JOIN the Community On Line.
State Facts, Publish the Evidence In Your Case and work with others for THE 'Common
Cause'. Access clearly stated facts and realities that a member submitted to the
European Court of Human Rights. Note and use (link to) and as a guide, any similarities in
your own marathon runs through the theatres they dare refer to as Justice Halls and courts
of law. (*Link,
to the Community On Line victim's web-pages).
VICTIMS OF THE DIVORCE INDUSTRY
MUST READ....
The Statement of
facts / Legal Argument by and for the Chairman of live beat dads uk.org. Do not fail to note the rights
pleaded (par. 5.a & 5.b) in the case of a relationship gone
astray, merely because the other side felt the urge and need for a change of partner.
Thereafter ONE & every decided to use the innocent children as the vehicle for use in
and for the conversion of assets industries, a division of CIUKU
Enterprises!
Euro Convention
Rights
Article 6.1 Court Hearings
Article 6.2 Court Hearings
Article 6.3 Court Hearings
Article 8.1 Respect 4 Family
Article 8.2 Family Rights
Article 9 Free TO THINK +++
Article 10 Free to Share Info
Article 11 Free JoinAssemble Article 14 No Discrimination
<>
KEY to
Page & Site
PAGE CHANGES - List
LETTERS TO - List Page&Site LETTERS FROM -
List P&S
News ARTICLES - Page List
PAGE IMAGES - List
LAW Convention Rights
LAW European Union Rights PAGE - ISSUES
- List
This PAGE - QUOTES - List
SITE - NEWS ARTICLES - List
This SITE - PAGES - List
SITE QUOTES - page
OTHER SITES - Short List
<>
Page -
ARTICLES - List
1. LES Blair-Brown & TAX
2. The Sun - Met. Comm 2002 Site NEWS Articles - List
1. David Blunkett & Judges
2. D. Mail Free For All 2001
3. Global Role For Britain
4. Blair-Brown Rift On TAX? 5. 12.3 Billion Compensation 6. Brave(!)
Sir J Steven QPM
7. Ministers Police & FRAUD 8. EU - Institutionalised Fraud 9. Journalists GAGGED 1993
<>
Page ITEMS
Covered-List
1. No Rift Over Tax In Govern 2. Last Year & Now, CRIMES
3. Global Role 4 Britain - PM.
4. Norman Acts Deceitfully
5. The National Scandal
6. OSS Acted- Solicitor Fined
7. Media IGNORE U-R Rights
8. Norman Records at CoA
9. Police Summons A VICTIM
10. Solicitor Admitted FRAUD
11. The G. H. Scriven- Fiasco
12. HOW The Bill Of RIGHTS
<>
4. Law Society Guilty- Deceit
Site Letters TO
- List
1. April 2003 Frank Field MP
2. Dec. 1998 Home Secretary
3. Dec. 1999 Prime Minister
4. May 2000 Hackney
Council
5.Jun. 2001 Haringey
Council
6. Feb. 2002 The Treasury
7. Feb. 2002 Home Secretary
8. Feb. 2002 Prime Minister
9. Mar. 2002 L.E Standard
10. Mar. 2003 Law Society++
11 Jul.2003 Work&Pens
Minis
12 Jul. 2003 Hackney
Council
13 August 2003 ECourtHR
14. Victim Suppressing Facts
<>
Site Letters FROM - List
1. Part- SOLICITOR To Client 2. Prime Minister Nov. 1999
3. CEO HaringeyCouncil 2001
4. Haringey Council Dreamer
5. Police Promoting Just LIES
6. Norman Seeks Information
7. LCD Expose Police LIES
8. An Illiterate LCDpt. Officer
9. ECourtHR September 2003
10. No D-Notices Do PUBLISH
11. Lord Irvine to G Brady MP
<>
Page NEWS
Articles - List
1. L.E.S by David Blunkett
2. D. Mail Free For All 2001
<>
Page & Site IMAGES - List
1. LES - D Blunkett & Judges
2. OSS Flood of Complaints
3. Suppresser's 3page Letter
4. Fraud 4 Invisible Refugees
5. 4 Billion by Welfare Cheats
6. 60 Million Legal Aid Cheats
7. 800
Million Soc Sec Fraud
8. Cowboy Lawyers & LCD
9. DIY Havoc In The Courts
10. Pensioner Sues PM Blair 11. Lord Paul On Family State 12. Corrupt Regime Defeated
13. Extra
Funds For Haringey
14. Police Manufacture LIES
15. Case of Scandalising ? 16. No Stars For
Haringey 17. Lawyer Flees With 6 Milli
18. Benefit Scam End In Jail
19. Hoffman Fiasco & 1 Milli
20. Judges Condemn Lilley
21. Lawyers Appalling Servi
22. Loophole Rogue Lawyer
23. Letter to Prime Minister
24. MPs And 4 Billion FRAUD
25. Police Exposed As LIARS
26. Complains Again Solicit Rise
27. Public 2 Help Choose Jud
<>
Relevant
Quotes In Page
1. Democracy
Is In Mortal Danger, so long as...
