Court Seal Scam

Anthony Badaloo made this Freedom of Information request to Ministry of Justice

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

Waiting for an internal review by Ministry of Justice of their handling of this request.

Anthony Badaloo

Dear Ministry of Justice,

Do the following items to the Upper Tribunal, have to comply with the County Court Act 1984 s.135, in that they have to be Sealed by the Court:-

a) The application
b) The Order
Yes or No?

Is it a Criminal Offence, if the Application, and/or the Order, have not been duly SEALED by the Court, yes or no?

Yours faithfully,

Anthony Badaloo

HMCTS Customer Service (Correspondence),

Thank you for your enquiry.

Upper Tribunals do not have to comply with the County Court Act 1984. They are governed by Tribunal procedure rules.

Christine Worsley | HM Courts & Tribunals Service | Customer Investigations Team | Customer Directorate
10th Floor (10.34)  |  102 Petty France |  London |  SW1H 9AJ
 e-mail: [email address]

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Anthony Badaloo

Dear HMCTS Customer Service (Correspondence),

So is the Upper Tribunal then a Court of Law, yes or no ?
If the Upper Tribunal fails to Issue an Order, within the prescribed time, is the proceedings Void yes or no?
Is the Upper Tribunal operating outside the Laws of England and Wales, yes or no?
Can the Upper Tribunal operate on different procedures for the two opposing parties, yes or no?
Does the Upper Tribunal have to comply with the Human Rights Act 1998, yes or no ?
Does the Upper Tribunal, have a right in Law, to publish DATA on a case, when no Order has been issued, yes or no?

Yours sincerely,

Anthony Badaloo dipPFS ACPA

HMCTS Customer Service (Correspondence),

Dear Mr Badaloo

Thank you for your further e-mail.

"So is the Upper Tribunal then a Court of Law, yes or no ?"

It is unclear what definition of "Court of Law" you may mean in your question, but the Upper Tribunal is established as a tribunal for the purpose of exercising functions conferred to it by Acts of parliament, so you may consider it to be a Court of Law. It may help if I add that the Upper Tribunal is a superior court of record, created by the Tribunals, Courts and Enforcement Act 2007.

"If the Upper Tribunal fails to Issue an Order, within the prescribed time, is the proceedings Void yes or no?"

As Ms Worsley explained in her previous reply, the Upper Tribunal is governed by procedure rules, and there are different procedure rules for each Chamber of the Upper Tribunal. It is not clear what prescribed time to issue an order you are referring to, and which Chamber of the Upper Tribunal you think this time may be prescribed for. If your question relates to a failure to issue an order in a specific case that you are involved in, then you may wish to contact the Chamber of the Upper Tribunal dealing with the case, or seek independent advice, to ask about the implications of the order not being issued. You can find contact details, and more information for each of the four Chambers of the Upper Tribunal online at https://www.gov.uk/courts-tribunals/uppe..., https://www.gov.uk/courts-tribunals/uppe..., https://www.gov.uk/courts-tribunals/uppe... and https://www.gov.uk/courts-tribunals/uppe....

"Is the Upper Tribunal operating outside the Laws of England and Wales, yes or no?"

No, the Upper Tribunal operates within the laws of England and Wales.

"Can the Upper Tribunal operate on different procedures for the two opposing parties, yes or no?"

The Upper Tribunal operates in accordance with relevant procedures rules, practice directions and other governing legislation. These set out how the Upper Tribunal works in relation to opposing parties to an appeal. If you are concerned about opposing parties being treated differently for a specific case you are involved in, and believe this is not being done appropriately, then again you may wish to contact the Chamber of the Upper Tribunal dealing with the case to raise your concern.

"Does the Upper Tribunal have to comply with the Human Rights Act 1998, yes or no ?"

The Upper Tribunal does have to comply with the Human Rights Act 1998 where sections of that Act apply to its work. If you need more advice or information on the Human Rights Act and how it may apply to the Upper Tribunal, then you may wish to seek independent advice.

"Does the Upper Tribunal, have a right in Law, to publish DATA on a case, when no Order has been issued, yes or no?"

