RE:- PRACTICE DIRECTIONS 2E and The Housing Benefit Regulations 2016 (As amended by Statutory Instrument 2017 No 213) and Equality of Jurisdiction Section 23 C C A 1984

Ismail Abdulhai Bhamjee made this Rhyddid Gwybodaeth request to Civil Procedure Rule Committee

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Ismail Abdulhai Bhamjee

Dear Civil Procedure Rule Committee,

We, Ismail Abdulhai Bhamjee and Mrs Sahera Ismail Bhamjee do hereby make a request that:-

1) Please kindly provide us with the Minutes and Statutory Instrument which had created the Civil Procedure Practice Direction 2E Jurisdiction of the County Court by Legal Advisers

2. There are many County Courts in England which are part of the District Registry of the High Court of Justice for England. The Claim Forms and Application Notice and Court Orders drawn and sealed does not mention that the Claim Form and Court Orders are made In the High Court of Justice District Registry at the County Court at ......

3. Section 23 of the County Courts Act 1984 Equality of Jurisdiction.

4. The Housing Benefit Regulations 2006 (As amended) by the Statutory Instrument 2017 No 213. Can you provide an updated copy of the Housing Benefit Regulations 2006, when checking on the HMSO Legislation, this has not been updated.

5. Do you have the Statutory Instrument 1997 No 1984 (As amended) by the Statutory Instrument 2017 No 1323, since this has not been updated on the HMSO Legislation.

6. The Lord Chancellor SS Ministry of Justice is responsible Minister for the Courts and Tribunal Services, when this has not been updated than this does cause injustice and some delays.

7. The Civil Procedure Rule Committee and the Lord Chancellor and the President of the Upper Tribunal are aware of the decisions made in the High Court and the Court of Appeal of Tape Crown Ltd versus The Secretary of State for Communities and Local Government under the General Permitted Development Order 1995 No 418.

8. When did the Civil Procedure Rule Committee Members revoke the Statutory Instrument 1995 No 297, and what is the time limit to challenge the Statutory Instrument 1995 No 197, (whilst the Statutory Instrument 1987 no 765 had been repealed under the General Permitted Development Order 1988)?

Yours faithfully,

Ismail Abdulhai Bhamjee

Wright, Jane, Civil Procedure Rule Committee

Dear Mr Bhamjee
 
In response to your queries:
 
 
1)  Please kindly provide us with the Minutes and Statutory Instrument
which had  created the Civil Procedure Practice Direction 2E Jurisdiction
of the County Court by Legal Advisers
 
The statutory instrument and notes can be seen on the legislation website
at: [1]http://www.legislation.gov.uk/uksi/2018/...
 
 
2.  There are many County Courts in England which are part of the District
Registry of the High Court of Justice for England.  The Claim Forms and
Application Notice and Court Orders drawn and sealed does not mention that
the Claim Form and Court Orders are made In the High Court of Justice
District Registry at the County Court at ......
 
There is only one County Court, it is not a part of the District Registry
which is part of the High Court.   The Crown Court, High Court and County
Court all sit in various locations.   The hearing centres and offices of
the both the High Court and County Court may be located in the same
building.
 
3.  Section 23 of the County Courts Act 1984 Equality of Jurisdiction. 
 
No question to respond to.
 
4.   The Housing Benefit Regulations 2006 (As amended) by the Statutory
Instrument 2017 No 213. Can you provide an updated copy of the Housing
Benefit Regulations 2006, when checking on the HMSO Legislation, this has
not been updated.
 
I cannot provide a copy.  The Ministry of Housing, Communities and Local
Government is the Department responsible for this legislation you need to
contact them.
 
5.   Do you have the Statutory Instrument 1997 No 1984 (As amended) by the
Statutory Instrument 2017 No 1323, since this has not been updated on the
HMSO Legislation.
 
This legislation does not fall under the remit of the Ministry of
Justice.  You will need to contact the Ministry of Housing, Communities
and Local Government with any query in respect of their legislation.
 
6.   The Lord Chancellor SS Ministry of Justice is responsible Minister
for the Courts and Tribunal Services, when this has not been updated than
this does cause injustice and some delays.
 
The Lord Chancellor is not responsible for either the legislation or the
maintenance of the legislation.gov website.
 
7.   The Civil Procedure Rule Committee and the Lord Chancellor and the
President of the Upper Tribunal are aware of the decisions made in the
High Court and the Court of Appeal of Tape Crown Ltd versus The Secretary
of State for Communities and Local Government under the General Permitted
Development Order 1995 No 418.
 