2. Days of the Blind Deaf and Dumb
Media Are Over
3. Most
abused & Breached piece of legislation by.....
4. The INTERNET is here and so is Freedom Of Information
& Exchange of Ideas.
<>
Page CHANGES
List
1. Added Letter to MP
*Link
2. Added Law Reports *Link
3. Edited Introduction & Links
4. Added Important Footnote 5.
Importance of Publication
6. More Links & Bookmarks
7. Added Footnote to ITEM 4
8. Link to Abettor Legal Quote
9. 3-page letter SUPPRESSER
<>
KEY to Page & Site
Page Quotes
part 2
part 3
Page Quotes
1. E.U Law
Above - U.K
2. Judicial Precedent
part 3
part 4
B.
part 1
part 2
part 3
C.
part 1
part 2
part 3
D.
part 1
part 2
part 3
|
|
 |
Page Revised: July 04, 2008. - Added EU provisions in respect of [*Link to] |
| Site reconstruction for better navigation, ongoing improvements &
additions |
VISITORS ARE URGED to access and READ THE IMPORTANT
update and ADDENDA we were obliged to introduce in January
2002. We had no choice but to REPORT THE CRIMES TO THE
TREASURY; our observations and knowledge of the constructive frauds made us
accessories if we kept quiet, like the alleged victims who work towards the implementation
of the schemes by the abductors and rapists of Justice, the Goddess; it was such a person
who had been wasting out time and securing support through many a crocodile tear.
You will find the addenda statement at the top of the Updated Pages File. We are sure that
you will share with us our concerns and most profound disappointment at and with persons
who adopt and promote activities which they know are nothing but downright crimes. We refer to our exclusive page
where we expose (as conscientious, law abiding citizens) the
Confidentiality Between Fraudsters that exists care of the BEST OPEN SECRET.
Guidelines on Navigating
through the extensive material: access instructions.
As part of the
reconstruction process our new pages (and pages where changes and additions have been
implemented, the improved / amended pages) are endorsed with the link 'Page Changes and
the date of the last changes, at the top of the left column/margin, below the file name
(*....xxxxx.htm *). The link takes visitors to a List of the changes implemented in the
page. These include new material and links from relevant paragraphs to other or new
relevant material in the page and or in other pages. For further clarification email: webmaster@ |
| The material below is from simple guides that were
published, in 1972, by HMSO. The extract below is from the introduction to the 'Origins of
English Law'. |
THE main sources of English law are legislation and unwritten law (1*). Legislation
consists of laws made by or under the authority of Parliament and may be statutes (Acts of
Parliament) or subordinate legislation that is to say, `statutory instruments', formerly
known as Statutory Rules and Orders (which are Orders in Council, orders, rules and
regulations made by a Minister of the Crown under the authority of a statute) or by-laws
made by Local Government or other authorities exercising powers conferred upon them by
Parliament. Unwritten law consists of common law and equity.
