Substantiation of "Strike Out" action

HM Courts and Tribunals Service did not have the information requested.

Dear Her Majesty’s Courts and the Tribunals Service,

Re County Court Claim No B7Q7838

In this matter the Defendant entered a defence that the Claim had been made contrary to an existing Civil Restraint Order.

In consequence, following reference to the issuing Judge, HH Judge Simpkiss the Claim was ordered “Struck Out” without a hearing

This Order restrains me from “making applications in any court concerning any matter involving or relating to or touching upon or leading to the proceedings in which the order is made without first obtaining the permission of a judge identified in the order”

I therefore request that you provide a copy of all the evidence

(a) submitted to the Court

(b) considered by the Court at its own volition

that demonstrates that this Claim concerns “any matter involving or relating to or touching upon or leading to the proceedings to which the order related.“

Yours faithfully,

Michael Piesse

Dear Her Majesty’s Courts and the 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 the Tribunals Service's handling of my FOI request 'Substantiation of "Strike Out" action'.

This FOIA request is now VERY substatially overdue - in case you choose to avoid answering by considering that it involves 'my personal information' you may wish to check the regulations to see that, if so, this is also a valid SAR request such as to similarly warrant response.

Thank you

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,

Michael Piesse

Data Access & Compliance Unit, HM Courts and Tribunals Service

1 Attachment

Dear Mr Piesse,

Please find attached our response to your recent information request.

Data Access & Compliance Unit

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Dear Data Access & Compliance Unit,

RE your advice

2. What information you still need to provide:

In order for us to process your request we require the following from you:

 A £10 fee
The MoJ charges a fee of £10 for this service in line with the provisions of the DPA. The fee can be paid by either cheque or postal order and should be made payable to ‘Her Majesty’s Paymaster General’ or ‘HMPG’ – please do not send cash – this will be returned to you.

 Proof of Identity
Proof of identity can be confirmed by providing a copy of a recent utility bill and a copy of the photograph page of your passport or driving licence.

Please as an FOI request provide a copy of the authority you rely upon within the DPA for the above-stated requirement for "Proof of Identity"

Yours sincerely,

Michael Piesse

Data Access & Compliance Unit, HM Courts and Tribunals Service

1 Attachment

Dear Michael Piesse

 

Please find attached the response to your recent FOI.

 

Kind regards,

 

Data Access and Compliance Unit  | Communication and Information
Directorate | Ministry of Justice 10.34, 102 Petty France, London, SW1H
9AJ

| [1]www.gov.uk/moj | @MoJGovUK | @MoJPress

Working together to build a safe and just society

 

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Dear Data Access & Compliance Unit,

Thank you for your reply in which you state that your a data controller

"(a) reasonably required further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks,"

as you had my name and a return (email) address - both of which you have chosen to rely upon and use please advise the 'reasonable requirement' you considered it necessary to satisfy.

I would also ask that you provide an approximate cost (time and financial) for the production and despatch of your request and a similar estimate for the cost involved in dealing with this reply and my outstanding request, please

Thank you

Michael Piesse

Yours sincerely,

Michael Piesse

Data Access & Compliance Unit, HM Courts and Tribunals Service

1 Attachment

Dear Michael Piesse

 

Please find attached the response to your recent FOI request.

 

Kind regards,

Data Access and Compliance Unit  | Communication and Information
Directorate | Ministry of Justice 10.34, 102 Petty France, London, SW1H
9AJ

| [1]www.gov.uk/moj | @MoJGovUK | @MoJPress

Working together to build a safe and just society

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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Helen Borodzicz left an annotation ()

Michael, it sounds as if your claim was struck out under Civil Procedure Rules Practice Direction 3C para 2.3.
Was the claim against the person who had obtained the civil restraint order. If so it would have been immediately suspect.
The need to first obtain permission from a judge to bring a claim can have its advantages as you get a (free) opinion from a professional! Apparently you did not seek permission.
Civil restraint orders are a relatively new phenomenon. They were introduced by the top judges on the Civil Procedure Rule Committee for, in my view, entirely selfish reasons: they could not bear having to deal with the large numbers of LIPs which were the result of government cuts in legal aid.
But one can see it from their point of view. They did not climb up the legal ladder only to have to constantly deal with amateurs who don't understand the system or the law.
Our adversarial (as opposed to the European inquisitorial) system does not help either as it is designed for lawyers to put arguments, the judge simply deciding which side had the better arguments.
Being optimistic the new Justice Secretary, Michael Gove, seems open to new ideas.