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BWLOW Thumbnail scans of pages
& Links to text on the right 2 bookmarks
the
explicit Appeal
Page 1 Appeal warranted.. violations by officers at 'the relevant
county court'. (Back
to, Haringey: specific pleadings
, )
Page 2 Breaches of
public duty and scripts for theatrical
productions (paragraph.5).
Page 3 Challenges for nonevents and false assertions by the court (paragraph 7)
Page 4 False
assertions by the criminals in control of
our courts (paragraph 9).
Page 5 Rights to property, Article 1 of First
Protocol violated by court (paragraph 12)
Page 6 Monologue,
dictator alleging 'hearing before him challenged (paragraph 16).
Page 7 Undeclared policies and invisible services to legal circles (paragraph 18)
Page 8 District
Judge acting recklessly and in contempt of ..(paragraph 21)
Page 9 District Judge
evades evidence and issues false instrument (paragraph 23)
Page 10 Obstructions by court to rights in law and procedure challenged (paragraph
25)
Page 11 Hijacking and script for theatrical productions challenged (paragraph 26)
Page 12 FRAUD on the DSS ignored by District Judge ....... (paragraph
26(a))
Page 13 Challenging inexcusable failure to enter judgement.... (paragraph 26(f))
Page 14
Denial of rights to property PRACTISED by court (paragraph 26(i)
Page 15 
Order sought to declare
directions/script error based on a false instrument /
FORGERY (paragraph A). Also orders sought in respect of attempts to seek and abuse Legal Aid
facilities in respect of ESTABLISHED LIABILITIES founded on contract and
failures to challenge the documented evidence that the abusers of public office, as
alleged judicious persons, elected to ignore in pursuance of other ulterior motives and
practice (paragraph B). Demand
for security of costs against solicitors should they wish to proceed with any
theatrical scenarios and scripts as 'planned by the abuser of office at that late hour
(paragraph C).
Page 16
Duty of Court to refer to terms of
Tenancy Agreement (paragraph D) Also court's
CART BEFORE THE HORSE MENTALITIES challenged (paragraph
D). Demanding Order for Judgement and costs founded on
the proof of the liability of the defendants founded and resting on the DEFAULT
SUMMONS CLAIM. Demanding also for an order of all
costs to the date of and including the hearing of the Appeal, in the
event that the court may wish t proceed by way of the scenario and script that the abusers
of public office indulged in at the expense of the property owner in pursuance of
undeclared policies and practices (paragraph E). (Back to: Police Complaints Authority)
Page 17

Duty of care 'for
claimants by state and Local Authorities' (paragraph D). Demands also for explanations and
justifications from the author of the script and scenario FOR
FAILING TO DEAL with the absence of any substance and or evidence upon which to
found the proposed theatrical production in pursuance of undeclared by the state and the
courts policies (paragraph G).
Page 18

Failure to defend
established liability gave rise to challenge COURT and freedoms to indulge by persons in judicial chairs; challenged as
violations of Article 13 (paragraph I). Also
CONSCIOUS knowledge and endorsement of FRAUD ON THE Department of
Social Security by LOCAL AUTHORITY STAFF AND OFFICERS leading
to challenges of the court to refer the matters to the Fraud Office of the DSS in Leeds (paragraph J). (Back to Haringey Council )
Page 19

Challenging court to justify to Lord Chancellor attempt to abuse
Legal Aid 'facilities'. NOTE: copies of the Appeal sent to
Lord Chancellor's office and the Legal Aid Board, who also
received copies of the FORGERIES that the
enterprising geniuses procured and USED in the execution of 'their public duties'; their activities arising and attached to the THEFT OF THE PROPERTIES of
others, inclusive of the theft of the rights in law of the targeted victims of all,
through the script the offending court officer indulged in 'out of the blue' and 'his hat
of dirty tricks'.
Page 20
Back-sheet address. Members of
the Landlords Action Group, ensuring the managing
agents of 'their properties' receive all mail relevant to their properties and to
their rights in law.
Page 21

The extensive script concocted in
contempt of every principle of procedure. An
instrument indulged into in order to create theatrical productions in pursuance of
undeclared policies and the 'usual income generation facilities' for the actors in the
legal circles. The author and the Lord Chancellor's Department are called to
account while the Home Secretary is called to justify the failures of the police in
Haringey to attend to the blatant crimes instigated and indulged into by the staff and
officers at Haringey Council THROUGH THE USE AND PROMOTION OF FORGERIES, with additional denial of rights
and breaches in public duty by many from within the Metropolitan police, Haringey Area,
leading to and inclusive of defaults and omissions by the office of and the Commissioner,
Sir Paul Condon QPM. (Back to: Haringey Council, the usual railroading practices
)
Page 22

The police were handed a
Section 9 Statement, copies of the FORGERIES we publish and copy of an alleged legitimate order purporting to be a 'justifiable'
instrument in law arising out of diligent references to the file in the case at hand. IN
ITSELF that instrument resting and founded on a non-event with the additional offence of the fact that the court also arranged
to post that false, in law, instrument weeks late. The property agents who
were co-operating in the scams and the extensive constructive frauds, for obvious reasons
(to any one who knows of court procedures and rules) suppressed the delivery of that false
instrument. They had been forewarned of the tricks the court staff indulge in and they
could recognise why the need for the most common tool by the
courts in the best interests of the directors and that actors who are in
control of 'The Legal And Court Productions Entertainment Industry'. The perversion of and the corrupt abuse of the courts' facilities are
criminal offences; we have other instances on record, and the evidence, when Court
Orders were posted late and without hearings proper or the need for one in much the same
way as when the Counterclaim was struck out in one of the
cases we cover in our pages.
Page 23

The Arbitration
arrangements BY THE COURT in view of the amount claimed. Reference to the Appeal as we publish qualifies much. The Lord
Chancellor and his department have a lot to answer for, after they prepare the LIST OF
DOCUMENTS IN THE COURT FILE as we demanded and insist upon. The letter can be
published and our reasons can be made public along with much more documented and damning
evidence against the offenders who are of opinion that the needs of the citizens for
'justice' are their ticket to dishonest and fraudulent gains through abuse of the courts'
facilities. NOTE: The order is backdated by the
offender in an attempt to justify the introduction of the FALSE and fraudulent in intent
instrument. Removal of the records from court file of the 'hearing of 23 July 1998
constitutes another INDICTABLE OFFENCE as qualified by 'The LAW' compilation we publish.
Pasge 24
The request of the court staff to ensure that they were to
forward the completed, in date and
time, application to the amenable in the scams' letting / managing agents of 'the targeted
property and its owners'.
Page 25

Receipt issued when the Appeal was lodged.
The Article in the Hornsey Journal (below) makes
clear that a 2 bedroom flat in accordance with the council's reliable & official
sources/records was worth £190 per week. Read paragraph 'J' (link)
and consider WHY was A HOUSE worth a lot less at the time? What the managing agents of the
property engaged in will be covered in detail because the police were made aware of the
criminal indulgences all played their well trained parts in. 
|
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Page revised: October 13, 2011. |
| Site reconstruction ongoing
incorp[oration of additional material & links to other pages and websites |
| Page 1 |
|
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| Notice
of Appeal |
In the EDMONTON
County Court |
Case Number : ED802079 |
Include
Reference No:
Plaintif: Stavros Antonas |
Defendants :
Mr Mrs Hadjoudj Tahar |
|
Plaintiff's
address :
365 High Road
Wood Green
London N22 4JA |
Defendant’s
address :
196 Lymington Avenue
Wood Green
London N22 6JL |
if applicable :
Warrant No: |
|
|
|
| TAKE NOTICE that the Court will be moved on ..............day
the ........... day of .............................
