Is Attending Court Optional

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

George Tsigarides

Dear Her Majesty’s Courts and the Tribunals Service,

I will be grateful if you would confirm the following; as Theresa May confirmed that the government rules by consent:

1. Is attending court optional.

2. Those summoned to court need not do anything nor attend; as it is merely an invitation only to attend - which can be Legally and Lawfully declined without prejudice.

Thank You.

Kind Regards.

Yours faithfully,

George Tsigarides

Rooke, Darren,

Dear Mr Tsigarides,

Thank you for your e-mail. Unfortunatley your request is not being handled under the Freedom of Information Act 2000 (FOIA) as it does not fall under the Freedom of Information regime.

It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). At Section 84 of the Act it states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasions, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

You query simply asks for confirmation in relation to attending court, which I am happy to provide.

In relation to your first question regarding attending court. In a civil & family court it is optional if the individual wishes to attend court, however if they fail to attend a Court order could be made in their absence. It is advisable to attend court so that you can defendant your case, if you do not wish to defend the case, you may inform the court that this is your wish, and that you will not be attending the hearing. A copy of the Judges decision will be sent to you whether you choose to attend court or not.

Finally in response to your last question regarding a witness summons. I have provided you with a link the Civil Procedure Rules that contains all the necessary information you require.


https://www.justice.gov.uk/courts/proced...

Kind Regards
Darren

Darren Rooke

HMCTS Civil Modernisation

HMCTS Courts and Tribunals Development Directorate | 2.13 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8

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George Tsigarides

Dear Darren,

Thank you for your response, which was helpful in part.

I note what you say about family and civil courts - which I understand come under the jurisdiction of Statute Law (also known as the international Admiralty Maritime law of the Sea) - which only apply to citizens or persons - and does not apply to breathing Men and Women who live on (and not in) the land of the United Kingdom.

I will rephrase my questions to determine if you hold adequate records.

Please note that this is not a request for either Legal or Lawful advice.

This is a FOIA request in order to ascertain if HM Courts and the Tribunals Service (HMCTS) holds adequate records in order for HMCTS to fulfil its governmental duties - so please do not fob me off stating that this does not come under the FOIA, or you do not offer Legal advice - please simply confirm the status and answer my questions.

I will be grateful if HMCTS would kindly confirm that it holds adequate records confirming

1. Does HMCTS hold adequate records confirming that it has jurisdiction or otherwise, under governmental Statute Law (also known as the international Admiralty Maritime Law of the Sea), which only applies to citizens or persons; and if HMCTS does not hold such records, kindly please confirm how DCLC can fulfil its governmental duties.

2. Does HMCTS hold adequate records confirming that it has jurisdiction or otherwise, under Common Law, which only applies to Men and Women living on (and not in) the land of the United Kingdom); and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

3. Does HMCTS hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom (and therefore fall under the sole jurisdiction of Common Law) need not attend a family or civil court if summoned - as the jurisdiction is only under Statute Law (also known as the international Admiralty Law of the Sea), which only applies to citizens or persons, and does not apply to living Men and Women; and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

4. Does HMCTS hold adequate records confirming that when Men and Women living on (and not in) the land of the United Kingdom (and therefore fall under the sole jurisdiction of Common Law) are invited to attend a family or civil court, this is merely an invitation only to attend - which can be Legally and Lawfully declined without prejudice, as the invitation only applies to citizens or persons, and not to living breathing Men and Women; and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

5. Does HMCTS hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and must not under any circumstances be classified or treated as citizens or persons, (as citizens or persons are not the same as Men and Women living on (and not in) the land of the United Kingdom) – and as such the only Court that Men and Women should attend is a Common Law Court of Record; and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

6. Does HMCTS hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and are entitled to a Common Law Court of Record, and that Common Law Court of Record must meet the following criteria:
A. generally has a seal
B. power to fine or imprison for contempt
C. keeps a record of the proceedings
D. proceeding according to the Common Law only (and not governmental Statutes or Codes)
E. the tribunal is independent of the magistrate (judge)
and that a judge is a magistrate and is not therefore the tribunal - and the tribunal is either the Sovereign himself / herself (i.e. a living breathing Man or Woman living on (and not in) the Land of the United Kingdom), or a fully empowered jury (which must not under any circumstances be paid by the government) and must not under any circumstances be classified or treated as citizens or persons; and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

7. Does HMCTS hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and are entitled to a Common Law Court of Record, and can HMCTS confirm if a jury (of twelve (12) Good Men and Women True as Sovereigns living on (and not in) the Land of the United Kingdom) is always required in the Common Law Court of Record; and if HMCTS does not hold such records, kindly please confirm how HMCTS can fulfil its governmental duties.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

George Tsigarides

Dear Rooke, Darren,

May I please have a response to my FOIA enquiry.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

Rooke, Darren,

Dear Mr Tsigarides

Thank you for your e-mail. Unfortunatley your request is not being handled under the Freedom of Information Act 2000 (FOIA) as it does not fall under the Freedom of Information regime.

