Silence and observation
In law "silence" is a powerful tool. Sometimes you can win the argument just by being silent. The Respondent's representations are so obviously incorrect/false you don't need to make any comment by stating the fact - so you just leave the issue hanging there in the ether.
I can give you an example: in my first hearing on the Masons action posted on this blog. I was asked by the Judge to focus on the transfer. So I said "oh all right then, what authority did you use to transfer me". Respondents witness, a senior managing partner (Tony Bunch), informed "the contract". I then asked, "which clause in the contract be specific" - Silence. The falsehood became apparent by the partner's inability to represent himself because he would then have gone completely against his barrister drafted pleading (Bruce Carr, Devereux Chambers) which was attempting to mislead the court that the job title was relevant to there being no need to request or receive bilateral consent to a transfer because it was a management decision (and therefore not based on contract law (and the history of the contract over time, ie custom) - lawyers should know better to always check the contract!, Professor Richard Susskind OBE was attempting to unilaterally impose a transfer rather than deal with incompetence in the firm, he thereby deliberately sacrificed myself.
Anyway, I have been silent this month, largely because I have also been quite busy and often tired.
I attended a Human Rights Conference in Berlin this month and participated in the working group "Inhumane Working Conditions and Labour Rights Violations". It was a very good conference and information will shortly be published on their website - which I will give a link to when the information becomes available. However, Professor Saskia Sasson might be worth reading - she appeared to me to be astute academically and mentioned a book.
Which brings me onto "observation":
Moral Bankruptcy - New Labour - spin, spin, spin (but why are they spinning!)
Legal Bankruptcy - Alternative Dispute Resolution (ADR/Mediation) within the British judiciary and legal profession (undermines the rule of law), including Europe and my ongoing litigations - I am awaiting a court date!
Financial Bankruptcy - no surprises there then Greenspan!
Observing the media and questioning things:
Michael Mansfield QC: How did that Israeli Shoot to Kill policy manage to get into the British Police force - Cabinet - who is responsible and accountable then! The Brazilian case, had a right to life too. Look upwards.
Lord Mandelson and George Osborne: is this a non-story about "nonsense" to perhaps keep something more important off the front pages including a legal catastrophe by any chance! I am not quite evidentially sure yet, because I have really only glossed over this not very interesting front page story whether for the paltry sum of £50,000, the conservatives actually managed to receive it or not: if, and if not, why did this make front page news - for such a small sum! What have I potentially missed that was significantly more important!
David Blunkett MP is to return to Government, I haven't quite caught up with this one yet, but I am hoping they are not going to put him into the Ministry of Justice : "justice is blind". I am wondering how he managed to get Home Secretary and was that a honeytrap - the spooks must have been having a hoot! But maybe I am unkind, however, I have every right to be worried. Especially as no Police Officer is knocking on my door to get access to my case papers - unless those three little beetles I found in unusual places in my home mean anything sinister - if I am in anyway suspicious please let me know - intellectual espionage is another thing! especially as I appear to be a bit more intelligent than others/hopefully not the Home Office! in which case arrange a meeting directly.
Lord Straw is that a triple crown your wearing - Home Office, Foreign Office, Ministry of Justice - could Nostradamus be right! Somehow, Lord Woolf is not being held accountable or responsible nor Professor Richard Susskind OBE (or the law firms Masons and S J Berwin & Co) and I am now in year 13 in the English legal system and I still have not had "Justice" albeit there is an apparent legal system misguidely providing "access to justice" where the rule of law is never applied, "is applied when it is not even relevant" or "non-law(ADR)". Case citation does not appear on judgments, nor legal arguments, nor points of evidence etc, etc. Its called "organised crime" and is "corruption", its concerted, its orchestrated, is engineered, I know who is doing it and have informed those who are supposed to be responsible with authority: I sense there is an inability to "read" across the professional layers - but folks might be reading this blog! Just a pensive thought: the Lord Chancellor is traditionally a Judge who has Executive powers to sit in Parliament - when was Lord Straw a judge! Is this a "change managed" post or part of a regime change! Perhaps a "modern" concept and "contemporary lifestyle" under liberalisation and demoKratisation! Hopefully it is not dumbing down of judicial powers by any chance or even a Jewish conspiracy theory!