1998 at ..................... to hear an
APPEAL on behalf of the PLAINTIFF in this action against the ORDER of District Judge
Silverman, allegedly made 20 July 1998 and drawn on 27 July 1998 whereby the said District
Judge or some anonymous person is alleged to have heard a fictitious application by and on
behalf of an unnamed party on 20 July 1998 and the aforesaid District Judge electing on 27
July to act in contravention of every principle of law, National and International and in
breach of procedure and practice rules failed and refused to deal with the arbitration
hearing set down for the day electing instead to highjack and railroad the case as
herein-below appealed on substantive grounds.
AND
THE GROUNDS FOR THE APPEAL are that:-
1. The Order allegedly
issued on 20 July 1998 is but a forgery of the most offensive kind, in
that there was no hearing and no application set down for the Court to deal with any
aspect in the case on the alleged date safe the arbitration hearing set for 27 July 1998
which the Plaintiff attended Court fully prepared after complying with the directions
issued by the Court on 13 May 1998. And that any reference to an alleged hearing of the
parties is fictitious and a non event in law and a figment of the imagination of the
author and or publisher of the Order Appealed against. District
Judge Silverman is called to strict proof of any notes made by him and to refer to the
affidavits and the attached exhibits filed at Court on behalf of the Plaintiff and in
particular the affidavit dated 27 July 1998; the Defendants knew full well what they were
Summonsed to Court for; so did the District Judge and the solicitors purportedly acting
for the Defendants as of 9 June 1998. The monologue and directions indulged into by
District Judge Silverman simply represents the latest of the obstructions to Justice from
within the Court as in other instances when applications to the Court arose and were
warranted in the prosecution of the claim by the Plaintiff; summarily dismissed through
utter disregard for the need of the applications and the evidence submitted to the Court,
giving rise to a demand of the Court to explain away and or justify the failings and the |
Page 2 |
attempt by
District Judge Silverman to change the direction of the case, safe unjustified and
inexcusable attempts to generate income for the legal professions through abuses of the
Courts processes as are now to be investigated in higher places on substantive grounds;
refer to the headlines Daily Mail Thursday 30th July 1998.
2. The hearing listed
for 27 July 1998 was an
Arbitration hearing as the Court directed on 13 May 1998, copy of
which directions is attached hereto. The parties did not appeal and or object to the
matter being set down for arbirtration followingthe the directions of 13 May 1998. District
Judge Silverman erred and was wrong to seek new impositions at that late hour, two and a
half months late because of other ulterior
motives, as herein below qualified.
3. The Plaintiff DID
COMPLY with the directions of the Court, inclusive of filing and service of two affidavits
dated 29th June 1998 and 27th July 1998; both affidavits supported with documented
evidence in the context of the Exhibits ‘A.Y.1’ and ‘A.Y.2” attached thereto
respectively qualify and quantify the Claim
against the Defendants; the claim rests and is founded on unpaid rents.
4. The Plaintiff
attended Court on 27 July 1998 in accordance
with the directions issued by the Court on 13th May 1998. The
Plaintiff had and has every right to demand for Judgement in the sum of £4808.00 in
accordance with the Pleadings and the supporting documented evidence filed at Court. The
aforesaid claimed sum is made up of rents due and payable by the Defendants who at all
material times claimed and were in receipt of Housing Benefit from the Department of
Social Security via and through the Social Services of the of Haringey Council who at all
material times were and have been acting as agents for the Department of Social Security
and Central Government. The Plaintiff established at Court his claim through the
submitted documented evidence which District
Judge Silverman had no option but to consider diligently and judiciously and enter
Judgement in accordance with the rules and the purpose of the presence of the parties at
Coury on the day; the claimed sum of £4808.00 is
the balance of rents due and payable for the period 17 February 1997 to 12 July 1998.
5. The Defendants
failed to act in accordance with the directions of the Court, even though represented by a
firm of solicitors as of 9 June 1998. The Defendants
and their solicitor attended the arbitration hearing on 27 July 1998 accompanied
by Counsel who stated to the Attorney for the
Plaintiff and to District Judge Silverman that the solicitor for the Defendants had
briefed Counsel to attend Court because of and for an alleged repossession application /
hearing. The fact that there was gross misrepresentation to Counsel by the
Defendants’ solicitors was irrelevant and immaterial to District Judge Silverman who
then proceceded to ignore the purpose of the hearing for the day and indulged in ‘NEW
directions’ as per Order Apealed against; inexcusable and unjustified propositions
through the Forgery endorsed with his name. The change of directions by District Judge
Silverman through the introduction of a non-event resting on an alleged hearing on 20 July 1998 are offensive
and an insult to the rules of procedure and to Justice itself. The propositions are
nothing but the usual practices intended to further protract the case and obstruct Justice
through abuse of the Court’s processes, while aiming at how best to generate income for
the circles from within which District Judge Silverman arose to public office; the
milking |
| Page 3 |
of the cow
practices depicted in the famous cartoon; with the addition in the instance at hand of an
alleged judicious person from above the ‘milkmaids and litigants’ holding the
litigants in place for the milk-maids to milk dry the cow and the feuding owners of the
property (cow). IN THE INSTANCE AT HAND THE COURT and District Judge Silverman are
fully aware that the properties in question (building and moneys due and payable as
rents arising out of Tenancy Agreements) belong
to the Plaintiff and none other.
6. Counsel for the
Defendant was ‘put right’ as to the purposes of the hearing set down for the day on 27 July 1998; Counsel was
handed copy of the Affidavit, with the attached exhibits, that was sworn that morning and
put on file. An attempt by Counsel at that point in time to argue (outside chambers
before the parties were called in to Chambers) that the contracted rent for the
property was in the sum of £220 per month
and not per week was challenged by the Attorney appearing for the Plaintiff, who pointed
out a succinct and explicit endorsement ‘per week’ on another part of the Tenancy
Agreement; Counsel
merely misinterpreted one entry; it was also
pointed out to Counsel that the Defendant had used the very contract to claim the £
220 per week from the Department of Social Security,
and in the premises the argument advanced at that point in time was but a gross
oversight of FACTS.
7. District Judge
Silverman grossly erred and was wrong to treat with utter disregard the matter before the
Court resting, founded and arising out of and for rents due and payable under the terms of
Tenancy Agreements. The District Judge ought to have acquainted himself with the facts
of the case and perused diligently the filed affidavits and the attached exhibits if any
judicious decision was to be entered by him in accordance with the purpose of the hearing
set down for the day; the invitation by the
Court to an Arbirtration Hearing; IF there had been any other monologue and or undisclosed ‘secret
hearing’ on 20 July 1998 the Court was duty bound to inform the Plaintiff, his
agents and his representatives and the Court would have to consider that any ruling
‘indulged into in the absence of a party not made aware of the ‘alleged hearing’ was
null and void; so determined higher authorities in the European Courts; referred to in
another case, and District Judge Silverman was aware of that precedent.
8. District Judge
Silverman was wrong and grossly erred when he elected and chose to ignore the simple fact
that the Defendant and his legal representatives DID FAIL to enter into and or
entertain any ‘directions from the Court’ as the attached Directions dated 13th May
1998 evince; the solicitors stated in a letter to the Plaintiff’s agents, dated 9
June 1998 which is filed at Court, that they were acting in the matter. IF THERE EXISTED ANY DEFENCE TO THE CLAIM AT ANY TIME
(rents paid in accordance with the Tenancy agreement) IT WAS INCUMBENT UPON THE SOLICITOR ACTING FOR THE
DEFENDANTS TO PROCEED ACCORDINGLY; not to
rely upon and wait for individuals within the Court to play at cat and mouse games through
abuses of the Court’s processes, such as the
Arbitration Hearing that was not to materialise because of the unjustified and inexcusable
highjacking attempt by District Judge Silverman. If the Defendants and or their
solicitors considered that any remittances and or banked funds by them (other than the
funds listed in the Schedule of account filed at Court) had not been duly recorded and or
credited by the Plaintiff, the Defendants and the solicitors ‘purportedly acting for the
Defendants had ample opportunity to state and or plead such |
| Page 4 |
matters in
the first instance; they ought to have proceeded as demanded of them and their clients,
the Defendants. Contempt for procedure and
rules through reliance on individuals such as District Judge Silverman who breached their
public duties as ‘alleged judicious persons acting in Judicial capacities’ while
violating the rights of the Plaintiff through denials and obstruction to unbiased and
unadulterated access to Justice, in no way constitute rights granted throufgh abuse of
office as District Judge Silverman exhibited.