I cannot comment on whether they are aware of these decisions.
 
8. When did the Civil Procedure Rule Committee Members revoke the
Statutory Instrument 1995 No 297, and what is the time limit to challenge
the Statutory Instrument 1995 No 197, (whilst the Statutory Instrument
1987 no 765 had been repealed under the General Permitted Development
Order 1988)?  
 
The Civil Procedure Rule committee does not have the power to revoke
Statutory Instruments.  Challenging a statutory instrument is a
parliamentary process, unless it is revoked under the auspices of other
legislation.  However this legislation would be amended by the Department
with responsibility for the legislation.
 
Jane
 
Jane Wright
Secretary, Civil Procedure Rule Committee
Access to Justice
Phone: 020 3334 3184 Mobile:  077098 10099 
Address: Post Point 3.42, Ministry of Justice, 102 Petty France, London
SW1H 9AJ
Find out more on People Finder
Follow us on Twitter @MoJGovUK
 

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Ismail Abdulhai Bhamjee

Dear Civil Procedure Rule Committee,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Civil Procedure Rule Committee's handling of my FOI request 'RE:- PRACTICE DIRECTIONS 2E and The Housing Benefit Regulations 2016 (As amended by Statutory Instrument 2017 No 213) and Equality of Jurisdiction Section 23 C C A 1984'.

1. I request your attention that The Statutory Instrument 2018 No 479 which was maid on the 9th April 2018, laid before the Parliament on the 16th April 2018 and shall come into force on the 7th May 2018, I had requested for the Minutes prepared by the Civil Procedure Rule Committee, Since Some of the Court Officers Legal Advisers had been making the decisions before this Statutory Instrument had been issued at the County Courts by not transferring to the Defendants Home County Court. They do not check the Time Limit under Section 50 of the Vehicle Excise and Registration Act 1994 which is a period of One Year.

2. The District Judge, The Deputy High Court Judge may not Try a claim arising from a Judicial Act or under the Human Rights Act, This has not been amended, whilst many Court Officers are not legally trained

3. The Lord Chancellor Secretary of State for the Ministry of Justice is liable and Responsible for the Judges throughout the United Kingdom, whilst there is different rules for Wales, Scotland and Northern Ireland made by an Order in Council.

4. The Crime and Courts Act 2013- I am aware of this Statutory Act, Since Schedule 9 and 10 is in the Public Domain, where the County Court Judge does have the Jurisdiction over officers of the Court under Section 29 (4) of the Senior Courts Act 1981.

5. The Parliament Act the Crime and Courts Act 2013, did not repeal Section 99 and 100 of the Senior Courts Act 1981, whilst there are Statutory Instruments issued with regards to the District Registry of the High Court under Delegated Legislation.

6. You have mentioned that the Civil Procedure Rule Committee does not have the Powers to revoke the Statutory Instrument 1995 No 297 and the General Permitted Development Order 1995 No 418 which was in force at the time and now it is General Permitted Development Order 2015 No 596.
The Former Lord Chancellor Lord Falconer QC did mislead the Parliament when issuing the Statutory Instrument in the year 2004 with regards to Civil Restraint Orders and Extended Civil Restraint Orders.

7. The Present Master of Rolls Sir Terence Etherton, He was the Chancellor of the High Court, and He was a Former Chairman of the Law Commission, When He was the Chairman of the Law Commission, He did mention that "Dead Law is a waste of time and Money" This obviously meant that Repealed Parliaments Act should not be taken into account, whilst the Law Reports made under the Repealed Parliaments Acts or Statutory Instruments are still being relied upon by many Legal Advisers and Judges which does cause injustice to persons on Low Income or those who can't afford to pay Higher Fees for the Barristers and Solicitors.

8. The Housing Benefit Regulations 2006, this is now under the Secretary of State for Department for Work and Pensions, where you should have transferred my request to that Department, But I have made a request to them, since the Minister of the Crown can be added as a Party and joined in those Proceedings.

9. Every Year the Prices are being Increased, whilst the Costs for Litigants in Person is very low when a Litigant in Person does Struggle for his or her living, and There has been Harassment for a considerable number of years since 1987.

10. The Criminal Justice and Immigration Act 2008, this does provide remedy for persons who have been involved in a Miscarriage of Justice in Criminal Proceedings, whilst there is no remedy for Persons who have been incurred Miscarriage of Justice in Civil Proceedings where there is Section 50 of the Senior Courts Act 1981.

