In the County Court at Nottingham Case number 3YK08479
British Gas –v- John Kenneth Browne 21 February 2016
Statement of objections to directions order of HHJ Godsmark and my grounds of appeal on 30.03.16
Dear designated Judge,
I am in receipt of your directions order 15/02/2016 received by me 18/02/16 10.30am and note that the wording of the order is clearly designed to undermine me and my grounds of Appeal that are indisputable. In the interests of Justice and the possibility of bias under the HRA I request that my appeal against the order of DJ Macmillan be transferred to London. That I should have done in the first place. As the County Court’s clear intention is to find a way around the incompetence of two DJ’s Millard/ Macmillan in their over enthusiasm to believe BG without question. There is no doubt that BG dishonestly misled two DJ’s with intent to deceive. This resulted in the Litigant in person been deprived of his rights and his property illegally. This is an extreme and provable example of how BG has misled DJ Hale, DDJ Roberts and HHJ Godsmark and recorder Poidevin and now DJ Millard and DJ Macmillan that has led to a gross miscarriage of Justice.
The charging order of DJ MacMillan must be rescinded and the charge withdrawn from my property forthwith. Any other decision would be a travesty of Justice, an abuse of the process and clearly “without merit” or even fraud and embezzlement by British Gas as there is no order to that effect. The Court would be guilty of aiding and abetting British Gas obtaining money and advantage under false pretences at the very least. Designed to pressurise, intimidate and disadvantage the Litigant in Person in order that he will be so undermined that he will give up due to frustration. That has been the strategy all along for 7 years by British Gas and 3 years by the County Court that is still work in progress. The most important factor of all is the MINDSET of the Judges involved. The clear intent is to find a way to white wash the Officers of the Court Moon Beever and DJ Millard & DJ Macmillan. No doubt the Judge will find a way of demolishing and penalising the defendant regardless of the evidence to the contrary. I have vast experience of the County Court’s contempt for me. The question is WHY?
- The directions order tone clearly favours British Gas. Example I am given 24 hours to comply and British Gas are given 16 days in what is clearly an open and shut case. They have no defence whatsoever, are they “Without Merit”?
- I am invited to submit grounds of defence. I did this many times over the past 3 years that are still applicable to this Appeal. Ignored throughout all the hearings. These defence items included six (6) bundles containing at least 20 items each. A six page defence document and questionnaire never answered produced by a barrister. My own versions of defence four pages. All supplied by myself to the County Court and the officers of the Court that were sent be recorded delivery. None of which have seen the light of day since or perused or referred to or questioned at any of the hearings. The proof is in the transcripts, no mention, that were ignored also. Regardless of all these facts the Court on the 06/08/2014 certified my defence as “without Merit” having never seen the defence documents never mind perused or questioned to the defendant.
- This order is exactly an example of all orders throughout this matter since March 2013. The Court has showed favour to British Gas and ill will towards me at all times at all hearings and in all orders and also in these directions. Contrary to recommendations as to how Litigants in person must be treated. See Handbook for LIPs written by three Judges.
- The applications for the charging order should only have contained the £4,612.58. Not £327.50 or 42,854.49.The charging order was simple wrong and must be rescinded forthwith and the charge on my property of £42,284,49 withdrawn forthwith. Interest will have been charged on this sum and must be refunded also.
- The tone of the directions clearly shows the MIND SET of the Judge involved showing antagonism and ill will towards the LIP.
- I now request that this Order be set aside and a hearing set down for directions to be made bearing in mind the details and evidence of the matter leaving aside intimidation. These directions, in the interests of Justice and fair play, should be made by the Civil Appeals Court.
- That the matter be transferred to the CAC London as due to vast experience I have no trust in the Nottingham Judiciary. I do have the right in the circumstances of this Appeal under the Human Rights Act alone. That has been denied to me so far.
- I request that this matter be heard by a jury who would find in my favour without hesitation. The Court and BG are fully aware of this and will object unreservedly.
At no time during these proceedings did any judge examine my 5 bundles of evidence or my defence documents or my skeleton arguments. They did not want to know Mr Browne has to be seen off. The proof of this is in the transcripts of all the hearings available for examination. I have paid for these that BG continues to use in their quest. I request that the Court consider this totally unfair and order BG to pay to Mr Browne £500. All this would have been unnecessary had any judge sought a compromise between the parties that was available at all times in 2013/4.