9. The District Judge
erred and was wrong to assert at the onset of the ‘arbitration hearing’ that he
proposed to deal with an Application from the Plaintiff; District Judge Silverman ‘producing’
an application for which the associated document and copies thereof (for completion and
service on the parties by post) had been delivered by the Plaibntiff to the Court on 1
July 1998; that application the Court’s office staff apparently initially entered down
for an ‘intended’ hearing on Tuesday 14 July 1998, conveniently and miraculously they failed to
forward the issued document to the parties; the Court’s staff after demands from the
Plaintiff, to qualify their failures to issue and set down for hearing the Application,
proceeded to re-schedule the application for hearing
on Thursday 23 July 1998. The
Plaintiff attended the ‘hearing’ and the absence of the Defendants was duly noted.
10. District Judge Silverman grossly
erred and was wrong to ignore the fact that the Application he was proposing ‘to deal
with there and then’ HAD ALREADY been dispensed with on 23 July 1998 by Deputy District
Judge Smith who Summarily dismissed the application and acted contemptuously of the rights
of the Plaintiff arising to that day; ignoring in the meantime the grounds and reasons for
the application before the Court. As in other instances when judgements lead to demands
for accommodation of the Local Authorities, the property owners HAVE NO RIGHTS as a
general rule. And on 27 July 1998 District
Judge Silverman ignored the fact that the Order of Deputy District Judge Smith drawn on 23 July 1998 was secured
from the Court on that very day.
11. District Judge Silverman grossly
erred and was wrong to ignore the fact that the Plaintiff pointed out to the Court that the
Plaintiff could have and was within time to Appeal against the ‘Order’ of Deputy
District Judge Smith, IF THE PLAINTIFF CONSIDERED IT NECESSARY;
Deputy District Judge Smith, and through him the Court, had every opportunity to serve
Justice, if so wished and or inclined to do,
in respect of funds due and payable under the terms of Tenancy Agreements; and in
particular with due consideration of the manner with which the Plaintiff elected to
institute proceedings; issuing a Default Summons in accordance with the policy
of the Landlords Action Group; claiming only the Housing Benefit remitted to claimants
as opposed to the contracted rents which practice blocks the discrimination that Local
Authorities benefit from through reliance on the services of persons of the mentality
of Deputy District Judge Smith and others who systematically and habitually obstruct and
violate the rights, in law, of property owners through wrongful in law, practices and ‘violated’
procedures exposing and evincing (as in the instance at hand) ill intended practices through questionable acts and
or omissions to execute public duties diligently and with all due respect of the facts
before the Court, because of undeclared policies to ‘reduce the pressures on
Local Authorities for Council accommodation’; irrespective of the violations and denials to unbiased and unadulterated
Justice and through violations of the rights of property owners who
invariably find themselves the victims of an undeclared policy consequential to non-payment of rents that lead to
repossession of |
| Page 5 |
properties by the property owners (and others). Hence the brief to Counsel and the blatant
obstructions to unadulterated Justice and the abuse of the Court’s processes leading
to blackmail and intimidation attached to allegedly justifiable litigation as promoted
encouraged and instigated by those whose priority is and should be TO SERVE JUSTICE, not
other ulterior motives and or undeclared policies as herein above and below stated
12. District Judge Silverman was wrong and erred to
partake in practices and or policies, as above stated; obstructing (under any
pretext) property owners and denying to property owners unadulterated and unbiased
rights at Court, especially to owners who rent their properties to Housing Benefit
claimants and in particular Asylum Seekers (simply because Local Authorities are faced
with too much demand for Council accommodation but have not enough accommodation at their
disposal) . Participation in such practices is but
a conscious if not deliberate violation of rights to property as provided for under
Article 1 of the First Protocol of the European Convention on Human Rights; reducing
pressures on Local Authorities resources ought not to override the rights of the
individual citizen, especially when Local
Authority policies and the practices of their staff lead to situations and Court cases as
in this instance; furthermore in attempts to reduce Central Government funding
(because of the needs of Asylum Seekers) the individual and small private landlords and
property owners are targeted as easy prey because of the prohibitive costs attached
to the corrupt and bankrupt legal services operating within the United Kingdom and
District Judge Silverman and the Court ought to reconsider such policies at the expense
of the vulnerable individual particularly in
the light of the investigation that was
announced on Thursday 30 July 1998 in the Daily Mail; the article succinct,
explicit and to the point; bribes and
corruption in high places; police, lawyers and even Judges.
13.
District Judge Silverman through disregard of the purpose for the presence at
the Court of the Plaintiff indicated and exhibited contempt of the procedure and for the
Court’s own earlier directions; the claim
leading to the arbitration hearing RESTED AND IS FOUNDED ON UNPAID RENTS. Furthermore
in failing to deal with the matters before the Court on the day, the District Judge was
party to a fraudulent invitation to the Plaintiff who attended Court for and in respect of
the set arbitration hearing, whereas the District Judge had no intention to deal with the
facts and the evidence filed at Court because, like others before him, in purportedly
acting in a judicious capacity (unbiased, unadulterated and without any other ulterior
motive and or motives behind alleged ‘judicious’ rulings and Orders) the District
Judge simply exposed his part in abuses of the Court’s processes for other purposes and
ulterior motives and not in the service of Justice as provided for by (a) the rules of procedure, (b) the evidence filed at Court and (c) the
PURPOSE FOR THE APPEARANCE of the parties before the Court at that point in time; the
arbitration hearing resting and founded on the Default Summons; a claim for rents not paid by the Defendants as
stipulated under the terms of the Tenancy
Agreements.
14. District Judge Silverman IN
PROCEEDING TO ENDORSE his Order of the day (allegedly made on 20 July 1998) he did with
intent and or consciously instigate and introduced in the proceedings, an instrument that
is NOTHING BUT A FORGERY which fact in law voids the document in its entirety. And the
Plaintiff herewith qualifies that in applying to Court in the present context and
application, the Plaintiff in no way acknowledges and or consents to any other within |
| Page 6 |
the Court to
misrepresent this present instrument as acceptance and or endorsement by the Plaintiff of
the FORGERY as an Order proper and or as an instrument ‘acceptable in law’ by the
Plaintiff.
15. District Judge Silverman in
endorsing the instrument with the words ‘upon hearing the Attorney for the Plaintiff’
opened himself to challenges:- (a) to produce
any notes the District Judge may allege he kept in respect of any representations the
Attorney WAS PERMITTED (when in fact he was not) and allegedly made on 27, not on the
fictitious 20, July 1998 exept as herein above stated. The Court should first and foremost
refer to the Affidavits dated 29th June 1998 and in particular the one dated 27th July
1997; and District Judge Silverman should then justify any notes as to
representations he allowed and or permitted the Attorney for the Plaintiff to state and
raise other than that the Plaintiff was attending
Court for the purposes invited for and as set down by the Court itself as of 13th May 1998
and the failure of the District Judge to deal with the FACTS PLEADED AND SUBMITTED TO
THE COURT THROUGH THE AFFIDAVIT OF THE DAY CONSTITUTING the submissions for and on behalf of the Plaintiff
THAT DAY. Electing to Ignore and or
suppress documented evidence in support of the Judgement denied through abuse of office,
breaches of Public Duty and violations of Human Rights (right to properties) in no
way justifies impositions of undeclared policies through gross dereliction of Public
Office.