11. Section 241A of the Proceeds of Crime and Act 2002, this is in force, but the County Courts in England have not been given the Jurisdiction Power to deal with a claim under the Proceeds of Crime Act 2002 when the amount does fall under the County Court Limit Scale.

12. The Court Fees in the Court of Appeal and in the High Court of Justice are also very excessive regardless of the amount the Person is claiming when for instance a claim for £240-00 than a person has to pay a fee of more than £400-00.

13. There is a decision given in the Court of Appeal which does mention of Section 23 and 38 of the County Courts Act 1984 with regards to Fresh Action for Judgment obtained by Fraud. There is also a Judgment Order under Section 119 of the County Courts Act 1984.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Ismail Abdulhai Bhamjee

Caton, Andrew (DJO - JO),

1 Atodiad

Dear Mr Bhamjee,

 

You have requested an internal review of the response to your request
under the Freedom of Information Act.    Your request was received on 16
April and responded to on the same day.  On 16 April  you requested a
review of the responses given to questions 1 and 4 of your request.  Your
initial request was not treated as a request under the Freedom of
Information Act but nevertheless your request for a review has been
referred to me for a response.

 

Your initial questions 1 and 4 and the responses given (in blue):

 

1)  Please kindly provide us with the Minutes and Statutory Instrument
which had created the Civil Procedure Practice Direction 2E Jurisdiction
of the County Court by Legal Advisers

 

The statutory instrument and notes can be seen on the legislation website
at: [1]http://www.legislation.gov.uk/uksi/2018/...

 

4.   The Housing Benefit Regulations 2006 (As amended) by the Statutory
Instrument 2017 No 213. Can you provide an updated copy of the Housing
Benefit Regulations 2006, when checking on the HMSO Legislation, this has
not been updated.

 

I cannot provide a copy.  The Ministry of Housing, Communities and Local
Government is the Department responsible for this legislation you need to
contact them.

 

You have now asked:

 

“I am writing to request an internal review of Civil Procedure Rule
Committee's handling of my FOI request 'RE:- PRACTICE DIRECTIONS 2E and
The Housing Benefit Regulations 2016 (As amended by Statutory Instrument
2017 No 213) and Equality of Jurisdiction Section 23 C C A 1984'.

 

“1.    I request your attention that The Statutory Instrument 2018 No  479
which was maid on the 9th April 2018,  laid before the Parliament on the
16th April 2018 and shall come into force on the 7th May 2018, I had
requested for the Minutes prepared by the Civil Procedure Rule Committee,
Since Some of the Court Officers Legal Advisers had been making the
decisions before this Statutory Instrument had been issued at the County
Courts by not transferring to the Defendants Home County Court. They do
not check the Time Limit under Section 50 of the Vehicle Excise and
Registration Act 1994 which is a period of One Year.”

 

“8.  The Housing Benefit Regulations 2006, this is now under the Secretary
of State for Department for Work and Pensions, where you should have
transferred my request to that Department, But I have made a request to
them, since the Minister of the Crown can be added as a Party and joined
in those Proceedings.”

 

 

In response:

 

Your initial request was not clear as to the Minutes you requested.  Now
you have clarified that you seek copies of the minutes of the Civil
Procedure Committee which refer to legal advisers these can be provided
and are attached.

 

The Freedom of Information Act does not require the Civil Procedure Rule
Committee which is an arms length body to respond to requests under the
Freedom of Information Act which should be directed to Government
Departments.  The Civil Procedure Rule Committee is an independent body
and is not required to forward inappropriate requests for information
another person, group or body.  The Housing Benefit Regulations have never
been within the remit of the Civil Procedure Rule Committee.   For your
future reference,  where new legislation amends existing legislation the
original legislation is not physically amended and reprinted.  

 

Your email also notes a number of other points, which for convenience are
responded to below:

 

Paragraphs 2-7 and 9-13 in your email are statements, so no response is
required.

 

Paragraph 8 is a repetition of the of the request you have made for an
internal review.

 

 

Yours sincerely

 

 

Andrew Caton | Private Secretary to the Deputy Head of Civil Justice and
Assistant Private Secretary to the Master of the Rolls | Judicial Office
for England and Wales | Room E214 | Royal Courts of Justice | Strand |
London  WC2A 2LL | Tel: 0207 947 7402 | www.judiciary.gov.uk

 

Enc: Minutes of the CPRC

 

 

 

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