There is, at present, no code of English law, although the Law Commission (see p. 36) is
working on the codification of certain of its branches. The law today is contained in
about 3,000 Acts of Parliament, some thousands of statutory instruments and statutory
rules and orders, and over 300,000 reported cases. |
| Common Law |
The common law of England evolved from spontaneously observed
rules and practices shaped and formalised by decisions made by judges pronouncing the law
in relation to the particular facts before them. It was so called to distinguish it from
local laws as well as from any law that was particular or special, such as the canon laws
emanating from Rome or the law merchant practised in mercantile courts.
In the Anglo-Saxon period the
principles applied in local courts broadly reflected the customs of local communities as
declared by the freemen of those communities, who were the judges of the courts. After the
Norman conquest in 1066 the King's judges gradually welded the many and varied local
customs into a single body of general principles which they applied uniformly, first
during their periodic circuits through the shires and later at their meetings in London to
hear cases at the royal courts(2*). In order to achieve
consistency, the judges placed great reliance on previous judgements given in similar
cases, a practice which gave rise to the doctrine of judicial precedent(3*) upon which all law in England, other than legislation,
is based. It is likely that the necessary information was at first passed from one judge
to another through personal contact, but towards the end of the thirteenth century some
unknown persons began to note down and circulate the rulings of judges both on circuit and
in the royal courts and also the arguments of pleaders, as barristers (see p. 25) were
then called. These notes were contained in Year Books, which covered the period 1283 to
1535 and were forerunners of the published Law reports that have existed in one form or
another for more than 400 years
Actions in the common law courts
were initiated by writs obtained from the Chancery (the office of the Chancellor and a
skilled body of clerks(4*). Originally used by the
Sovereign to settle disputes brought to his notice by subjects who had been, or considered
themselves to have been wronged, the writ soon developed from a royal command ordering
that an alleged wrong should be righted into a direction to an official to hold and
inquiry into a complaint or to a defendant either to concede or to answer plaintiff's
claim. During the twelfth and early thirteenth centuries a great many writs were issued in
a wide variety of forms, and presently they began to shape the main branches of common law
and the procedure appropriate to those branches. As time went on a semi-official register
of writs appeared, and this came to be regarded as an exhaustive catalogue of the causes
of action known to law.
The circumscription of the law
within the framework of the writ system (together with a temporary restriction on the
office of the Chancellor to create new writs) acted as a brake on the development of the
common law. After 1285 litigants were again able to obtain writs, but they ceased to be
able to rely upon redress, since the courts of common law had established their right to
declare that any cause or action that was not contrary to the established legal rules was
unknown to law. |
| Equity |
The special imperfections of the medieval common law are
said(5*) to have been: as to the law itself, that it did
not cover the whole field of obligations; and as to its administration, that it had no
means of extracting the truth from litigants (since it relied on documents and refused to
listen to the parties themselves), that its judgements were not capable of being adapted
to special circumstances, that its process in the course of a suit was ineffective, and
that even a successful suit might be an empty victory for the winner.
Some people who failed to get
satisfaction in the common law courts were, however, allowed to petition the Sovereign or
his council (see p. 4). These petitions were handled by the Chancellor who, as well as
being `Keeper of the King's Conscience', was the head of the writ office and in this
capacity presumed to be acquainted with the general working of the law. At first the
Chancellor made recommendations to the council, but soon he began to take decisions on his
own initiative and presently petitions(6*) came to be
addressed direct to the Court of Chancery rather than to the King.
In certain matters the Court of
Chancery was able to enforce rights not recognised at common law (as in trusts and married
women's property). In other matters, such as contract, fraud, accounts and partnerships,
it was able either to give an alternative and more efficient remedy or to provide a remedy
to replace a common law remedy that had been lost. In matters outside its direct
jurisdiction, it could use its special procedure (a) to help to determine the rights of
parties in other courts by compelling the disclosure of facts and documents(7*), (b) to secure to the plaintiff, if successful, the
fruits of litigation, and (c) to protect a third person from injury through the
conflicting rights of others. The Court of Chancery exercised an overriding jurisdiction
and could prevent proceedings in the common law courts from being made the instrument of
oppression either by restraining their commencement or prosecution, or by forbidding the
enforcement of a judgement made under them, as the case might require.