16. District Judge
Silverman erred and was wrong to highjack and railroad the Arbitration Hearing through his
inexcusable and unjustified monologue that overlooked (a) purpose for the Hearing as set down, (b) the submitted documented evidence in support
of the Claim for rents not paid, and (c) THE
RULES OF PROCEDURE contemoptuously ignored by all inclusive of the solicitor for the
Defendants. District Judge Silverman was made
aware that Deputy District Judge Smith summarily dismissed the application on 23 July 1998. BUT the
Plaintiff did secure the WARRANTED information covering the remittances received by the
Defendants by way of Housing Benefit. District Judge Silverman, however, rendered himself
and the Court answerable to the question WHO applied for the alleged hearing on 20th July
1998 (if one be relied upon and advanced at this juncture); also how, when and through
what instrument and rule of procedure, AND WHY was the Plaintiff entertained on 23rd July
IF there had been a determination by the Court on 20 July 1998? Furthermore why was not
the Plaintiff made aware of the alleged and secret monologue if it be alleged that the
Court moved itself FOR THE PURPOSES of the undeclared policy and the practices indulged in
through abuses of the Court’s processes and instruments through breaches of Public office and blatant violations of
Human Rights?
17. District Judge Silverman in endorsing the Forgery
of the day with the words “and upon hearing Counsel for the Defendant” did open himself answerable to (a) the Plaintiff, (b) the Lord Chancellor and (c) the Legal Aid Board as to the grounds upon which a tenant who has paid no
rents (even though he had been receiving the Housing Benefit remittances through the
local Authority) qualifies for Legal Aid in
respect of the Default Summons that was issued and served out of the very Court he
serves, purportedly judiciously and with due respect to the facts and the evidence in
support thereof; the evidence District Judge Silverman with intent elected to ignore and
he wished out of existence, even though duly filed at Court which evidence remain |
| Page 7 |
THE BASIS OF THE ONLY ADDRESS TO THE COURT had
the Attorney for the Plaintiff been allowed to present the Plaintiff’s case and the
Plaintiff’s justifuiable demand of the Court on 27 July 1998 for Judgement in the sum of
£
4808.00
18. District Judge Silverman in
endorsing his Order of the day with the words “...reference to arbitration be rescinded
on the grounds that fraud is alleged against the plaintiff “ the District Judge is
rendering himself answerable to the Plaintiff as to “If the Defendant is not claiming
fraud by the Plaintiff, was the Plaintiff at that point in time allegedly proceeding by
way of the deceptions and fraudulent misrepresentations (established through the Pleadings
and the evidence filed)? Does failure by District Judge Silverman to refer to the
documented evidence, served and filed at Court, the evidence that was NOT CHALLENGED by
the Defendants and or their solicitors, at any time as of the institution of the
proceedings FOUNDED AND RESTING ON NON
PAYMENT OF RENTS, constitute grounds for the Court itself through
District Judge Silverman to highjack, railroad and misdirect the proceedings already
closed ? Abuse of office in attempts to serve undeclared policies and or other
ulterior motives; ill intended and unjustified attempts to convert a small claim and
arbitration hearing (resting and founded on unpaid rents) into a proposed full blown trial and theartrical production
through the scenario attempted by District Judge Silverman, with the attached
intimidation and blackmail with the trimmings for the circles from within which District
Judge Silvermnan arose to public office. At
no time either party to the proceedings objected to the Arbitration procedure and in the
circumstances Disrtcit Judge Silverman must be
called to account for himself and for the attempted impositions in pursuit of other
ulterior motives than the service of Justice, expeditiously AND with all due respect to
the claim before the Court AS WAS PRESENTED though the submitted affidavits and the
attached evidence on 29 June 1998 and on 27 July 1998.
19. District Judge Silverman was wrong
to introduce elements alien, foreign and neither raised nor pleaded by either party;
through his actions District Judge Silverman simply established HIS PERSONAL attempt to
highjack the case of his own and he must be called to account for himself and to produce
any documents filed at Court other than those pleaded and filed at Court already that
could give rise to the extensive misdirections (in his concocted scenario) as were
indulged in and attempted by him through the FORGERY arising out of an alleged hearing on
20 July 1998.
20. District Judge Silverman grossly
erred when he failed to refer to the affidavits filed at Court and the documented evidence
attached thereto; through his failings HE DISQUALIFIED himself from acting in the case in
any manner whatsoever, and he was wrong to attempt to generate through a FORGERY the usual
income generating conditions imposed on the unsuspecting public for and in the interests
of the legal professions. AND THE COURT through District Judge Silverman on 27 July
1998 ought to have considered the simple fact that IF the Defendants had any legitimate
Defence and or causes for any alleged Counterclaim (referred to by District Judge
Silverman arising out of the FILED Pleadings at Court) it was for the solicitor acting
for the Defendants to raise such issues, as of 9 June 1998 and to qualify such at the same
time (while the Defendants were in |
| Page 8 |
possession
of the Court's Directions dated 13th May 1998); and the Court ought to consider that the solicitor had
ample time and opportunity to respond to challenges and to submissions by the Plaintiff;
and the solicitors ought to have acted accordingly, seek leave to amend the Defendants
pleadings, which in any event had already been filed at Court and served on THE PLAINTIFF
WHO ACTED UPON the Defendants’ pleadings appropriately. Any amended Pleadings would
be unacceptable in practice and procedure at this late hour; the filed pleadings in
themselves constitute the only acceptable grounds for any Defence and or alleged
counterclaim by virtue of the rules that the Court is bound to give weight to the
original statements/pleadings; in the
circumstances it is too late now to contemplate and or consider amending yet again
pleadings in respect of any alleged defence arising out of AND RESTING ON FAILURES TO PAY
RENTS due and payable under the terms of the Tenancy Agreements, SIMPLY TO GENERATE
INCOME for the legal professions through theatrical productions.
21. District Judge Silverman through failure to refer
to and or deal with the facts evinced through the exhibits attached to both affidavits
filed at Court by the Plaintiff exhibited failings of the most abhorrent nature; he was
wrong and acted in gross dereliction of his public office; he acted recklessly and with
intent he disregarded the evidence in support of the Plaintiff’s case. He was wrong to ignore the fact that the Defendants at
no time filed and or served any evidence in support of any other alleged remittances (prior
to and leading to the Arbitration Hearing as directed by the Court) than
those included in the Schedule of account relied upon and filed at Court by the Plaintiff.
In the premises District Judge Silvgerman
was wrong to ignore the fact that the Defendants, their solicitors and or other legal
advisers failed to submit any ‘evidence in support of any other remittances than those pleaded and relied upon by the Plaintiff;
he was also wrong to ignore the fact that for
the purposes of the case before the Court the Claim and Countercalim are treated as two
separate cases and not as one; each party to establish and support its
claim/claims separately. The Plaintiff’s case was and has been estblished
through the filed documented evidence and District Judge Silverman was wrong to dirsegard both the EVIDENCE AND THE RULES in one breath.
22. District Judge Silverman in
attempting to introduce new inexcusable and unjustifiable stipulations of his own in his
attempts to railroad and highjack the action through blatant abuse of office and implied
causes for counterclaim other than the alleged moneys the Defendants allegedly spend in
respect of the property (alleged purchases for furnishings when dealing with and through a
letting agency, four years earlier, and alleged and unsubstantiated ‘repairs to the
central heating system in the property recently) was ignoring the simple rules on evidence
in support thereof AND SEPARATE CASES as in the above paragraph qualified.
