Church and State blog: Central London County Court: Will Declan have to make a complaint to HM Courts & Tribunals Service about the handling of his case? We still don't know whether or not the hearing scheduled for next Tuesday is going ahead. And by telecon or in person as Declan has repeatedly requested?

Tuesday, June 23, 2020

Central London County Court: Will Declan have to make a complaint to HM Courts & Tribunals Service about the handling of his case? We still don't know whether or not the hearing scheduled for next Tuesday is going ahead. And by telecon or in person as Declan has repeatedly requested?

Our Church and State website has no less than 59 Nobel Laureates on it despite the never-ending assault on our email; see paragraph 2 under "Church and State" on this blog's sidebar (updated today).

The Central London County Court is based at the Royal Courts of Justice. The hearing of the Mayor of London-commissioned St Mungo's application to have Declan's claim struck out before Senior Circuit Judge Marc Dight CBE has been adjourned to a date to be fixed.

Claimant: Declan Heavey
Defendant: St Mungo's

What the issue in these court proceedings boils down to is whether the court will decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) will not even take a phone call to confirm that we are clients of theirs. The court must surely find that this is not proportionate and lawful.

3 April: Declan's claim against the Mayor of London-commissioned St Mungo's before Senior Circuit Judge Marc Dight CBE has been adjourned to a date to be fixed. St Mungo's TST is still unwilling to even take a phone call to confirm that we are clients of theirs (WITH UPDATE 08/06/20)

Will Declan have to make this complaint to HM Courts & Tribunals Service about the handling of his case?

Re: Central London County Court

I still do not have confirmation that the application hearing scheduled for 30 June is going ahead. I also do not know if the hearing is going to take place by telecon or, as I have requested, in person. Can I ask that you contact me by phone or email to confirm details? The telephone number I have provided the Court for the hearing is my landline number which is usually disconnected. My mobile number is ***********.

On Mon, 15 Jun 2020 at 15:44, Declan Heavey wrote:
Claim No: F03CL589 Declan Heavey -v- St Mungo's, hearing 30 June at 10am

Dear Sirs

I still request that the above-mentioned hearing take place with parties in attendance at Court for the reasons cited in this thread. That said, pursuant to direction, I confirm that the telephone number I want the Judge to contact me on is 020 8470 3021.

I understand from speaking with Mr Nick McKnight, the legal representative for the Defendant, that it will be Batchelors Solicitors who arranges the telephone conference and must send an electronic bundle for the hearing by email to the Court and me by 4pm on the last working day before the hearing.

I trust Mr McKnight's bundle will include the Claimant's Reply to Witness Statement of Ilyas Hussein dated 11 December 2019.

Yours faithfully

Declan Heavey

cc: Batchelors LLP

On Wed, 10 Jun 2020 at 15:56, Central London County, Enquiries wrote:
Dear Sir,

Thank you for your email.

We can confirm that your email has been referred to a judge for directions.

You will be notified of the outcome of the referral shortly.

Kind regards

Central London County Court
Royal Court of Justice
Thomas Moore Building
Strand
WC2A 2LL

Tel: 03001235577

Coronavirus (COVID-19): courts and tribunals planning and preparation

For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter

From: Declan Heavey [mailto:dheavey@gmail.com]
Sent: 01 June 2020 10:41
To: Central London County, Enquiries
Cc: Nick McKnight
Subject: Claim No: F03CL589 Declan Heavey -v- St Mungo's, hearing 30 June at 10am

Dear Sirs

I write to request that the above-mentioned hearing take place with parties in attendance at Court.

On 25 March 2020, the legal representative for the Defendant wrote to the Court: "Our view is that an adjournment would be appropriate, and that it is not a matter which could be conducted by telecon due to the Claimant being unrepresented."

I followed this up with an email of my own to the Court in full agreement with the Defendant. I remain of the view that it is not a matter which could be conducted by telecon due to me being unrepresented.

There is also a substantial amount of new evidence that has come to light which connects the Defendant to the destabilisation of my tenancy. This evidence can be appropriately (and more effectively) introduced in a court setting.

I would be grateful for the Court's approval of a physical hearing in court on an appropriate date.

Yours faithfully

Declan Heavey

cc: Batchelors LLP

15 June: F03CL589 Declan Heavey -v- St Mungo's: Once again an autoreply from the Central London County Court is blocked and Declan has to make a run to the Post Office for recorded delivery

From My Picks

I have looked at the long correspondence regarding your tenancy and clearly you have made a powerful case for the unconscionable behavior of the agency in control of your tenancy.

