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Can it be possible for a High Court Judge to misinterpret the law relating to the striking out of a claim under RSC 18/19/11 (i)?
Upon appeal before District Judge Weston's unlawful order striking
out my claim against a fellow judge, of his, under RSC Order 18/19/11 (i)
my appeal came before Mrs. Justice Smith who dismissed it under, what she
said, in her judgement, the power that she had under that self same
Order.
Mrs. Justice Smith did not have the power to dismiss it under that Order and she knew that that self same order demonstrated that the claim had been struck out unlawfully.
Justice Smith's Judgement - [Extract]
I do not think that this action has any chance of success. I
think the action is unsustainable and under the powers which I have under
Ord.18 r.19, I conclude that the action should be struck out, and the appeal
dismissed. [End]
Had she forgotten O. 18/19/11 (i)?
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]
Mrs. Justice Smith, despite her fine principle that: "it must never be asserted that any of us (judiciary) have indulged in any kind of protection of a colleague, however eminent they may be", did dismiss the appeal on the pretext that RSC Order 18/19/11 (i) gave her the power to do so.
Get your house in order Lord Chancellor.
No leave to appeal to Court of Appeal