State for Justice last Wednesday:

For the attention of Neelam Ahuja, Customer Service Manager, Central London County Court

Rt Hon Elizabeth Truss MP
Secretary of State for Justice and Lord Chancellor
Ministry of Justice

Address removed for email


8 March 2017

Dear Secretary of State for Justice,

Central London County Court Case No. C01CL855

I wish to complain that District Judge Avent's order dismissing my claim against the Greater London Authority ("GLA")-commissioned St Mungo's that alleged the falsification and fabrication of data against me has not yet been placed on the record, according to the Court this morning; and this, notwithstanding that the 21 days I have to appeal expires on this coming Monday, 13 March 2017.

Please see below a finding by the Information Commissioner's Office that the Ministry of Justice breached the Data Protection Act 1998 in respect of an application to contest the court's jurisdiction that was filed by the GLA at Central London County Court on 14 October 2015 in another unrelated case.

I am copying this email to Neelam Ahuja, Customer Service Manager at the court. My telephone number is 0788 043 7681.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

"Let me recommend an important web site - churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out." - Edd Doerr, President, Americans for Religious Liberty

A copy of the original of the complaint above, together with the finding of the Information Commissioner's Office against the Ministry of Justice in respect of the timely disclosure of a previous court document, is posted here. Are we going to need this time around a court order from the Central London County Court to get a copy of District Judge Avent's order?

Re: Ministry of Justice's untimely disclosure of court document

Draft paragraph 37(ii) of Declan's next updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights.

On 16 December 2015 the Information Commissioner's Office (ICO) upheld the Applicant's complaint against the Ministry of Justice for breach of the Data Protection Act 1998. The ICO found that the Ministry had mishandled the Applicant's subject access request for a copy of the GLA's application to contest the court's jurisdiction, filed at the Central London County Court on 14 October 2015 (see Annex 18, pp. 45-46).

UPDATE 16 March (10.05pm): We have the court order! We received it in a late post yesterday. The order is outrageous. No reason for the dismissal of Declan's claim is provided. The order states, "The Claim is dismissed," and then only states, "The Claimant's oral application for leave to appeal is refused." Of course, even if he wanted to, the judge couldn't declare the claim "totally without merit" because Declan defeated St Mungo's attempt to have the claim struck out at the preliminary hearing last October (before another judge). Although this court order is undoubtedly our No.1 indicator of how vulnerable we are, we are supremely confident that St Mungo's run the risk of compromising the court's integrity and independence by trying to make anything of it. Tonight Don Collins, President of the Washington, DC-based International Services Assistance Fund, writes, "How you manage to do what you do is simply amazing!! And with the pressure on to adjudicate what seems more and more like attacks from a personality from 1984!" This morning I posted the order to my blog post of 20 February below.

20 February: The Central London County Court: District Judge Avent dismisses Declan's claim against the Greater London Authority-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)