Press Release - BA02D00472 – Questions for the Court

On the basis that Justice must be SEEN to have been done, I ask the Court to answer the following five questions:-

  1. Upon detailed assessment, is it acceptable for a family solicitor to increase the hourly RATE charged over that used in calculating the costs declared in Form H? (If so, why does this not undermine Section 2.61F of the Family Proceedings Rules 1999?) In this case FDC Law DOUBLED that rate.
  2. Is a family solicitor entitled to charge her Client MORE simply because and order for costs has been made against the other party?
  3. Is it acceptable for a solicitor to be paid two and a half times for the SAME work when there is "no order for costs" relating to that work? In this case paid once by the Client and 1.5 times by ME?
  4. I have been a company director since 1988. If I were to pursue Customer A through the Courts for not only his bill, but also the bill of Customer B, I am sure I would be guilty of Criminal Fraud. Why is it not seen as fraud when the perpetrator is a solicitor and so-called "officer of the court"?
  5. Is the ruling of Henry L J in Bailey Vs IBC Vehicles past its sell-by date? According to Henry L J signing a false declaration on a bill of costs is "a most serious disciplinary offence". In this case solicitor Ben Whelan ALSO signed a false declaration claiming, £1,000’s FDC Law was not entitled to. The ACLD fined costs draughtsman Nigel Long for his part in this and yet the SRA refuse to act in the case of Whelan. Should the High Court take action? If not, why not? Surely this is tantamount to criminal fraud?

These questions, the Court’s answers (and any rulings), my skeleton arguments and a transcript of the judgement of His Honour Judge John Mitchell will be placed in the public domain here http://www.lcs-test.co.uk/highcourt.htm

Court 8
Before HIS HONOUR JUDGE MITCHELL
(also sitting as a Judge of the High Court)
Friday, 20 November, 2009
At 10:00 AM
Applications/Summonses in Court as in Chambers
BA02D00472

http://www.hmcourts-service.gov.uk/cms/list_prfd.htm