Statute law

ben addison made this Freedom of Information request to Ministry of Justice

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Dear Sir or Madam,

please can you supply me with information on the point wereby it was first decided that statute law superceded common law, whether this is a statute, case precedent, or any other form of documentation.
many thanks

Yours faithfully,

Benjamin addison

Data Access & Compliance Unit, Ministry of Justice

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If your message was a request for information please be advised that your
request is being dealt with and you will receive a written ackowledgement
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Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

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ivanataylor left an annotation ()

I have made note of the fact, that in order to enforce Statutes and Acts, the policeman/woman are placed themselves, in a position often, of actually breaking Common Law, to which, they are duty bound, under Oath to uphold. Just an observation. Policemen/Women are NOT sworn, to any Oath, to enforce Statutes or Acts. If we are governed by consent to Statutes and Acts, then why are we forced by police officers? It would appear that anything other than Common Law, does not apply to justice. No wonder, all we get is injustice, at the hands of Money generating corporations. Since when, did statutes, acts and enforcement of such legislation, NOT LAW, override Common Law?

Dear Sir or Madam,

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 'Statute law'.

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

Yours faithfully,

ben addison

Data Access & Compliance Unit, Ministry of Justice

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

This e-mail (and any attachment) is intended only for the attention of the
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Data Access & Compliance Unit, Ministry of Justice

Dear Mr Addison, Can you provide me with your case reference number so I
can check the progress of your case.

Regards

Data Access and Compliance Unit
6TH floor 102 Petty France.
Post point 6.25
London
SW1H 9AJ

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Ms Chadwick (Account suspended) left an annotation ()

Take Note:

they never give you a case reference its just a delaying tactic, where-by they can buy more time and give you the round around

this is what they do when they don't want to answer

Dear Data Access & Compliance Unit,

The reason i have asked for an internal review is due to the fact i was given no case reference number, my request was not answered and has been ignored. The request for an internal review gave a link to the request that i previously made.
For that reason i cannot give you a case reference number. I still wish to have an internal review into my request, again the previous letter gave all the details necessary.

Yours sincerely,

ben addison

Data Access & Compliance Unit, Ministry of Justice

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

This e-mail (and any attachment) is intended only for the attention of the
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permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

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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.

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Dear Sir or Madam,

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 'Statute law'.

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

The reason i have asked for an internal review is due to the fact i was given no case reference number, my request was not answered and has been ignored. For that reason i cannot give you a case reference number. I still wish to have an internal review into my request.

Yours faithfully,

ben addison

Data Access & Compliance Unit, Ministry of Justice

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

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
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Communications via the GSi may be automatically logged, monitored and/or
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Data Access & Compliance Unit, Ministry of Justice

1 Attachment

Dear Mr Addison,

Please find attached your acknowledgement to your request for an
Internal Review.

Yours sincerely

Hannah Law

(sent on behalf of Carl Pencil)

Data Access & Compliance Unit

Postal Point 6.25, Zone B

102 Petty France

London SW1H 9AJ

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.

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.

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.

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Williams, Tania, Ministry of Justice

1 Attachment

Dear Benjamin Addison,

With sincere apologies for the delay in responding, please see attached
response to your question of 15 September regarding the status of common
law and statute within the English legal system.

Best regards,

Tania Williams.

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Pencil, Carl, Ministry of Justice

1 Attachment

  • Attachment

    Complaint 62030 the Mr Ben Addison review time complaint of handling of request case reference TO255455 TOO9 5866.doc

    53K Download View as HTML

Dear Mr Addison

Please find attached a response to your complaint about the length of
time it took to respond to your information request regarding the status
of the common law and statute law within the English legal system.

Kind regards

Carl Pencil

FOI/DP Appeals Adviser Case Officer

The Ministry of Justice

Information Directorate

Data Access and Compliance Unit [DACU]

The Internal Review Team

6th Floor, Area B

102 Petty France

London

SW1H 9AJ

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.

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.

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.

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Dear Mr Pencil,

I am sorry to trouble you further but i feel the question was not answered. As far as my understanding goes common law was used before statute law was invented, therefore common law was once the supreme law of Britain. With the invention of statute law it did not hold supremacy over common law at first, this was a later adjustment. For this reason i wish to know if there is a copy of the common law, statute law or any other documents that show the transfer of supremacy.
Failing that can you please explain the process and how it happened

Yours sincerely,

ben addison

Pencil, Carl, Ministry of Justice

Mr Benjamin Addison
E-mail
'[email address]'

Dear Mr Addison

I am writing in response to your e-mailed queries of the 5th December
2009.

You asked the following questions:

(1) Whether there is a copy of the common law, statute law or any other
documents that show the
transfer of supremacy?

(2) Failing that can you please explain the process and how it happened?

As an internal reviewer I can investigate when a response sent by the
Ministry of Justice has withheld information stating that an exemption
under the Freedom of Information Act applies.

I can also investigate if a response states information is not held. In
that situation I can investigate whether on the balance of
probabilities, information within the scope of a Freedom of information
request is held. Such conclusion would be based on the explanation of
the searches carried out for this information and what this suggests
about the quality, scope, rigour and efficiency of these searches.

Alternatively, I can investigate if a request has not been responded to
within statutory deadlines set out in the Act which is what I did.

However, it is not within my remit as a reviewer to confirm whether
information provided is correct or to consider new requests as these
should be sent to the [email address] to assign to the
first request team.

Follow up queries can be answered by policy officials who provided the
original response. On the 7th December I sent your further queries to
the policy official who will address these separately.

I hope this helps.

Yours Sincerely

Carl Pencil

Data Access and Compliance Unit

Internal Review Team

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Williams, Tania, Ministry of Justice

1 Attachment

Dear Mr Addison,

Please find attached a response to your recent enquiry on the principles
of law.

I hope you find this information useful.

Tania Williams

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.

Peter Offen left an annotation ()

I would advise any reader to treat the answer given by Tania as nonsense. Do your own research and don't expect anything sensible from these traitorous bodies. I have so many times now seen silly answers - made up it seems - from such people.

JohnM left an annotation ()

Except that she has written "Statute law has not, however superseded the common law"

Note the word "NOT"

john Timbrell left an annotation ()

Just a note to say I was given the same runaround when I complained about two Gloucester Judges not complying with the Civil Procedure rules. Of no use unless anyone eventually wants to use the 'shoebox ' approach. i.e. if you collect numerous similar instances and then complain it is hard for them to deny that there has been a consistent intention to confuse members of the public.

Rob left an annotation ()

I just read this and noticed something of interest, not sure if you did and it's blatant but here goes.

In the correspondence from tania williams she states that common law and statute law both exist in the legal system. So this means that it is undeniable that it exists.

She secondly states the statutes have supremacy over common law. ... Wait for it...

Thirdly states it was a gradual process where by essentially the people gave the power to parliament to create laws through legislation, statutes and there is no specific document/written change that shows the change in supremacy.

Therefor does this not mean in a court of law if you were to take to the "government" to court for illegitimate claims throughout the past and currently for a given claim where a penalty/fine/punishment is given, on the basis that the courts have NO PROOF that the statutes supersede common law. If there is no proof and seeing how statute system was built on precedent then it is impossible to enforce is it not. I mean if you going to state a change in affairs in terms of law then it would be stated-written-documented.
In the other hand if it wasn't stated in a document then it ignored its own ruling on precedents or didn't consider it. But I don't see how it would not consider it unless it was on purpose....

Also at which point did the statutes start being enforced through the courts... It does sound a bit like the whole court system being essentially run by services where you just sit stand and talk to get paid just caught on because people in parliament or law are just money grubbing people with no real trade skills, and it would obvious result in more court cases as statutes are now possible to break as well as common laws.

I think that it's good to have some statutes that exist but only to ones that are not oulined in the magma carta. The changes that apparently supersede the common law is I feel wrong. Does create justification for everyone thinking that the new system is a commercial entity

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