Furthermore IF the alleged purchases / expenses constitute GENUINE claims the Defendants
would have and should have dealt with the alleged ‘purchases in the first instance with
and through the letting agency Belle Estates; furthermore IF GENUINE AND JUSTIFIABLE THE
ALLEGED COUNTERCLAIMS, the Defendants liabilities to the Plaintiff for the period February
1997 to July 1998 were almost fourfold the amount alleged and counterclaimed by the
Defendants and the Defendants had ample time and |
| Page 9 |
opportunities
to deduct from due remittances the alleged claims and
account for such to the Plaintiff and to the agents of the Plaintiff, HAD THE
DEFENDANTS ALSO BEEN MEETING THEIR CONTRACTUAL LIABILITIES to the Plaintiff in the first instance. District
Judge Silverman and the Court had and have no right to seek to place the cart before the
horse and the Court was and is duty bound to
enter Judgement as evinced through the submitted affidavits and the exhibits attached
thereto and in particular the Schedule attached to the affidavit dated 27 July 1998 (pages 53 and 54 of the exhibit “A.Y.2’).
23. District Judge Silverman in evading to deal with and
or refer to the documented evidence filed at Court, simply evinced and exhibited
predetermined ‘obstructions’ to the rights of the Plaintiff and the highjacking
(by him and the anonymous person(s) partaking and or willing to lend their names to the
alleged Hearing of 20 July 1998) of the case before the Court; the directions he
instigated, promoted and stipulated are nothing but blatant obstructions to the Plaintiff
through breaches of Public Office; just as Deputy District Judge Smith with blatant intent
did, when he summarily dismissed the Plaintiff’s application on 23rd July 1998; also
just as Deputy District Judge Kolbe with blatant intent did when he, also Summarily,
dismissed an Application by the Plaitniff on 1st July 1998 when the Plaintiff applied to
Court for an Order, Ordering the Defendants to cease obstructing the agents of the
Plaintiff and their contractors from attending the property and to the needs of the
property as provided for and in accordance with the terms of the Tenancy Agreements.
Blatant obstructions to unbiased and unadulterated
Justice and violations of fundamental Human Rights imposed through Gross breaches and
Dereliction of Public Office, UNLAWFULLY to impose undeclared policies and TO CAUSE
CUMULATIVE AND CONSEQUENTIAL DAMAGES WITH INTENT through blatant violations of rights in
national and international Law. Peace of mind, wasted funds and time ARE PROPERTIES
infringed upon through breaches of Public Office leading to violations of Article 1 of the
First Protocol of the European Convention on Human Rights, just as denials to access
and use of (property and contracted rights
thereof) moneys due and payable under the terms of the Tenancy
Agreements which Local Authority staff and the COURT know were and are the basis
and the foundation upon which Housing Benefit is remitted by the Department of Social
Security, through the Local Authority, to claimants such as the Defendants are.
24. District Judge Silverman in seeking to introduce
his own ‘scenario’ in the case at hand was wrong and or with intent overlooked the
liabilities he ought to have entered judgement for the Plaintiff, who is owed the sum of
£4.808.00 which any person with commoh sense, let alone a judicious person recognises the
Plantiff, IF in any breach of contract could and can be used for the needs of the
propoerty. Every one from the Defendant's, to the staff at Haringey Council and even
persons purportedly acting in a judicial manner have so far treated the property as their
own and to determine and impose their own conditions irrespective of the damages they have
caused, sought to and through the 'proposed script and scenario' (Appealed ahainst) are
seeking to impose through breaches of contract, breaches of public office and through
violations of fundamental human rights. |
| Page 10 |
District Judge Silverman through his attempted script and scenario 'proposed'
made it clear that he obhiously did not wish to enter Judgement for the Plaintiff through
breaches of public office and dereliction of same. The unpaid rents could and can be used to IMPROVE
the property not attempt to divert and or convert such funds through abuse of
office to alleged legitimate and or justifiable legal costs, through abuse of
the Legal Aid facilities. Any judicious person with common sense ought not to have
overlooked that issue, let alone a person who to all intents and purposes was to preside
as an arbitrator in the case before the Court (no automatic right of Appeal).
The claimed and adjusted sum covered only the period 17 February 1997 to 12 July
1998. The submitted and filed at Court Schedule
did not cover the period 25 September 1995 (the date from whence the Defendants begun
to receive the Housing Benefit themselves) up to
16 February 1997 from which date onwards the Plaintiff submitted full accounts through
the bank statements pertaining to the only account in which the Defendants were remitting
rents by themselves BUT without due consideration to their contractual liabilities to the
Plaintiff.
25. District Judge Silverman by
not permitting the Plaintiff’s Attorney to present ANY case for the Plaintiff, on 27
July 1998, and by failing to properly acquaint himself with the case before the Court, he did on the day wrongly, recklessly and or
with intent:-
(a)
seek to suppress and or ignored the pleaded facts and the documented evidence
in support thereof already filed at Court and
served on the defendants.
(b)
elect to ignore the fact that the defendants failed to submit any
evidence in support of any other remittances which they ought to have stated and indeed
had every opportunity to plead and or advance as of service of the Default Summons and in
the first instance; further and or in the
alternative the Defendants could and should have pleaded any OTHER remittances by them,
other than those the Plaintiff acknowledged as received (banked by the Defendants in the
Plaintiff’s account) and credited in the Schedule of the rent account duly submitted to
the Defendants and filed at Court, fully substantiated and evinced through the submitted
and filed copies of the relevant bank account statements; the Plaintiff’s submissions
also resting and founded out of THE DOCUMENTED EVIDENCE COVERING HOUSING BENEFIT RECEIVED
by the Defendants which documented evidence wsa received by the Plaintiff at the very last
minute, through the managing agents of the Plaintiff who received same from the Local
Authority. The aforesaid evidence covers all Housing
Benefit remittances to and for the Benefit of the Defendants due and arising out of and
because of the Defendants occupation of the property owned by the Plaintiff and none
other; the very evidence sought and applied for through the Court was secured
otherwise despite the fact that Deputy District Judge Smith did with intent deny rights
to, to the Plaintiff, and or deliberately and selectively with intent OBSTRUCTING the
Plaintiff from securing same in accordance with the application before the Court on 23rd
July 1998. The application that Deputy District Judge Smith summarily dismissed, on 23rd
July 1998, without any consideration of the rights of the Plaintiff, in national and
international law; also in accordance with acceptable practice and procedure rules which
District Judge Silverman subsequently endorsed (evincing duplicity of purpose by persons
purportedly acting in a judicial but |
| Page 11 |
not judicious
capacity) through the Order purportedly and allegedly made by the Court on 20th July 1998
but issued on 27th July 1998 whereby the Defendants should serve “a fully particularised amended defence and
Counterclaim” as if the facts before the
Court were not sufficient and or had not established the Plaintiff’s case that the
Defendants had failed to meet rents due and payable under the explicit terms of Tenancy
Agreements filed at Court as part of the exhibits attached to the affidavits of the
Attorney acting for and as the Plaintiff in person.
(c)
promote through the forgery of an alleged Court Order proper, nothing but the
usual manifestations in pursuance of ulterior motives, in the interest of the
income generating practices from within the Courts for and in respect of a claim that rests and is
founded on UNPAID RENTS as per Default Summons, issued and served on the defendants who through their
pleadings and submissions to the Court established themselves to have done nothing else
but that which the Plaintiff claimed in his particular of Claim ‘failure to pay rents’. District Judge Silverman erred and was wrong to
ignore and or consider the Headlines in the Daily Mail of January 13 1997 “£ 60 Million
Scandal of legal-aid cheats”; he erred and
was wrong also to ignore the fact that the case rests on Shorthold Tenancy Agreements
extended and or re-negotiated as in the instance at hand when the Benefits Agency
declined to accept the original Tenancy Agreement endorsed with the agreed rent set at £220 per week
which lead to the parties hereto renegotiating and entering into a new agreement which the
Defendants subsequently submitted to the Benefits Agency in order to re-instate the
Defendants claim to and for Housing Benefit, FACTS District Judge Silverman can neither
evade nor ignore.