Your requests simply asks if HMCTS hold certain information, all of which are yes/no answers. The request is being dealt with by HMCTS as business as usual correspondence and is currently with the appropriate person for answer. You should expect to receive a reply shortly.

Kind Regards
Darren

Darren Rooke

HMCTS Civil Modernisation

HMCTS Courts and Tribunals Development Directorate | 2.13 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8

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Rooke, Darren,

Dear Mr Tsigarides,

Please could you provide further clarification of what is meant by "hold adequate records" to enable HMCTS to fully respond to your query. It would also be helpful if you can explain the reason for asking the below questions, as this may allow your concern to be identified and in turn allow HMCTS to address accordingly.

I look forward to your reply.

Kind Regards

Darren

Darren Rooke

HMCTS Civil Modernisation

HMCTS Courts and Tribunals Development Directorate | 2.13 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8

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George Tsigarides

Dear Rooke, Darren,

I am simply asking if HMCTS holds paper, electronic or any other media of records, regarding my FOIA enquiries.

I am simply trying to ascertain if HMCTS, as an organisation and all of its employees, are fully aware of the limits and boundaries of your governmental granted jurisdiction - in order to establish if there are any safeguards protecting the people that HMCTS should be serving.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

Rooke, Darren,

Dear Mr Tsigarides,

Thank you for the confirmation. I will forward to the relevant business area for a response to your query.

Kind Regards
Darren

Darren Rooke

HMCTS Civil Modernisation
Telephone: 07464494951

HMCTS Courts and Tribunals Development Directorate | 2.13 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8

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Rooke, Darren,

Dear

Thank you for your further e-mail and explanation. I have been in contact with various business areas and unfortunatley we are still unable to answer your query. We would like to assist you as far as we can, but we need further explanation to fully assist and answer the points your raise.

Kind Regards
Darren

Darren Rooke

HMCTS Civil Modernisation
Telephone: 07464494951

HMCTS Courts and Tribunals Development Directorate | 2.13 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8

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George Tsigarides

Dear Darren,

I am neither surprised nor shocked that you have stated that you are unable to answer my FOIA questions.

I will therefore try to answer them on your behalf.

Please note what my understanding of your organisation and its jurisdiction is; as follows:

1. HMCTS does hold adequate records confirming that it has jurisdiction, under governmental Statute Law (also known as the international Admiralty Maritime Law of the Sea), which only applies to citizens or persons; and its jurisdiction does NOT apply to the Men and Women living on the land of the United Kingdom .

2. HMCTS does hold adequate records confirming that it does not have ANY jurisdiction, under Common Law, which only applies to Men and Women living on (and not in) the land of the United Kingdom).

3. HMCTS does hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom (and therefore fall under the sole jurisdiction of Common Law) need not attend a family or civil court if summoned, as it is an internal court of the corporation known as HMCTS - and only applies to its employees.

4. HMCTS does hold adequate records confirming that when Men and Women living on (and not in) the land of the United Kingdom (and therefore fall under the sole jurisdiction of Common Law) are invited to attend a family or civil court, this is merely an invitation only to attend - which can be Legally and Lawfully declined without prejudice, as the invitation only applies to citizens or persons, and not to living breathing Men and Women; and these persons or citizens are defined as employees of the corporation known as HMCTS.

5. HMCTS does hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and must not under any circumstances be classified or treated as citizens or persons, (as citizens or persons are not the same as Men and Women living on (and not in) the land of the United Kingdom) – and as such the only Court that Men and Women should attend is a Common Law Court of Record; and not an internal court of the corporation known as HMCTS purely for its own employees.

6. HMCTS does hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and are entitled to a Common Law Court of Record, and that Common Law Court of Record must meet the following criteria:
A. generally has a seal
B. power to fine or imprison for contempt
C. keeps a record of the proceedings
D. proceeding according to the Common Law only (and not governmental Statutes or Codes)
E. the tribunal is independent of the magistrate (judge)
and that a judge is a magistrate and is not therefore the tribunal - and the tribunal is either the Sovereign himself / herself (i.e. a living breathing Man or Woman living on (and not in) the Land of the United Kingdom), or a fully empowered jury (which must not under any circumstances be paid by the government) and must not under any circumstances be classified or treated as citizens or persons.

7. HMCTS does hold adequate records confirming that Men and Women living on (and not in) the land of the United Kingdom fall only under the jurisdiction of Common Law, and are entitled to a Common Law Court of Record, and a jury (of twelve (12) Good Men and Women True as Sovereigns living on (and not in) the Land of the United Kingdom) is always required in the Common Law Court of Record.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

Helen Borodzicz left an annotation ()

George, you ask if attending court is optional. The nub of the answer is our style of delivery of justice. Namely, we, unlike most European countries, have an adversarial system. They have an inquisitorial system.
Briefly and in very simplified form: In our system the judge just decides which party has the better arguments. In the inquisitorial system there is a search for truth.
In the adversarial system one fails to attend court at one's peril as the judge is not permitted to take sides.

George Tsigarides

Dear Rooke, Darren,

May I please have a reply to my last email.

thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

George Tsigarides

Dear Rooke, Darren,

I would like to withdraw this FOIA Request.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides