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My claim against Judge Simpson having been unlawfully struck out by D/Judge Weston and my appeal against that unlawful order having been unlawfully dismissed, or struck out by Justice Smith on the pretext that she relied on order RSC Ord. 18/19/11 para.(i) I applied for leave to appeal to the Court of Appeal.
[Extract from LJs Saville's and Morritt's judgement]
http://www.100megsfree.com/sonny/saville.html
In those circumstances, despite the help given to us by Mr Hulbert
this morning, I am bound to say that I must conclude that the chances of
him succeeding in an appeal from Mrs Justice Smith are virtually non- existent,
and in those circumstances the application for leave to appeal must be
refused. [End]
Again it must be pointed out that the L/Justices were aware of
RSC Ord.18/19/11 (i) quoted again here:-
Principles: RSC 18/19/11 para (i)
So long as the statement of claim or the particulars (Davey v
Bentink [1893] 1 Q.B. 185) disclose some cause of action, or raise some
question fit to be decided by a judge or a jury, the mere fact that the
case is weak, and not likely to succeed is no ground for striking
it out. [END]
Four Judges' relying on an order that makes it manifest that the order they rely on to strike the claim out forbids such stiking out as being weak or unsustainable.
Conclusion:
District Judge Weston;
Mrs. Justice Smith;
LJs Saville & Morritt; all obstructed justice for the protection
of a colleague in the absolute knowledge that they had no power to do so
under RSC. Order 18/19/11 (i).
Get your house in order Lord Chancellor.
Justice Smith
D/Judge Weston