The Upper Tribunal may have a right in law publish data on a case, for example decisions. Whether this can be done in the circumstances described in your question will again depend on the Chamber of the Upper Tribunal dealing with the case, the type of data you are referring to and the type of order that has not been issued. Again, if you are concerned that you believe data has been published for a specific case when it should not have, then you may wish to contact the Chamber of the Upper Tribunal dealing with the case to ask about this.

I hope this information is helpful.

Yours sincerely

Neville Collins
Customer Investigations Manager | HM Courts & Tribunals Service Customer Service Directorate
Email: [email address]

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Anthony Badaloo

Dear HMCTS Customer Service (Correspondence),

So you have confirmed :- 1)The Huiman Rights Act 1998 applied to the Upper Tribunal
2) The Upper Tribunal IS a Court of Law based on an Act of Parliament.
3) The Upper Tribunal is governed by the laws of England and Wales
4) The County Court Act 1984 s.135 does not apply to the Upper Tribunal
5) Each Chamber in the Upper Tribunal have different rules and procedures in the
Issueing of Orders.
6) The Administration does not know what the "Prescribed Time" to issue an order is.

Request:- A) Answer the question "Does the Upper Tribunal, have a right in Law, to publish DATA on a case,
when no ORDER has been issued, yes or no?
B) As the Tribunal is a Court, is an order required to be issued following judgement, yes or no?
C) Is a photocopy of a signature placed on a paper from the Upper Tribunal, a valid and lawful
document, yes or no?
D) Is the Upper Tribunal there to establish the True Facts in a dispute, yes or no?

All questions apply to the Tax and Chancery Chamber.
I require you to answer, in compliance with your common law duty, to be Open and Transparent.

Yours sincerely,

Anthony Badaloo

HMCTS Customer Service (Correspondence),

Dear Mr Badaloo

Thank you for your further e-mail.

The procedure rules, practice directions and statements that apply to the Upper Tribunal (Tax and Chancery Chamber) can be accessed via the address https://www.gov.uk/courts-tribunals/uppe....

In answer you your further questions:

A) Answer the question "Does the Upper Tribunal, have a right in Law, to publish DATA on a case, when no ORDER has been issued, yes or no?

I am unable to answer this with a yes or no. As per my previous answer to this question, the Upper Tribunal (Tax and Chancery Chamber) can publish some data on a case. Whether it can publish data before an order has been issued depends on what the specific data being published and order not yet issued are. Again, if this question is about a specific case you are involved in where you are concerned about data being published, then you may wish to contact the Upper Tribunal, or seek independent advice.

B) As the Tribunal is a Court, is an order required to be issued following judgement, yes or no?

This question also cannot be answered with a yes or no; any judgment made, and any order that might follow a judgment, are matters for the judiciary at the Upper Tribunal to consider, acting in an independent judicial capacity, and will depend on the specific details of the case and the type of judgment and order.

C) Is a photocopy of a signature placed on a paper from the Upper Tribunal, a valid and lawful document, yes or no?

The validity of a photocopy of a signature, if put before the Upper Tribunal as part of an appeal, is a matter for the judiciary to consider in their independent capacity.

D) Is the Upper Tribunal there to establish the True Facts in a dispute, yes or no?

Again, general information about the role of the Upper Tribunal (Tax and Chancery Chamber) is available at the above address. Establishing true facts in a dispute may be part of what the Upper Tribunal considers. Again this will depend on the specific nature of the appeal before the Tribunal, and is ultimately a matter for the judiciary, acting in their independent capacity.

I hope this further information is helpful. If your questions do relate to a specific case that you are party to then I would once again suggest that you may wish to contact the Tribunal directly if you have any concerns about the handling of the case, or seek independent advice if you need further advice or guidance. The administrative staff at HM Courts & Tribunals Service are not legally qualified and must maintain an impartial position in all proceedings, so cannot give legal advice.