In these ways the Court of Chancery
afforded an improved means of attaining justice, but this was the extent of the difference
between equity and common law. No Chancellor ever attempted to dispute the right of common
law judges to pronounce the law, and gradually-as the vigour of the early Chancellors gave
way to the more conservative outlook of successors -the Court of Chancery adopted the
common law court practice of relying on the process of legal analogy, holding wherever
possible to the maxim that `equity follows the law'. The result was that, by the end of
the eighteenth century, equity had hardened into a body of legal doctrine as settled as
the common law, and the systems had grown so much alike-save that equity dealt with
different claims and provided different remedies-that there was little to choose between
them, particularly as regards simplicity or speed. By the nineteenth century equity rules
had become so involved and technical that long delays were frequent and a dispute
involving both common law and equity sometimes took years to resolve.
Reforms were made in 1873 and 1875
by the Supreme Court of Judicature Acts, which reorganised the courts and provided that,
in their new form, all should use and apply both common law and equity. In order to
overcome the difficulty that might arise where a judge was faced with two, possibly
conflicting, sets of rules, the Act of 1873 laid it down that where rules of common law
conflicted with those of equity the latter were to prevail. |
| Legislation |
The earliest examples of enacted laws in England were the
ordinances of the Curia Regis (the King and his council), which, in the early Norman
period, was the governing body of the realm. Law-making by Parliament did not begin until
the thirteenth century; it was not until the sixteenth century that legislative Acts took
the form in which they are cast today(8*) and until the
late nineteenth century the amount of legislation was comparatively small. The position
began to change after the passing of the Reform Act in I 832(9*)
and since the beginning of the twentieth century there has been a very great increase both
in the volume of legislation and in its scope. Nowadays there is scarcely any aspect of
life that is not, in some measure, affected by it.
Since Parliament is the supreme
law-making body in the United Kingdom, Acts of Parliament are absolutely binding on all
courts, taking precedence over all other sources of law; they cannot be ultra vires
(outside the competence of-in this case Parliament) for, although the principles of
natural justice (broadly speaking, rules which an ordinary, reasonable person would
consider fair) have always occupied an important position in the British constitution,
they have never been defined or codified in the form of guaranteed rights. Thus rights,
such as the right of personal freedom, the right of freedom of discussion, and the rights
of association and public meeting, which are commonly considered more or less inviolate,
are not protected against change by Act of Parliament, and the courts could not uphold
them if Parliament decreed otherwise. Acts of Parliament are, in fact, formal
announcements of rules of conduct to be observed in the future, which remain in force
until they are repealed. The courts are not entitled to question or even discuss their
validity-being required only to interpret them according to the wording used or, if
Parliament has failed to make its intentions clear, according to certain canons of
interpretation(10*).
This principle has no application to
subordinate legislation (see p. 2), and it is open to any court before which such
legislation may come to decide whether it is intra vires or ultra vires. |
| Below extracts from the work of
Stephen Weatherill 'Cases on EC Law' |
- The heading simply relates to & covers the realities
POINTED to one John Charville, the guru who was sent along, by alleged leaders of victims
of the rampant fraud & corruption through the courts. He came along to sell to Mr
Andrew Yiannides, the founder of human-rights (and creator of this website) his extensive
knowledge and coverage of waffle and precedent casel-aw, from the moon. [*Link to the FOOTNOTE of another page
where we cover HOW & UNDER what circumstances Mr John Charville sprung into action and
what followed thereafter].
- Nothing but irrelevant rubbish peddled by and for / on
behalf of alleged leaders & or leading lights, of group-victims. Victims simply used
for more of the same, as covered in one of the many scenarios we know of, such as the case
stated in the left margin window where this LINK takes
the reader / researcher, victim.