We now have Judge Number 23 (see list of Judges) involved in this matter. Mr Justice Jay of the 16/02/2016 who without examining my statement and numerous exhibits or my defence documents or my 6 bundles of evidence had no hesitation in granting a Civil Restraining Order against me with costs to BG. What BG wants BG gets? His reasons were the number of “Without Merit” orders in response to BG applications. Having examined this it turns out that only one hearing certified my defence as “Without Merit” and that was the hearing 06/08/2014 in which all my defence documents were ignored. All the others were copycat orders of the 06/08/2014 that were on the Judges own volition without any hearing or discussion whatsoever. Particularly the refusal of a hearing by Mr Justice Males who actually quoted the order of HHJ Godsmark 06/08/2014, the Judge I am appealing against, as his reason to refuse. This clearly shows the determination of all judges to see me off without examining me or the evidence as they just copied HHJ Godsmark 06/08/2014 order. As no hearings were involved these judgements were not valid. To allow this would to be in breach of the County Court policy. Mr Browne is not allowed to win anything not even a crumb. The judge did not even examine the dishonesty of the officers of the Court before him who misled the Court or the compliance of the two DJ’s as they believed the word of the officers of the Court that was wrong as they implemented an order that did not exist. Integrity and principle are absent, now the Court and British Gas have to find an angle to cover up. Mr Browne must not be allowed to win. I have trusted the Court many times only to be demolished and penalised at every turn.
This Order of HHJ Godsmark 06/08/2014 clearly certifies Ofgem the energy regulator as “without merit” (see exhibit). As Ofgem have ordered BG to pay 5.6m for their lack of customer service exactly my complaint and defence. Presented to and Ignored by all judges at all hearings. This Judge also certified The Competition and Markets Authority “without merit” as their investigation is exactly the same as Ofgem. The CMA report will be out shortly. The Court knows that these agencies do have merit and if so mine has merit also. Ignored.
The body language of Mr Justice Jay was clear from the word go, although I hoped I was wrong. The Judge and the officers of the Court enjoyed jokes about the big prices of British Gas as they smiled and laughed with glee. As he proceeded to scowl and show ill will to me and ignoring all my defence documents. The Judges received my statement the day before the hearing and read the night before when writing his judgement ready for the next day.
Mr Justice Jay never looked at the evidence that consisted of a 3 page statement and 20 exhibits all totally ignored. When BG quoted from the white book Mr Justice Jay accepted this without question. In effect the officer did not need to say anything the Judge had made up this mind the night before. Clearly Mr Justice Jay had decided this matter prior to entering the Court room and had written his judgement the night before. Why did I have to sit through a 3 hour charade on the 16/02/2016 in order for the Judge to present a show trial? Is it possible that big business now takes priority in our Courts?
The judge based his judgement on the 6 Orders that certified my defence as “Without Merit” In effect there was only one hearing, out of 8, in which this occurred and that order was the order of HHJ Godsmark that was copied by numerous other orders that were brief and importantly without a hearing of any sort or description. Particularly the without hearing Order of Mr Justice Males that is almost a copy of the order of HHJ Godsmark 06/08/2014. However as with the Macmillan matter he accepted the application of the Officers of the court as gospel truth and made his judgement the night before. As shown by his mind set and demeanour that he made no effort to hide. I should be used to this by now as the policy of the Nottingham County Court is “Mr Browne must not be allowed to win anything in this court, not even a crumb”
Point no 2 of your order: I am given 24 hours to compile a “list of contents of bundle for Appeal from DJ Macmillan” in effect order received 10.30am Thursday 18th February 2016 to arrive in London by 4pm 19th February 2016. Is this impartial? You will be aware that 4 copies of my appellants notice including my grounds of Appeal and the transcript of the whole hearing were sent by special delivery to the County Court at Nottingham. One copy was sealed and returned to me, one copy for the Officers of the Court Moon Beever. So clearly they have full intelligence on this matter.
The Courts have taken the word of British Gas Officers of the Court and ignored the indisputable evidence to the contrary. They wanted to believe that this was just an outstanding debt. This was not the case. All invoices were paid less the gross overcharge that I was trying to resolve. Have I the right to object to a gross overcharge of 2-3 times the rate available elsewhere? Have I the right to leave to a cheaper supplier that BG refused to release me. Have I the right to a copy of any so called contract that BG refused to supply as it did not exist. BG state that I agreed to pay 2-3 time the going rate for energy. Is this believable? Have I the right to object to same? Throughout these 5 hearings the Nottingham Court have decided that I did not have any rights whatsoever. As I am duly demolished ostracised bullied and addressed in a sarcastic manner and penalised beyond the remit of the Court.