26. District Judge Silverman in failing to deal with and or consider the
documented evidence filed at Court on 29th June 1998 and on 27th July 1998, grossly
erred and or was wrong to ignore and or seek the suppression of same and or reliance on
any alleged ignorance of the facts arising out of breach of office and as a result of
and consequential to HIS highjacking and railroading of the Arbitration hearing which he
attempted to shelve (through the Oprder Appealed against) for and in respect of other
interests and or ulterior motives other than the service of unadulterated and unbiased
Justice. Evading to deal with the documented
evidence filed at Court in no way justifies use of and reliance on other issues arising
out of the pleadings as grounds through which to seek theatrical productions and or to
generate income for the legal professions through blatant and reckless indifference to
that which already was established through documented evidence. ESTABLISHED FACT:-
the Defendants did not and had not been remitting the due rents through the claimed AND
RECEIVED Housing Benefit and they did fail to advance and or adduce any evidence that they
had paid the claimed balances as shown in the Schedule of rents account as was amended and
submitted to the defendants, to their solicitors and as have been and are filed at Court
already. THE PLEADINGS AND THE DOCUMENTED
EVIDENCE filed at Court qualify and establish:-
(a)
The Defendants submitted and pleaded at Court that the only contract they signed
and entered into in respect of the property they have been occupying as of August 1994,
was the |
| Page
12 |
contract dated
4th August 1994; initially the Defendants alleged the contracted rent was £145 per week;
later they alleged that the agreed and contracted rent for the property was in the sum of £165 per week (after they were challenged as to their false
declarations that Housing Benefit remitted to them was only in the sum of £145 when in
fact at that point in time it was £165 and higher
earlier). AND
at that point in time (Court proccedings) the Defendants pleaded the contracted rent was £165 per week (as the disclosed Housing Benefit they received
was) and they alleged also that they were
keeping £20 per week (to justify banking £145 only as
they had declared to the Plaintiff) because of
alleged maintenance for the property, BUT
produced no agreement to that effect and or any documented evidence that such expenditure
was warranted and or in fact incurred for the property and on behalf of the owner and or
any other who had authorised same. The amended pleadings that the rent allegedly
contracted was ‘accepted’ and pleaded to be in the sum of £165 established
beyond any doubt the false and gross misrepresentations to the Plaintiff and to the Court
itself where a copy of the contract relied upon is very clearly endorsed with the agreed
rent at £220 per week
and not at £165 per week. In the circumstances District Judge Silverman in
electing to ignore the pleadings and the evidence available BEFORE HIM and filed at Court while purporting to be sitting in any judicial
capacity proper (either without doing his ‘homework’ in the case by
diligently perusing the filed documents and pleadings or because he is used to treating all landlords and
their claims at Court ‘at nauseum’ and in line with adopted policies) and by attempting to impose HIS proposed
theatrical scenarios through the highjacking and railroading what was NOTHING
but an Arbitration Hearing (as the parties attended Court for) HE DISQUALIFIED himslef from acting in the case.
(Highjacking and railroading practices were
exposed in the Englezakis -v- Wijemuni case, whereby two firms of solicitors with
others playing their parts sought and attempted to convert rents due to alleged legal
costs proper via ABUSE OF THE LEGAL AID
facilities and the Court’s processes. The attempts lead subsequently to both
solicitors and the Court receiving, from the property owner and the agent of the property, copy of a Court of Appeal ruling which the alleged
legal experts and professionals ought not to have overlooked in their quest to convert
rents owing (a Default Summons case, also) to legal costs arising out of allegedly justifiable
Court proceedings.The attempts by the
solicitors ceased and the Legal Aid Board acted appropriately in that instance following
representations by the ‘intended victim’.
(b)
The defendants even failed to justify their failures to remit regularly rents even
at £145 per week
which FACT the submitted and filed at Court documented evidence clearly evinces; no one
let alone the Defendants can evade that simple fact, not least an alleged ‘judicious
person’.
(c)
The claim rests and is founded on unpaid rents; as such it is established by and
through the documented evidence filed at Court.
(d)
The rents claimed are founded and
rest on the amounts paid by the Department of Social Security (not the contracted rents) for and in respect of occupation of the
property by the Defendants under the terms of Tenancy Agreements through and under which
the Defendants secured and benefit from, by occupation of the property and secured also the remittances from the department
of social security and Central Government. |
| Page
13 |
(e) The calimed rents are
founded in what was set as the approved rent by a Rent Officer AFTER INSPECTION OF THE
PROPERTY, and in the ciecumstances no one could could and or can evade the common sense
factor arisiong out of the fact that the property owner was and has been under no
obligation but to attend to normal wear and tear under the terms if the Tenancy Agreement and
that in any event the Defendants did allege and rely in their pleadings that they
allegedly maintained themselves the property by allegedly utilising the sum of £20 per
week. No judicious person could overlook that simple factor and no one can change the
pleadings now for and in the intersts of the proposed theatrical production as attempted
by District Judge Silverman. If the Defendants did act as they alleged in their
pleadings, and the Plaintiffs had justifiable cause to credit the alleged expenditures by
the Defendants, there would have existed no need to call in any other to 'bring pressure
to bear on the |Plaintiff' AND THE DEFENDANTS would and should have produced the necessary
evidence in support of their pleadings in the first instance and or as of the time they
contacted solicitors.
(f) The balance claimed as outstanding
in the amount of £4808,00 (for the period 17 February 1997 to 12 July 1998) was not and cannot be challenged in any form and
or manner by the Defendants of their own and or through their solicitors AND OR ANY OTHER
such as the highjacking, railroading and malign individuals who summarily dismissed
applications and ignored the evidence filed and presented to them as well as the arguments
presented to them (through the affidavits and
exhibits filed); obstructing the Plaintiff and or his Attorney in
the prosecution of the case through abuses of public office in no way justifies the intent
not to enter judgement in the case at hand because of undeclared policies or other ulterior
motives by Public servants who purportedly acted judiciously in the performance of
their public duties while ignoring the EVIDENCE
filed is inexcusable and unjustified as herein above and below re-iterated. Obstructing inspection of and attendance to the
property by the agents and contractors for the agents was but the most obvious if attempts
to generaste scenarios that were and are inexcusable by virtue of the alleged maintainance
by the Defendants. That element alone nullifies the attempt to railroad and hijack the
case because the propoerty should be in the 'maintained state that the Defendants of their
own pleaded. NO need for theatrical productions whatsoever.
(g)
Any alleged counterclaim arising out of the use of the property by the
Defendants consequential to and or as a result of any alleged problems with the
property is a non starter by virtue of the
fact that the Defendants had already pleaded and filed at Court alleged expenditure
for and in respect of maintenance of the property by allegedly utilising £20 per week
from the Housing Benefit funds they received for and towards the alleged maintenance of
the property. The Defendants themselves introduced and pleaded
such matters of their own in the case; NO ONE could ever rely on any amended and or
concocted fabrications to create the theatrical productions intended through abuse of
office by District Judge Silverman and his ‘sugested’ scenario. In the final analysis
only idiots and persons lacking common sense could accept such duplicity, allegations and
assertions from the Defendants which only a split personality could advance and thereafter
anticipate and or expect of others to entertain and or promote at Court, unless ‘party
to the theatre’. |
| Page 14 |
(h)
The defendants further alleged outgoings in respect of alleged repairs to the
Central Heating system; the allegations AFTER they were Summonsed to Court because
they failed to remit and or bank rents due (the Housing Benefit received after release of same
consequential to submitting to the Benefits Agency the new Tenancy Agreement dated 27th
October 1997). And the defendants pleaded the
alleged outgoings ONLY as an afterthought to their initial Pleadings. The Defendants GOING
AS FAR AS TO ALLEGE that they had no proof that such work was executed because, allegedly,
they had given to the Plaintiff such invoice/invoices as they had secured for the alleged
repairs to the Central Heating. Worse, the alleged work to the system they alleged cost £1100 well in
excess of the value (50% higher) of the most expensive item, the Boiler itself. And the repairs allegedly done at a time when no
Housing Benefit was remitted to and or was received by the Defendants from the Local
Authority and or from any other; the allegation in itself raising many a question such as (i)
where from the funds used? (ii) who authorised
the alleged repairs to the system? and (iii)
who the professional who charged such high costs for the alleged repairs to the system? And while the Defendants were pleading such
matters at Court they were at the same time also declaring to third parties that the
Central heating boiler was inoperative. Worse, the Defendants were failing to report such
allegations to the Plaintiff and or to the managing agents of the property.
