DISPUTES - Everything is merely a claim!

Everybody has a different socially conditioned belief system, and so has their own beliefs of truth.

This does not make their belief lawful, unless the due process of law has been followed...

Prove you have a right and another is under an obligation to perform at your command.

3 tests to determine if actions are lawful = duty of care not to breach another's peace = duty of care!

1 - Does the command have a LEGITIMATE AIM? People can only ask others to comply if there is a good reason, and that reason must be in good faith which simply means there is no personal benefit which is being favoured as;

All are equal under the law (what one can do all can do), and

No one is above the law (no such thing as immunity)

This means no person can have a lawful privilege which another does not have = monopolies of any sort are unlawful!

Notices can be used to challange any of these grounds by putting into dispute any other individuals beliefs by asking them to prove their claims and that another is under an obligation to comply with a command.

2 - Have all available options to meet the legitimate aim been considered and shown to be PROPORTIONATE to meeting the legitimate aim. This is known as due dilligence, and means the best available knowledge must be applied.

Notices can be used to put people with the best available knowledge which obliges them to re-evaluate their beliefs!

3 - Has the most REASONABLE option been chosen, namely the one which least impacts on any other individuals freedoms!

Notices can be used to challange people to use the best available knowledge!

If the command does not meet any of the 3 tests then it

PRIVATE DISPUTE RESOLUTION FOR ANY CLAIM - Pre action protocol

 

Follow the 'doctrine of 3 notices...

  1. CAUTION NOTICE, if no response, then
  2. WARNING NOTICE, if no response then
  3. LETTER BEFORE ACTION.
  4. FAILURE TO RESPOND = BREACH OF PEACE = Trespass
  5. DO NOT IGNORE OTHERWISE DEFAULT JUDGEMENT.
The 3 Notices procedure

PUBLIC DISPUTE RESOLUTION - The Courts

The Plaintiff / Complainant / Claimant (“C”) CALLS THEIR COURT as equal kings or queens - public facilities include HM Courts and Tribunal Services

The COURT SERVES, SUMMONS’ OR ISSUES AN ARREST WARRANT on the Respondent / Defendant (“R”)

  • If they did NOT responded to your questions of law in your pre action protocol they are not entitled to costs as they have breached your peace by failing to settle the dispute having been given the opportunity!

Defending a claim in the Magistrates Court:

Apply under [2] section 3A Case Management at (4) for the prosecution case progression officer (“CPO”) to settle your points of law raised in your notices efficiently before trial.

    • If they do not provide a CPO, or
    • If they do not respond in a reasdonable time or
    • If they do not respond in a meaningful manner,
    • then apply to court for their case progression officer at (5) on the grounds of the prosecution's breach of their legal obligation.

Apply for full, accurate and complete disclosure for all documents submitted for application of summons under:

    • section In section 1(1) of the Magistrates Court Act 1980, and
    • section 14(1) of the MCR2020, and
    • Civil Procedure Rules (“CPR”) 5.4B (1) and (2).
    • This should include your pre action protocol asking them to prove their claim and your obligation to comply with their command!

This is your common lawful right under Regina v Brentford Justices ex parte Catlin[1975][3] where Lord Widgery CJ said:

"A decision by magistrates whether to issue a summons pursuant to information laid involves the exercise of a judicial function, and is not merely administrative. A summons (or warrant) is merely machinery for giving a defendant notice of the proceedings and for getting him before the Court. If a Magistrates authorises the issue of a summons without having applied his mind to the information then he is guilty of dereliction of duty and if any justices clerk’s office a practice goes on of summonses being issued without information being laid before a magistrate at all then a very serious instance of maladministration arises which should have the attention of the authorities without delay…”, and

IF THEY HAVE FAILED TO SUBMIT YOUR PRE ACTION PROTOCOL NOTICES THEN send your first invoice for payment at your rates expressed in your notices to "C".

[1]  Council Tax (Administration and Enforcement) Regulations 1992 §34(5)(b) and 34(7) http://www.legislation.gov.uk/uksi/1992/613/contents/made

[2] https://www.justice.gov.uk/courts/procedure-rules/criminal/magistrates-courts-rules-1981.pdf

[3] Regina v Brentford Justices ex parte Catlin [1975] QB 455 1975 https://swarb.co.uk/lisc/Magis19701979.php

Duties, rights and obligations of 'authorised legal' professionals.