Sunday, August 05, 2007
Where's the judgment?
The linked story is about the failure of the system to provide judgments to two parents at Liverpool County Court.
Without the judgment they cannot appeal to the Court of Appeal. The system of correcting unlawful decisions at a lower court is, therefore, blocked.
This is not a trivial issue. It undermines the whole process of law. I am told that frequently parents' solicitors prevent the parents from getting their judgments. Without the judgment they cannot appeal either in person or through another firm.
There is an argument that you can appeal on the basis that you haven't been given the judgment. We may try that in the future. However, generally people have been bounced from the European Court and the Court of Appeal because they don't have the judgment. posted by John Hemming ¶ 8:06 am
Without the judgment they cannot appeal to the Court of Appeal. The system of correcting unlawful decisions at a lower court is, therefore, blocked.
This is not a trivial issue. It undermines the whole process of law. I am told that frequently parents' solicitors prevent the parents from getting their judgments. Without the judgment they cannot appeal either in person or through another firm.
There is an argument that you can appeal on the basis that you haven't been given the judgment. We may try that in the future. However, generally people have been bounced from the European Court and the Court of Appeal because they don't have the judgment. posted by John Hemming ¶ 8:06 am
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At the end of last week, after The Sunday Telegraph took up the cases with the Judicial Communications Office in London, officials issued an apology within hours and finally pledged that both women would receive the vital documents within days.QUOTE
Why is it when the media became involved the documents become available.
The courts are obviously breaking the law in withholding judgments,probably to satisfy social services so that the child is settled with adopters. therefore no chance of returning home to its mother.
The underhand methods used in these courts is not much different to those in South American countries.
I don't know how these top judges can defend the courts and make out they are thinking of our best interests by keeping the courts closed.
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Why is it when the media became involved the documents become available.
The courts are obviously breaking the law in withholding judgments,probably to satisfy social services so that the child is settled with adopters. therefore no chance of returning home to its mother.
The underhand methods used in these courts is not much different to those in South American countries.
I don't know how these top judges can defend the courts and make out they are thinking of our best interests by keeping the courts closed.
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