(i)
the defendants failing to remit rents, failing also to justify the discrepancy
between banked and received funds did seek to and in fact obstructed the Plaintiff’s
agents to attend to, view, inspect and deal with the problems which the Defendants
introduced through third parties by claiming and asserting that they knew not of the
existence of the managing agent (as their
solicitor in his only communication promoted on 9th June 1998); thereafter
and for weeks persistently and unjustifiably
acting in breach of the terms of the Tenancy Agreements between the parties hereto obstructing access to the property while
relying on Court officers (such as Deputy District Judge Kolbe) to abuse office and obstruct and violate rights of
access to Justice and Property, public servant negating in his public duties, to
block and obstruct access to the property by summarily dismissing the application for
an Order ordering the Defendants to cease obstructing authorised contractors and the
members of staff of the managing agents to attend to the problems complained of by the
Defendants and for the managing agents to execute their contractual obligations to the
Plaintiff in the management of the property that belongs to the Plaintiff, not to
the Defendants, not to the Local Authority and or any other inclusive of the offending
and obstructing persons who have so far acted in breach of their public duties, the rules
of procedure and the rights of the plaintiff which they grossly violated at will and for
other ulterior motives as herein above and below pleaded and stated.
AND
THE PLAINTIFF WILL SEEK THE FOLLOWING ORDERS:-
A.
The order of District Judge Silverman
allegedly made on 20th July 1998 and drawn on 27th July 1998 be declared (i) void (if
the alleged date 20th July 1998 endorsed thereon be declared an error and justified as
such) or (ii) a FORGERY (on the grounds that
there was no |
| Page
15 |
hearing on 20th
July 1998) and
or (iii) a mistake in law (because of the District Judge’s failings, errors,
mistakes on the Gorunds that the Court was duty bound to proceed with the Arbitration as
had been set down for the day and that the docyument be rescinded and removed from the
records unless District Judge Silverman and or any other can justify the non event and
alleged hearing on 20 July 1998). AND that District Judge Silverman ought noty to
have ignored the fact that the Plaintiff HAD complied with all directions, and did, serve,
did file and did adduce all warranted evidence in support of the originating cause of
action. The cause of action that remains and is FOUNDED ON NON PAYMENT OF RENTS.
that THE issue before the Court WAS AND IS THE DEFAULT SUMMONS; THE CLAIM BEING THAT of non payment of rents, for
which the Plaintiff was entitled to a hearing proper of the matter before the court on
27th July 1998; the liability by the
Defendants in the sum of £4808 which was
established through the submitted and filed evidence at Court, which evidence the
Defendants and their legal experts had every opportunity to challenge yet failed to do so
AND IN THE PREMISES THE PLAINTIFF was and is entitled to enter Judgement in the aforesaid
sum of £4808.00
B. An Order that unless the
Defendants submit to the Plaintiff certified copies of any other remittances (than those
relied upon by the Plaintiff) supported by a sworn duly sworn statement / affidavit and or
statutory declaration, within 14 days of the day of the hearing of this Appeal that they
be barred from any defence in the matter of the claim which is founded on the failure to
pay rents as provided for under the terms of the Tenancy Agreements, and that they also
file at Court such other evidence in Support of any other remittances and or payments in
the bank account of the Plaintiff as they had undertaken to do. AND in the event that they fail to do so within
fourteen days of the date of the hearing of the Appeal and Order sought, that their solicitor and or the Defendants by
themselves do justify their failures to admit that no other remittances and or banking
were made by them (in respect of the
period covered by the Schedule of account filed by the Plaintiff at Court) as of 9th June 1998 and that the solicitors
(purportedly representing the Defendants) do themselves make good by way of interest to be
charged on the established (unless challenegd and established as paid / banked funds)
balance which interest they should of themselves remit to the Plaintiff arising out of and
because of the reckless and indifferent manner with which they treated their clients
liabilities established through the submitted documents they received; and to further justify their attempts to apply for
Legal Aid in matters arising out of a Default Summons, founded and resting on the failures
of the Defendants to remit and or bank rents due under the Tenancy Agreements.
C. That in the event the
Defendants fail to adduce to Court any evidence in support of any other remittances and or
banked by them funds before the hearing of this appeal and or at least three days before
the hearing of same that the Court do enter Judgement in the sum of £4,808.00 already
established and claimed as owing and outstanding and that the said sum be paid to the
Plaintiffs |
| Page 16 |
forthwith, in
order that the Plaintiffs and their agents be able to proceed with:- (i) a
full report on the state of the property, (ii) prepare full photographic
and video evidence as to the maintenance of the property (relied upon and
alleged by the Defendants), (iii) the Plaintiff by himself and or through his
authorised agents and representatives to attend to all problems with the property and with
the rights as provided for under the terms of the Tenancy Agreements. And that in
the event that the defendants may seek leave to amend their pleadings and submissions to
Court for and in respect of any alleged Counterclaim (which they may be advised to proceed
with at this juncture) that their solicitors give security for costs in respect of any
proposed and or alleged Counterclaim the may wish to allege and or proceed with on behalf
of the Defendants.
D. An Order oredering the
Defendants IF THEY SEEK of themselves and or through their solicitors leave to submit any
amended Pleadings in respect of the claim against them that they should first and
foreemost meet ALL costs, outgoings and damages by way of lost time arising out of all
work incidental thereto, by whosoever and howsoever incurred arising out of and since the
institution of the proceedings founded and resting in NON PAYMENT OF RENTS, a simple
Default Summons used and diverted in many an avenue and direction by, for and on behalf of
the Defendants for and in respect of the undeclared policies, in which the Plaintiff was
and is not a participant and or party agreeable to and or responsible for, because the of
the status and circumstances of the Defendants themselves for which the United Kingdom
Government and the Local Authority have duty of care and responsibilities, to the
Defendants in National and international law, not the Plaintiffs. The Palintiffs RIGHTS
OIGHT NOT TO AND CANNOT BE VIOLATED under any pretext; the Plaintiffs duties,
responsibilities and liabilities IF ANY are subject to and could arise out of the the
Tenancy Agreements which no one can evade, ognore and or mintepret let alone use deviously
for and in the interests of undclared policies and ithere unterior motive, NOR BY SEEKING
TO IGNORE EVIDENCE AND OR TO CREATE SCENARIOS OF THE CART BEFORE THE HORSE MENTATLITIES. And in the event that the Defendants and or their
solicitors should wish to proceed to prepare and amend pleadings restinmg and founded on
any alleged Counteclaim, they should also
through and by their solicitors (who owe
duty of care to the Court) jointly and severally give security for costs in
respect of any proposed cause of action.