Donald A. Collins
Founder, International Services Assistance Fund

Declan taught PE in Glenstal Abbey, one of Ireland's top schools.

2 June: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative

"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 (1930-2020), (then) President, Americans for Religious Liberty

Church and State

MAYOR OF LONDON RSI PROPERTY
DAY 406 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A SECTION 21 NOTICE

(SEE PARA. 3 BELOW)

1. Our 308 Honorary Associates include 20 Nobel Prize laureates. Declan and I are engaged in a project that deals with the publication of issues significant to social policy in a number of key areas, e.g., climate change, population, futurism, atheism, and free speech. Established as Network for Church Monitoring, a non-profit company limited by guarantee, our main publication, found at the website, Church and State, calls attention to subjects, not the least which have been critical of the interaction between religious and secular institutions. We have been the target of numerous threats and actions, e.g., the former resulting in threats to Declan's life, and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

2. There are no less than 63 Nobel Prize laureates on the Church and State website from 20 Honorary Associates, eight articles, nine book excerpts and 33 petition signatories. (For example, one Nobel laureate signed our Nobel petition in support of human embryonic stem cell research and gave us permission to excerpt from one of his books.) Our list of associates also includes 18 US National Medal laureates, and six Turing Award laureates (the equivalent of the Nobel Prize in computer science). We have published one article and excerpted from the books of seven members of the British House of Lords. And there are 31 knighted professors on the site from 13 Honorary Associates, one book excerpt and 21 petition signatories. These figures are despite the never-ending assault on our email (this link reveals the targeting of our emails to, among others, a close colleague in Washington, DC as well as space advocates and Nobel laureates).

3. This is Day 406 for us living under the threat to life of a 'no fault' eviction by Peabody Trust.[1] We live in a Mayor of London's Rough Sleepers Initiative (RSI) property. Peabody's appalling new terms of tenancy have forced us into an unstable weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Declan accumulated quite a history with the Housing Ombudsman Service before he received the Ombudsman's decision not to investigate a referral from Lyn Brown MP on jurisdictional grounds. The Ombudsman was asked to consider whether or not our tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused us of not signing a like-for-like agreement. The Equality and Human Rights Commission will not accept a referral of discrimination from Ms Brown, the Commission's helpline (EASS) having grossly distorted the complaint against Peabody. We no longer have pro se access to the courts (see next paragraph).

4. This eviction matter came before District Judge Ruth Fine at the Central London County Court on 30 June 2020, when both counsel for St Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of the claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

5. When it comes to traffic, we have had 10.7 million hits in the past three years on Facebook; however, I left the platform on 13 March 2021 for one year rather than risk being banned for life. It is indisputable that with any sort of level playing field Church and State would have far exceeded 2.5 million hits last year. In addition to a large variety of blocks without explanation, Facebook had so severely restricted our Page's distribution by October 2020 that it was almost as good as an unpublished page.[2] Currently, we are up to their 85th block since 1 December 2015, and as usual without an explanation. This block records as one half of their 3rd double block in the first five weeks of this year that lasted 60 days. Our traffic has also been curtailed by over 2.5K blocks on access to Church and State since 26 July 2016, including 29 full distributed denial-of-service (DDoS) attacks since 17 May 2019 that have lasted for as long as 54 hours at a time.[3] About 70% of our hits are from Americans.

"This is precisely the hard hitting kind of response needed to clarify the unfair way Facebook is treating your highly reputable site." Don Collins, Founder, International Services Assistance Fund, Washington DC

Last updated: 26/06/21

_________________________

[1] Once a fixed term has elapsed, the landlord has the option to seek eviction even if the tenant has upheld their obligations in full (though of course the landlord must still apply for and obtain a county court order).

[2] 17/10/20: We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page

[3] Since October 2019, we have been defining a full DDoS attack as having such a high volume of up to 4-minute blocks on access to Church and State that we don't bother recording them all.

Church and State blog

Tuesday, June 23, 2020

Central London County Court: Will Declan have to make a complaint to HM Courts & Tribunals Service about the handling of his case? We still don't know whether or not the hearing scheduled for next Tuesday is going ahead. And by telecon or in person as Declan has repeatedly requested?

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