The question is why? I suspect this is because of the DJ Reeson matter. In 1995 DJ Reeson was ordered by the CAC to pay J K Browne £450. DJ Reeson refused. I appealed back to the CAC to enforce their order.
A hearing was set down. DJ Reason contacted the CAC and deceitfully stated that he did not know what this was about. The hearing was cancelled. I applied for a warrant this was refused. I made a small claim in the Nottingham Court.
This came before DJ Oliver who duly struck it out. I wrote to him pointing out that DJ Reeson was a brother judge in the same court. He transferred it to Sheffield before DJ Bower who took 2 hearings 60 days apart to dismiss the case. I appealed the matter to HHJ Bentley who struck it out forthwith.
I requested a hearing that came before HHJ Shipley who took 2 hearings 24 hours apart to dismiss the case. I now appeal back to the CAC to enforce their order and a hearing was set down. DJ Reeson lied to the CAC and got it cancelled. I applied for a warrant for DJ Reeson to pay, refused by an unnamed DJ, I applied to the small claims court that was duly struck out be DJ Oliver, upon informing that this was wrong as he was a brother judge of DJ Reeson, He transferred to Sheffield before DJ Bower who took 2 hearings 60 days apart to dismiss my claim, appealed to HHJ Bentley who struck it out, appealed before HJ Shipley who took 2 days 24 hours apart to dismiss the Claim. Eventually I get back to the CAC who finds in my favour with considerable costs. DJ Reeson duly paid up at last. The matter also involved HHJ Bullimore. These Judges were not were not impartial in any way or form as they were obliged to be.
It is well understood that this was not only an embarrassment for DJ Reeson but for to all the brother Judges in the Nottingham County Court. But I did not expect to receive the treatment now dished out to me in Nottingham County Court that now appears to be County Court policy. Due to this I have applied numerous times to transfer this matter to London as there was a possibility however small of Bias as a result. All refused point blank as BG who is based in London objected. What BG wants BG gets? It was clear that Mr Browne was been put down by the Court at every opportunity so why should BG want to transfer to London.
HHJ Godsmark was in error on the 31 July/06 August 2014.when he stated DJ Reeson was a solicitor at the time, this was untrue and The HHJ knew it. He then quickly changed the subject he did not want to talk about it. See transcript. DJ Reeson was made a DDJ in 1989 and a full DJ in 1993. The first hearing in the CAC was 1995. DJ Reeson was in charge of the case throughout. HHJ Godsmark was also in error when he said it was too expensive to transfer to London. It would have been cheaper. I now firmly believe that the DJ Reeson matter is the reason for my unreasonable and suspected criminal treatment in Nottingham.
Lord Woolf comments in his Interim Access to Justice Report [June 95] at Para 7 of chapter 17 :-“The situation is made worse for them [litigants in person] if they have tried to understand and comply with the rules, only to find that the rules are flouted by lawyers, and effectively condoned by the Courts [Judges]”. Ignored
Access to justice is a right not a privilege and as such cannot be interpreted to mean anything else. In that regard it will play an important part in helping to maintain the Courts commitment to access to justice as a right available to all. Lord Dyson, Master of the Rolls 11th December 2012. Ignored
HRA Article 6.7 & 10 the right to a fair trial before an impartial Judge. The right to a level playing field. The right to having judges live up to their Oath of office. All ignored by Nottingham County Court.
Affirmation – Judicial
I, ____________ , do solemnly sincerely and truly declare and affirm that
I will well and truly serve our Sovereign Lady Queen Elizabeth the Second
in the office of _DDJ___________ , and I will do right to all manner of
people after the laws and usages of this Realm without fear or favour
affection or ill will.
B: I presume that the judgement of DJ MacMillan is the order of same, included in the original bundle as above.
3: As BG has had my bundle since 27th January 2016 in effect the same time as myself and they are given until 4th March 2016. Is his impartial? They are fully informed on the matter as soon as I was…
4: The appeal will last 1.5 hours. Just enough time for BG to make there excuses and produce well thought out angles and deceptions with smoke and mirrors that the Judge will desperately want to believe in order to find for BG and penalise as always the Litigant in Person.