Yours sincerely

Neville Collins
Customer Investigations Manager | HM Courts & Tribunals Service Customer Service Directorate
Email: [email address]

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Anthony Badaloo

Susan Acland-Hood CEO, (HMCTS)
Your staff and agents, for whom you bear vicarious liability, under the Companied Act 1985, and the Fraud Act 2006 s.12, are refusing to answer simple questions, and have made the following statements:-

So you have confirmed :-
1)The Huiman Rights Act 1998 applies to the Upper Tribunal
2) The Upper Tribunal IS a Court of Law and a Court of Record, based on an Act of Parliament.
3) The Upper Tribunal is governed by the laws of England and Wales
4) The County Court Act 1984 s.135 does not apply to the Upper Tribunal
5) Each Chamber in the Upper Tribunal have different rules and procedures in the
Issueing of Orders.
6) It is not clear cut, whether or not the Upper Tribunal has to issue an order, following a trial.
7) The Administration of the Upper Tribunal does not know what the "Prescribed Time" to issue an order is.
8) It is not clear cut, whether or not, the upper Tribunal can Legally and Lawfully publish a decision, before
a Sealed Order has been Issued By the Court.
9) The Upper Tribunal, being a Court of Record, does maintain Computerised Court Records.

REQUEST:- Confirm by return, if the above 1-9, are correct, yes or no in each instance.

In case you are unwilling or unable to comply with my request, pursuant to your Common Law Duty to be open and transparent. provide the reason.

Anthony Badaloo

HMCTS Customer Service (Correspondence),

Dear Mr Badaloo

 

Thank you for your further email of 10 June addressed to Susan Acland-Hood
as Chief Executive of HM Courts & Tribunals Service (HMCTS). I have been
asked to reply on her behalf.

 

You have previously asked several questions in relation to the Upper
Tribunal, which my colleagues have endeavoured to answer in their
administrative capacity. You have now asked for Mrs Acland-Hood to confirm
if the nine points you have listed are correct. I am sorry but it is not
possible for Mrs Acland-Hood to provide you with support at the level you
require. The questions you ask are not part of HMCTS’ administration and
should be answered in an independent capacity by a legal advisor.

 

As previously explained, administrative staff at HMCTS are not legally
qualified and therefore there is nothing further I can usefully add to the
previous replies you have received. I must ensure that tax payers’ money
is used effectively. For this reason and in line with HMCTS’ procedures,
we will not be replying again unless you raise new issues. This will also
apply to any letters sent to named government officials such as the Prime
Minister which are passed to this department for response. Any letters
which raise new issues will of course be answered in the normal way.

 

Yours sincerely,

 

C Green

Customer Investigations Manager

Customer Directorate | HM Courts & Tribunals Service

 
 

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NOTICE AND REQUEST

Dear HMCTS Customer Service (Correspondence),
Susan Acland-Hood CEO, (HMCTS)
I require answers please, not Fraud Act Concealment of lawful information.

Your staff and agents, for whom you bear vicarious liability, under the Companied Act 1985, and the Fraud Act 2006 s.12, are refusing to answer simple questions, and have made the following statements:-

So you have confirmed :-
1)The Huiman Rights Act 1998 applies to the Upper Tribunal
2) The Upper Tribunal IS a Court of Law and a Court of Record, based on an Act of Parliament.
3) The Upper Tribunal is governed by the laws of England and Wales
4) The County Court Act 1984 s.135 does not apply to the Upper Tribunal
5) Each Chamber in the Upper Tribunal have different rules and procedures in the
Issueing of Orders.
6) It is not clear cut, whether or not the Upper Tribunal has to issue an order, following a trial.
7) The Administration of the Upper Tribunal does not know what the "Prescribed Time" to issue an order is.
8) It is not clear cut, whether or not, the upper Tribunal can Legally and Lawfully publish a decision, before
a Sealed Order has been Issued By the Court.
9) The Upper Tribunal, being a Court of Record, does maintain Computerised Court Records.

REQUEST:- Confirm by return, if the above 1-9, are correct, yes or no in each instance.

In case you are unwilling or unable to comply with my request, pursuant to your Common Law Duty to be open and transparent. provide the reason.

Anthony Badaloo

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Court Seal Scam'.
I am entitled to and answer, and Susan Acland Hood has an entire 68,000 staff, under her jurisdiction, who act on her behalf, and for which accepts full remuneration.
Using Bullying tactics, to conceal the answers to my simple and lawful questions, is not an option, under the law, and is clear violation of the Fraud Act 2006 s.3 - Failure to disclose information, which the law requires to be disclosed.
Please comply with my overdue request.

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

Yours faithfully,

Anthony Badaloo