I recently referred Respondents' solicitors to the Law Society by email - Alison Parker and Paula Jefferson at Beachcrofts and referred to two others Marie Van Der Zyl and Susan Kelly on the previous litigation. I notify you of this fact, because the Law Society asked me to phone them, rather than dropping me a letter setting out how they were going to deal with matters or complaint form! I did not phone them, but I did contact Beachcrofts Senior Partner. No surprises then when I read on LegalWeek that "the former Senior Partner of Beachcrofts, Lord Hunt of Wirral, is set to lead a review on regulating the profession, the Law Society has announced today 14 October 2008". How did he manage to get that job then!, not that I would like to impute any impression or suggestion that his firm's conduct on my litigation has any bearing on his receiving this post "on merit", however, it is suspicious when his firm are referred to the Law Society and I am on appeal in the English courts because of the linking of Alison Parker's mens rea to Master Leslie's mens rea and they are both attempting to convince the appeal judge (who is not known yet) of their innocence on my case - professional codes of conduct aside - whilst it is appreciated that a lawyer's duty to the court is higher than their duty to their clients - I believe it is meant to protect them from unscrupulous respondents and where there is any harm threatened to themselves, friends, family and colleagues. As the only threat is being done for perverting the course of justice and misconduct in public office because they simply do not wish to settle this case, nor actually allow the case to be brought in court - I do wonder what Lord Hunt's "leading a review on regulating the profession" actually means - did you notify the Partnership that their equity was potentially at risk then!
I have created an alter ego cartoon character "Professor DisOBEdient" and have now coined another couple "Miss Behave", a legal secretary and "Miss Chief", a litigation paralegal - I know your enjoying reading the script (pleadings bundle) and seeing her war room in this virtual court.
As its Halloween, and I went to a party, this is a ditty from my childhood which always gets a scream:
Lord Nelson's Bad Eye
You blindfold the victim to awaken the senses:
A person sits in a chair. Props: a jacket sleeve, a broom shaft, a games shaker filled with ice cream and jelly or squishy liquid which is chilled.
You take the victim and ask them to meet Lord Nelson who is sitting in the chair.
You say: "This is Lord Nelson's good arm" and let the victim touch an arm with a jumper sleeve.
You then say: "This is Lord Nelson's bad arm" and let the victim either touch bare skin or a sleeve with no arm in it.
You say: "This is Lord Nelson's good leg" and let the victim touch your trousered leg
You then say: "This is Lord Nelson's bad leg" and either they touch a bare leg or a broom shaft
You say: "This is Lord Nelson's good eye" and they touch a person's eyelashes
You then say: "This is Lord Nelson's bad eye" and poke their fingers into the jelly and ice cream
Result : bloodcurdling scream - screech
When it works, it really works!
I can give you an example: in my first hearing on the Masons action posted on this blog. I was asked by the Judge to focus on the transfer. So I said "oh all right then, what authority did you use to transfer me". Respondents witness, a senior managing partner (Tony Bunch), informed "the contract". I then asked, "which clause in the contract be specific" - Silence. The falsehood became apparent by the partner's inability to represent himself because he would then have gone completely against his barrister drafted pleading (Bruce Carr, Devereux Chambers) which was attempting to mislead the court that the job title was relevant to there being no need to request or receive bilateral consent to a transfer because it was a management decision (and therefore not based on contract law (and the history of the contract over time, ie custom) - lawyers should know better to always check the contract!, Professor Richard Susskind OBE was attempting to unilaterally impose a transfer rather than deal with incompetence in the firm, he thereby deliberately sacrificed myself.
Anyway, I have been silent this month, largely because I have also been quite busy and often tired.
I attended a Human Rights Conference in Berlin this month and participated in the working group "Inhumane Working Conditions and Labour Rights Violations". It was a very good conference and information will shortly be published on their website - which I will give a link to when the information becomes available. However, Professor Saskia Sasson might be worth reading - she appeared to me to be astute academically and mentioned a book.
Which brings me onto "observation":
Moral Bankruptcy - New Labour - spin, spin, spin (but why are they spinning!)
Legal Bankruptcy - Alternative Dispute Resolution (ADR/Mediation) within the British judiciary and legal profession (undermines the rule of law), including Europe and my ongoing litigations - I am awaiting a court date!
Financial Bankruptcy - no surprises there then Greenspan!
Observing the media and questioning things:
Michael Mansfield QC: How did that Israeli Shoot to Kill policy manage to get into the British Police force - Cabinet - who is responsible and accountable then! The Brazilian case, had a right to life too. Look upwards.
Lord Mandelson and George Osborne: is this a non-story about "nonsense" to perhaps keep something more important off the front pages including a legal catastrophe by any chance! I am not quite evidentially sure yet, because I have really only glossed over this not very interesting front page story whether for the paltry sum of £50,000, the conservatives actually managed to receive it or not: if, and if not, why did this make front page news - for such a small sum! What have I potentially missed that was significantly more important!