5 The charging order will remain in place. How can this be right? This is clearly designed to undermine me. This is surely incorrect the order is clearly and unambiguously wrong and as a result so must the contents of same… The interim charging order was made by DJ Millard and was made under a false presupposition. The charging order was made by DJ MacMillan made under a false hypothesis. This deceitful Information was supplied by Officers of the Court British Gas. Neither of these judges Millard/Macmillan saw never mind read the order of the 06/08/2014. This is undermining my appeal again. The charging order must be removed forthwith. This charging order must be withdrawn and rescinded until this matter is dealt with and a new hearing in this regard… Is this because this appeal will not succeed so why waste time.
I must be entitled to costs and compensation for this bizarre situation of Judges Incompetence who trusting solicitor’s officers of the Court to tell the truth.
Will the officers of the Court be forgiven for misleading the 2 DJs Millard/Macmillan in Nottingham County Court? Will the Judge declare this as just a minor confusion and a complete accident that could happen to anyone? Will the Judge state that it does not matter anyway in the overall situation? So Mr Browne was wrong to appeal this matter, so appeal is refused with further costs against the LIP. The same applies to DJ Macmillan as he actioned DJ Millard interim order and was not responsible for its contents so Mr Browne’s appeal is refused with costs. The officers of the Court were just confused and were not responsible for the mistake. What do the Officers of the Court have to do to be responsibility for anything? Currently the Judge can make an order he chooses without the fear of an appeal to the CAC due to the imposition of a restrain order. Please excuse the sarcasm as I have got so used to this coming from the presiding judges particularly DJ Hale, please see transcript. In any case I couldn’t find any other way to express my disgust at the treatment I received by this Court.
6) I wish this order to be set aside as it is flawed throughout to favour the officers of the Court. This charging order was made on the order of the 6th August 2014 by HHJ Godsmark. This was 100% wrong, can the judge put this right for the Judges and the officers of the Court. The HHJ will not want to believe this and will endeavour to find angles, twists and chicanery to avoid the Judges been to blame. Hopefully the officers of the court will be penalised for this and maybe this can be back dated to all the hearings throughout his matter as all these orders to be flawed also.
It should be remembered that there have been 6 hearings and only one that was certified as “without merit” and that was the 06/08/14. Conversely there were 5 hearings when there was no mention of “without Merit. However Mr Justice Jay did not want to know this as it did not jell with his determination to see me off been County Court policy. The others were invalid as no hearings.
There were further ones by Judges that copied this order and there was no hearing at any of them. So the most obvious is the response was Mr Justice Males who copied the 06/08/2014 almost to the letter no hearing. However British Gas has got their way again as Mr.Justice Jay placed a civil restraining order on me. I make 4 applications BG makes 10 two of which two were for a restraint order and I am the bad guy. The first application for a restraint order was refused by HHJ Godsmark in January 2015 with costs that BG managed to get my costs struck out with ease as the Court favoured BG at all times. Mr Justice Jay did not even give scant attention to the evidence presented. However I should not be surprised this been the same of the case before DJ Hale, DDJ Roberts, HHJ Godsmark Recorder Le Poidevin DJ Millard DJ Macmillan and now Mr Justice Jay.
I now enclose the transcript of the Judgement of the DJ MacMillan hearing not included in the original bundle with a suggestion of the passages the judge should read.
I also include a revised version of the passages the Judge should read in the whole hearing transcript supplied with my appellants notice that replaces the one supplied with my notice of appeal in my original bundle.
As I write this I am awaiting the transcript of the Mr Justice Jay hearing that I will appeal to the CAC or Supreme Court or maybe to Strasborg.as further proof of the discrimination dealt out to me by injustice policy of the Judiciary in the County Court at Nottingham in which my human rights are decimated.
Needless to say justice is not available to me in Nottingham County Court and I am not allowed to leave for 3 years to date. Exactly like British Gas did for 7 years and the County Court for 3 years that is still currently work in progress.
J K Browne
PS: This matter is an open and shut case so why have a hearing at all. At least 6 orders were made by Judges on their own violation without a hearing. This hearing is clearly to find a way out for British Gas and penalise J K Browne by the use of smoke and mirrors. Mr Browne must not be allowed to win. This is the type of thing found in Nazi Germany in World War 2. One rule for British Gas and the officers of the Court and another for the LIP defendant who must be stopped by all possible means. Or is it possible that the officers of the court without principle find an angle that the Court will be happy to agree with.