In the County Court at Nottingham
Case number B40YM866
16 February 2016
J K Browne v British Gas
For attention Rt.Hon,Lord Justice Floyd.
Presiding Judge Mr Justice Jay
To Mr Justice Jay from J K Browne
I write this letter due to the fact that I ordered a transcript of proceedings on 21/02/2016 of the hearing of an application from British Gas for a restraining order on me, dated 16/02/2016. At this hearing you also ordered that the transcript of your judgement would be supplied at public expense unfortunately this has not arrived either. I have now ordered the Transcript of proceedings again 13/04/2016. There does appear to be some delaying tactics involved. This should not surprise me.
As you did not read my statement of defence or examine my exhibits at the hearing I have concluded that you were totally unaware of the facts of this matter. In effect I am not allowed a fair trial and the mind-set of the Nottingham Court is that J K Browne must not be allowed to win anything not even a crumb. WHY? This must be due to the fact that I won my case as a LIP in the CAC against DJ Reeson a brother Judge to the family of judges in the County Court at Nottingham 2003. I don’t want to believe this but unfortunately it is true.
This matter was a money claim issued to Court on 13/03/2013. British Gas managed to create the impression that this was just a debt they were trying to collect. Wrong Wrong and Wrong again. Fact I have been fighting off BG with all the intimidation and every trick in the book they could muster from 2006 to 2013 (7 years), without any effort to sort the matter. From 2013 to date (over 3 years) I am fighting off the County Court at Nottingham. The case before British Gas and the County Court was simple and easily solvable.
In effect I am over charged by 2-3 times the going rate and I am refused permission to transfer to a cheaper supplier. All my efforts to resolve this matter were ignored. I am a customer and expected to be treated as one. I believe I have a legitimate complaint on both counts. This is backed up by Ofgem, the energy regulator and the Competition and Markets Authority. I expected this to be heard by a District Judge where he would endeavour to get the parties to agree and if not he would impose one in which the parties would be unlikely to challenge. This would take 2 hours, job done, instead of which over 3 years later the matter is still unresolved. This cannot be right and does speak volumes in terms of case mamagement.
Directions order by DJ Millard dated 21/08/2013 almost 6 months later.
Hearing before DJ Hale 09/12/2013 almost 4 months later who clearly favoured British Gas
Hearing before DDJ Roberts 07/01/2014 who favoured British Gas and penalised the LIP.
Appeals before HHJ Godsmark 30/07/2014, 31/07/2014, 06/08/2014 favoured British Gas and penalised the LIP. It was the only order to contain the words “without merit”. Could this be a misunderstanding?
The substantive hearing16/02/2015 was almost 6 months later. Made DDJ Kitto order 24/04/2015 2 months later as the presiding Judge this was wrong. Is this a misunderstanding This order also stated it was a 2 day hearing. I reported this incompetence to the Court. Note the officers of the Court did not although they were well aware of it. However Solicitors are not known for their integrity. Another misunderstanding I suppose.
Amended order hearing 16/02/2015 by Recorder Poidevin amended according to my report on the 05/05/2015 almost 3 months later. Confirming it was just a one day hearing. Recorder Poidevin penalised the LIP severely giving British Gas everything they asked for, in effect favoured British Gas and ill will to the LIP. Just a misunderstanding was it?
The interim Order of DJ Millard was totally wrong. This a misunderstanding according to HHJ Clark of the fabricated application of British Gas 05/06/2015 almost 4 months later, that went unchecked by 2 DJs to the detriment of the LIP and favour the British Gas. Misunderstanding was it? I don’t think so and neither would any impartial Judge.
The order of DJ Macmillan hearing 27/07/2015 amended 06/08/2015 that was totally wrong also. Another misunderstanding. Not likely
Now the Appeal against these incorrect orders before HHJ Clark 30/03/2016 in which she maintained that there was no conflict of interest regarding her Brother Judges DJ Millard and DJ Macmillan of the family of judges in the County Court at Nottingham, Her Order is so one sided that there was clear nepotism throughout as described in para one. She said that this was just another misunderstanding. No this is simply wrong, wrong and wrong again and she knows it. She claimed she had read all my defence documents 6 bundles of documents 2 Defence documents skeleton arguments and exhibits and then swept them under the table never to be seen or heard of again at the hearing, following the example and mind set of all the Judges involved from the start. See List. She then proceeded to exonerate and vindicate the DJs and in doing so vindicated the officers of the Court. Nepotism! There was no misunderstanding. This was a mistake and the only sufferer was the LIP as usual.
What an indictment of all the Judges involved.
Now the injustice of the restraint order placed on me by Justice Jay purely on the application of British Gas, who had already proved themselves to be disingenuous when Justice Jay made reference to orders that contained Without Merit. This information was supplied by British Gas again and was incorrect. In effect there was only one order certifying my defence as without merit, this was without seeing my 5 bundles of evidence, 2 defence documents and skeletons arguments never mind examining them, the rest were just copies as there was no further hearings on this matter. In effect this makes the without merit null and void. Was this a misunderstanding. It does appear the words of HHJ Godsmark go a long way in the County Court at Nottingham even to High Court Judges. Mr J K Browne must not be allowed to win anything not even a crumb. I supply just one order by Justice Males that proves this beyond any doubt, as the case had no hearing just a copy of the order of HHJ Godsmark 06/08/2014.
This restraint order was clearly an injustice and was made maliciously and deviously as British Gas wants to gag me as they can then tell any lies they want and get away with it as all the judges will find in their favour and the Court will as usual be more than happy to cooperate. The fact that the officers of the Court are now proven liars has no effect on any of the judges involved. In effect I am no longer allowed access to justice, my human rights are ignored. The most damning evidence is the fact that BG made 14 applications and I made 4 and I am the bad guy and have to be restrained.
How many misunderstandings does this Court need to suspect that there is something very wrong in this case, and should be investigated by an outside impartial judge.
I repeat paragraph one as this is the urgent requirement!
I write this letter due to the fact that I ordered a transcript on 21/02/2016 of the hearing of an application from British Gas for a restraining order on me, dated 16/02/2016. At this hearing you the Rt.Hon.Mr Justice Jay also ordered that the transcript of your judgement would be supplied at public expense unfortunately this has not arrived either. I have now ordered this again 13/04/2016. There does appear to be some delaying tactics involved. This should not surprise me
I do not expect a reply to this correspondence but I do ask that you use your good offices to get the whole hearing and Judgment 16/02/2016 transcripts delivered to me forthwith. As I intend to appeal this injustice to the CAC as soon as I receive the said transcripts. I have been in touch with the transcribers who state that the holdup is caused by the County Court at Nottingham
Signed………………………………Date 18 April 2016 to Civil Appeals Court 03/06/2016
John Kenneth Browne
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]”.
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
HRA Article 6. The right to a fair trial before an impartial Judge. The right to alevle playing field.
The right to having judges live up to their Oath of office.
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 Judge, and I will do right to all manner ofpeople after the laws and usages of this Realm without fear or favour
affection or ill will. However judges are human that is why we have the Civil Appeals Court