David Blunkett MP is to return to Government, I haven't quite caught up with this one yet, but I am hoping they are not going to put him into the Ministry of Justice : "justice is blind". I am wondering how he managed to get Home Secretary and was that a honeytrap - the spooks must have been having a hoot! But maybe I am unkind, however, I have every right to be worried. Especially as no Police Officer is knocking on my door to get access to my case papers - unless those three little beetles I found in unusual places in my home mean anything sinister - if I am in anyway suspicious please let me know - intellectual espionage is another thing! especially as I appear to be a bit more intelligent than others/hopefully not the Home Office! in which case arrange a meeting directly.
Lord Straw is that a triple crown your wearing - Home Office, Foreign Office, Ministry of Justice - could Nostradamus be right! Somehow, Lord Woolf is not being held accountable or responsible nor Professor Richard Susskind OBE (or the law firms Masons and S J Berwin & Co) and I am now in year 13 in the English legal system and I still have not had "Justice" albeit there is an apparent legal system misguidely providing "access to justice" where the rule of law is never applied, "is applied when it is not even relevant" or "non-law(ADR)". Case citation does not appear on judgments, nor legal arguments, nor points of evidence etc, etc. Its called "organised crime" and is "corruption", its concerted, its orchestrated, is engineered, I know who is doing it and have informed those who are supposed to be responsible with authority: I sense there is an inability to "read" across the professional layers - but folks might be reading this blog! Just a pensive thought: the Lord Chancellor is traditionally a Judge who has Executive powers to sit in Parliament - when was Lord Straw a judge! Is this a "change managed" post or part of a regime change! Perhaps a "modern" concept and "contemporary lifestyle" under liberalisation and demoKratisation! Hopefully it is not dumbing down of judicial powers by any chance or even a Jewish conspiracy theory!
I recently referred Respondents' solicitors to the Law Society by email - Alison Parker and Paula Jefferson at Beachcrofts and referred to two others Marie Van Der Zyl and Susan Kelly on the previous litigation. I notify you of this fact, because the Law Society asked me to phone them, rather than dropping me a letter setting out how they were going to deal with matters or complaint form! I did not phone them, but I did contact Beachcrofts Senior Partner. No surprises then when I read on LegalWeek that "the former Senior Partner of Beachcrofts, Lord Hunt of Wirral, is set to lead a review on regulating the profession, the Law Society has announced today 14 October 2008". How did he manage to get that job then!, not that I would like to impute any impression or suggestion that his firm's conduct on my litigation has any bearing on his receiving this post "on merit", however, it is suspicious when his firm are referred to the Law Society and I am on appeal in the English courts because of the linking of Alison Parker's mens rea to Master Leslie's mens rea and they are both attempting to convince the appeal judge (who is not known yet) of their innocence on my case - professional codes of conduct aside - whilst it is appreciated that a lawyer's duty to the court is higher than their duty to their clients - I believe it is meant to protect them from unscrupulous respondents and where there is any harm threatened to themselves, friends, family and colleagues. As the only threat is being done for perverting the course of justice and misconduct in public office because they simply do not wish to settle this case, nor actually allow the case to be brought in court - I do wonder what Lord Hunt's "leading a review on regulating the profession" actually means - did you notify the Partnership that their equity was potentially at risk then!
I have created an alter ego cartoon character "Professor DisOBEdient" and have now coined another couple "Miss Behave", a legal secretary and "Miss Chief", a litigation paralegal - I know your enjoying reading the script (pleadings bundle) and seeing her war room in this virtual court.
As its Halloween, and I went to a party, this is a ditty from my childhood which always gets a scream:
Lord Nelson's Bad Eye
You blindfold the victim to awaken the senses:
A person sits in a chair. Props: a jacket sleeve, a broom shaft, a games shaker filled with ice cream and jelly or squishy liquid which is chilled.
You take the victim and ask them to meet Lord Nelson who is sitting in the chair.
You say: "This is Lord Nelson's good arm" and let the victim touch an arm with a jumper sleeve.
You then say: "This is Lord Nelson's bad arm" and let the victim either touch bare skin or a sleeve with no arm in it.
You say: "This is Lord Nelson's good leg" and let the victim touch your trousered leg
You then say: "This is Lord Nelson's bad leg" and either they touch a bare leg or a broom shaft
You say: "This is Lord Nelson's good eye" and they touch a person's eyelashes
You then say: "This is Lord Nelson's bad eye" and poke their fingers into the jelly and ice cream
Result : bloodcurdling scream - screech
When it works, it really works!
posted by Lesley McDade at 1:59 am
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