SHAUN ANTHONY BOYLAN - Newlyn - Dartford County Court 12 December 2018 - 11 December 2020

Response to this request is long overdue. By law, under all circumstances, HM Courts and Tribunals Service should have responded by now (details). You can complain by requesting an internal review.

Dear Her Majesty's Courts and Tribunals Service,

Please confirm under the FOIA if Shaun Anthony Boylan who is listed on the Certificated Bailiff Register is a county court bailiff/ enforcement agent and if he is listed on any register as working for Equita.

Also confirm if he is known as or is allowed to use Sean or Sion Boylan or Shawn Bowen and please provide any other spelling he is known by .

List all inception/ expiry dates he has held a certifcate and the name of the court and judge that granted the certificate.

List how many complaints have been made against this bailiff/ enforcement officer and if this is the same Sean Boylan mentioned in Kafagi v JBW Group Ltd, Court of Appeal - Civil Division, May 18, 2018, [2018] EWCA Civ 1157,[2018] WLR(D) 309 before Lord Justice Underhill, Lord Justice Irwin and Lord Justice Singh, who is alledged to have committed various torts on 13 March 2012.

Please also confirm if it is against the law for a bailiff/ enforcement agent to fail to provide their name and company they work for and ID so that it can be checked against the registers and the penalty for failing to do so, and if it is against the law to provide a false name.

Also confirm if any levy or eviction is valid if any of the above are withheld and/ or not complied with as required by law.

Yours faithfully,

Ed Boyce

Hamilton, David (RCJ), HM Courts and Tribunals Service

2 Attachments

Good afternoon

 

Please find attached an acknowledgement of your recent Freedom of
Information Request.

 

 

 

[1]Ministry of Justice David C. Hamilton

Policy Advisor

Civil Procedure & Enforcement Policy

[mobile number].19 102 Petty France London SWI 9AJ

Find out more on [2]People Finder

Follow us on Twitter [3]@MoJGovUK

 

 

 

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Hamilton, David (RCJ), HM Courts and Tribunals Service

2 Attachments

Dear Sir,

please find attached our response to your recent FOI.

 

 

[1]Ministry of Justice David C. Hamilton

Policy Advisor

Civil Procedure & Enforcement Policy

[mobile number].19 102 Petty France London SWI 9AJ

Find out more on [2]People Finder

Follow us on Twitter [3]@MoJGovUK

 

 

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Dear Hamilton, David (RCJ),

Thank you for confirming that it is against the law to withhold identification when required and to provide a copy of a certificate and to give a false name as this would be committing a criminal offence and make it impossible to confirm details held on the Certificated (Bailiff) Enforcement Agent register you maintain to confirm which company the agent is authorised to act on behalf of, if this is incorrect please provide clarification, legal advice is not required.

The information in the links you have provided does not confirm whether this enforcement agent has been known by any other variation of his name or give all dates he has been Certificated for.

The exemptions do not apply to the name of the judge who granted his certificates and the information required is not contained in a court record for the purpose of proceedings and neither are the number of complaints that have been made exempt. The Information Commissioner will be asked to make a decision as to any exemptions.

Yours sincerely,

Ed Boyce

Dear Her Majesty's Courts and Tribunals Service,

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

I am writing to request an internal review of Her Majesty's Courts and Tribunals Service's handling of my FOI request 'SHAUN ANTHONY BOYLAN - Newlyn - Dartford County Court 12 December 2018 - 11 December 2020'.

Information remains to be provided.

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

Yours faithfully,

Ed Boyce

Civil Justice Policy Inbox, HM Courts and Tribunals Service

1 Attachment

Dear Mr Boyce

 

Please see attached. Thank you.

 

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Civil Justice Policy Inbox, HM Courts and Tribunals Service

1 Attachment

Dear Mr Boyce

 

Please see attached. Thank you.

 

 

 

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Ed Boyce left an annotation ()

A reasonable person may conclude that all these people may know each other and have strong links to the Chancery Division of the High Court and the local authority.

'Thank you for the Public Search & Office Copies link that was very useful and for confirming that although an application for a writ of restitution should according to Chancery practice be normally put before a Chancery Master, on this one occasion on Thursday 31 January 2019 it was very unusually put before Mrs Justice Sarah Falk a High Court judge of the Chancery Division, who did in fact give permission for this urgent application notice hearing that was not included in her list for that day, for a High Court Writ of Restitution under case number BR-2018-001576, in the High Court of Justice Business and Property Courts of England and Wales and Companies List (CHD) that was sealed the following day Friday 1 February .

In fact this application was indeed put in by Michael Abram Goldstein Insolvency Practitioner/Trustee solicitors, a partnership firm J E Baring & Co who are based near the Rolls Building and are also the external solicitors used by Maidstone Borough Council, who signed the application in the name of the solicitors' firm on 31 October 2019, and without stating the position or office held when signing on behalf of a firm or company, for a without notice Order in aid of an unlawfully obtained writ of possession order dated 29 November 2018, enforced on 23 January 2019 with extreme violence that could easily have resulted in death.

It is presumed that all documents presented to the court, a witness statement of Mr Goldstein and the No.66 Combined Writ of Possession and Control Order dated 29 November 2018 being highly irregular and issued as if coming out of the Central Office ( Queen's Bench Division) rather than Chancery Chambers and having been made out to a company and not to a named High Court Enforcement Officer assigned to that company.

In this case Court Enforcement Services Ltd and afterwards crossed by hand and replaced with Equita.

Equita Ltd are the same enforcement agents used by Maidstone Borough Council.

The High Court Enforcement Officer for Court Enforcement Services was Simon John Williamson and the High Court Enforcement Officer for Equita still is James William Metcalfe, who assigned out this enforcement work to Newlyn PLC enforcement agents. Newlyn PLC is without an appointed High Court Enforcement Officer.

Companies House records also confirm that the Insolvency Practitioner/ Trustee Michael Goldstein did not become a director of RG Insolvency Ltd until Friday 1 February 2019 (date the writ of restitution was sealed) and the same day that Simon John Williamson HCEO for Court Enforcement Services resigned as a director.'