- Reference to the work: "By creating a Community of unlimited duration, having its own
institutions, its own personality, its own legal capacity and capacity of representation
on the international plane and, more particularly, real powers stemming from a limitation
of sovereignty or a transfer of powers from the States to the Community, the Member States
have limited their sovereign rights, albeit within limited fields, and have thus
created a body of law which binds both their nationals and themselves".
|
 |
- "It follows .... that national
courts must protect rights conferred by provisions of the Community legal order and that
it is not necessary for such courts to request or await the actual setting aside by
national authorities empowered so to act of any national measures which might impede the
direct and immediate application of Community rules (law implied).
- "It follows from the foregoing
considerations that, according to the spirit, the general scheme and the wording of the
Treaty, Article 12 must be interpreted as producing direct effects and creating
individual rights which ".
- "The Court (Community) was asked to
say whether Council Directive No. 64/221 of 25 February 1964 on the co-ordination of
special measures concerning the movement and residence of foreign nationals which are
justified on grounds of public policy, public security or public health is directly
applicable so as to confer on individuals rights enforceable by them in the courts of a
Member State"..........
- Accordingly, in reply to the question,
Article 3(1) of Council Directive No 64/221 of 25 February 1964 confers on individuals
rights which are enforceable by them in the courts of a Member State and which the
national courts must protect".
|

Click to enlarge images & read of developments,
legal argument, implied supremacy, the concept
|
& "Accordingly any provision of a national legal system and any legislative,
administrative or JUDICIAL PRACTICE which might impair the
effectiveness of Community law by withholding from the national law having jurisdiction to
apply such law the power to do everything necessary at the moment of its application to
set aside national legislative provisions which might prevent Community rules from having
FULL FORCE and effect, are incompatible with those requirements which are the
very essence of Community Law". [*Link to protection
from FRAUD & CORRUPTION, & breaches by member State
TREATED AS TORTS] |
| Footnote |
| 1*. In the event of Britain entering
into the European communities in January 1973, there will be a further source of law -
namely the directly applied law of the European treaties and of the delegated legislation
made under them by the community institutions. This law will be
of a separate legal order, standing alongside both statute and common law and, in the
event of conflict, will take precedence over them. [*Link to an explicit pleading, on affidavit,
POINTING TO EUROPEAN LAW PROVISIONS, when challenging abuse of the Courts' faciltities as
relied upon by a Local Authority the staff& officers of which enaged in ]. 2*. The courts of Common Pleas,
King's Bench, and Exchequer.
3*. Judicial precedent
(that is to say, the application of the law to the ascertained facts) binds judges of the
lower courts; it also normally binds judges in courts of equal rank, though the House of
Lords (see p. 11) declared in 1966 that it would in future be prepared to depart from its
own previous decisions where it seemed just to do so.
4*. `The chief clerks
were called Masters. The foremost among them was known as the Master of the Rolls and
frequently deputised for the Chancellor in his judicial work.
5*. `Halsbury's Laws
of England. Vol. X.
6*. `During the fifteenth
century these petitions became more frequent, and although initially such relief was
spasmodic and dependent on the facts of the case, by the sixteenth century there were, in
addition, certain areas of the law where it was usual for the Chancellor to provide
relief. However, in contrast to the common law, remedies in equity were discretionary;
this is still true today.
7*. `The reliance of the
common law courts on written documents for the greater part of their evidence rendered
them powerless if a necessary document was in the hands of the opposing party, or
contained a mistake, or was lost.
8*. 'Be it enacted by the
Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the authority of
the same, as follows:-'
9*. The first of several
Acts of Parliament which reformed the electoral system and extended the franchise.
10*. If, by either of
these means, the courts reach a decision contrary to the intentions of Parliament,
Parliament must either accept the decision or pass an amending Act. Meanwhile, the
decision stands. (Note: We draw our
visitors' attention to a very simple case. It covered fraudulent costs imposed on clients
by the legal circles. The House of lords ruled on the practices in 1938-39 [*Link to case stated). YET successive governments DID
NOTHING for over 40 years, WHILE the judicial chair occupants in the lower courts as
blind, deaf and dumb as ever. Law & Order? DEMOCRATIC governance?] |
|