E. And for an Order
ordering the Defendants and their solicitors to justify their failures to come forward
with any defence in respect of the unpaid rents as claimed AND WAS ESTABLISHED by the
Plaintiff through the submitted documented evidence and that all costs, outgoings and
damages howsoever caused to the Plaintiff, his Attorney and his agents leading to the
demanded of the Court Judgement in the sum of £4808 be met by
the Defendants forthwith and as herein above demanded even if the Defendants be granted
leave to proceed with the preparation of any amended pleadings which they may care to
introduce with any alleged Counterclaim which they may care to advance rely and promote at
this juncture with the leave of the Court. |
| Page 17 |
F. That the
Defendants solicitors and District Judge Silverman do justify to the Lord Chancellor’s
department the attempt to abuse Legal Aid Funds for and in respect of a case arising out
of non payments of rents (contractual
liabilities) as claimed in the first instance
and subsequently established through the documented evidence filed at Court. And that District Judge Silverman do justify to the
Lord Chancellor’s Department any alleged Defence that he personally was satisfied exists
and or ever existed in the case and that he should qualify his personal satisfaction if
through DILIGENT reference to the pleadings and to the submitted and filed affidavits and
the documented evidence attached thereto which he ought to have referred to before
purporting to act in any judicious capacity, and not simply indulge in scripts and
scenarios for the ill intended proposed theartrical production resting on a Forghery and
void Order. The PUBLIC DUTY and office of District Judge Silverman on 27 July 1998,
commanded of him to deal with the Arbitration Hearing as the Court had set down on 13 May
1998; HIS PUBLIC duty commanded that he dealt with the purpose of the hearing as set down
and not to delve in and or promote undeclared policies and or divert the case in other
avenues because of OTHER ULTERIOR MOTIVES as herein above qualified and quantified. HIS DUTY and Public office on the day commanded that
he dealt DILIGENTLY with the pleadings and submissions served and filed at Court; and
that he paid particular attention to the ‘particularity’ with which the CLAIM FOR THE
UNPAID RENTS HAD BEEN ESTABLISHED. HIS
DUTY WAS to deal with the CLAIM established and not to indulge in straw clatching
excercises to salvage the corrupt practices indulged in at the expense of properrtyt
owners, for and in the interests of undeclared policies and the usual income generating
practices in the interests of the circles from within which he arose to Public Office. HIS DUTY AND PUBLIC OFFICE COMMANDED THAT HE SERVED
JUSTICE; nothing else, on the basis of the invitation of the parties to the Court, the ARBITRATION HEARING as set down by the Court; DEAL with the EVIDENCE AVAILABLEand enterJudgement.
G. For an Order
that in the event District Judge Silverman fails to qualify his adopted attitude that he
should also explain away if consequential problems (with the property) arising out of non
payment of rents by the Defendants constitute grounds upon which to found rest and plead
any breaches of contract by the Plaintiff in this instance; at all material times with all
due consideration and DILIGENT references to the Pleadings served and filed at Court, by
the parties hereto; and specifically the pleadings by the Defendants in respect of alleged
maintainance and repairs to but no evidence in support of such, followed by and with
the attached breaches of Public Duty and Office with the reckless indifference by piblic
bodies and servants, to the violations of the rights of
the prperty owners in pursuit of and because of undeclared policies by, for and in
the interests of the Local Authority and others.
H. That the
failure by District Judge Silverman to order the Defendants to meet the costs attached to
the proceedings to the date when District Judge Silverman by himself and on his own
attempt to grant leave to amend pleadings be pronounced a gross error AND breach of |
| Page 18 |
procedures. And
that it further be pronounced a deliberate and intended act of Discrimination and a
violation of the relevant provisions of the European Convention on Human Rights also as
provided for under National and European Law and that the failure to adhere to the rules
of procedure if it be pronounced either an error and or mistake and or oversight by
District Judge Siverman, and that the Defendants be granted leave to amend pleadings and
waste Court time abuse of Legal Aid facilities and additional time by the Plaintiff, then
the costs of the Plaintiff bemet by the Court itself whose officers have done nothing but
violate the rights of the Plaintiff who at all material times acted within the Court's
directions and in asccordance with the rules iof procedure.
I. That the costs
attached to and arising out of this Appeal be met by the Defendants and or out of Public
funds in consideration of the fact that the Plaintiff has been obstructed in the
prosecution of his legitimate rights to property (rents - funds- moneys are property) by
public servants unless there be evidence produced to the satisfaction of the Plaintiff,
his Attorney and the Court by and or before the date of the hearing of the Appeal that the
Defemndants had and or have any evidence to supplement what has been credited to the
Defendants (in the served and filed Schedule of rent account); remittances and bankings by
them in the Plaintiff’s bank account; And that in the event that such evidence did and
or does exist that the Court should Order the Defendants solicitiors to meet the costs of
the Plaitniffs for failing to make any submissions as of
9 June 1998 and electing to waste the time of the Asttorney for the Plaintiff in
collusion and or in complicity and or in common purpose and cause with others intending to
protract and promote through new scripts and scenarios the deliberately imposed waste of
time and reckless impositions on the Plaintiff and his Attorney through the usual
manifestations of the corrupt and bankrupt legal services maintained in the United Kingdom
through the self regulating and self perpetuating corrupt bodies. (possiblre
contraventions of Article 13 and Article 14 of the European Convention on Human Rights).
J. And for an
Order ordering the Chief Clerk of the Court to prepare copies of the pleadings and in
particular copies of both affidavits from Andrew Yiannides with the attached exhibits
thereto ‘A.Y.1’ and ‘A.Y.2’. And that
the chief clerk of the Court be directed to submit the copies to the Investigation
Department of the Department of Social Security. The Court to move itself in the right direction (not
as District Judge Silverman indulged in on 27 July 1998) because of the fact that officers and the
staff at Haringey Council knew the property owner was receiving (albeit occasionally) only £145 per week
(as the declared Housing Benefit received) while they knew the Department of Social
Security (allegedly) was
remitting £165 per week to
the Defendants. ONLY idiots and conscious accessories to fraud keep
quiet IF NOT PARTY themselves. The implication is clear
“IF the property owner was to receive £
145
per week why were the officers and the staff of
Haringey Council content to invite and or allow the Department of Social Security to fork
out and remit week in week out £
165 per week? And even as much as £
177.58 per week
which fact |
| Page
19 |
can
be adduced THROUGH DILIGENT REFRENCE TO THE DOCUMENTED EVIDENCE ATTACHED TO THE AFFIDAVIT.
K. And for an
Order ordering the Defendants Not to obstruct the Plaimntiff's agents, contractors and or
any other authorised by the Plaintiff, person and or persons from attending the property (as
provided for and under the terms of the Tenanvy Agreements).
L. And for an Order ordering the Defendants, not
to attempt to and or seek any new impositions on and or to enter into any new agreements
with the staff of Haringey Council to remit and or forward Housing Benefit remittances to
to the Defendants themselves directly, and that the Defendants do ensure that such
remittances are to be forwarded to Plaimtiff's authorised agents. And that the Defendants
do attend to all matters raised with and by the Plaintiff's agents in accordance with and
under the terms of the Tenancy Agreements. And that the Defendants do raise any matter
they may wish to have dealt with and attended to in respect of the property with the
authorised angents and representatives of the property in the first instance.
Dated this the .................. day
of..................... 1998
For the Plaintiff
...............................................
Andrew Yiannides
To the Court
To the Defendants
To the Lord Chancellor’s Office
To the Legal
Aid Board
The Authorised representative:
Andrew
Yiannides (L.A.G)
c/o Diamond Lettings
365 High Road
London N22 4JA
... |
Page 20 |
In the Edmonton County Court
Case
Number ED 802079
============================
APPEAL
BY THE
PLAINTIFF
============================
Andrew Yiannides (L.A.G)
Diamond Lettings
365 High Road
Wood Green
London N22 4JA |
... |