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Sign to stop child abuse!


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It took over one week for the people to be heard regarding Lady Butler-Sloss. The corridors of power must have been buzzing with people saying 'no way' to this conflicts of interest. The arrogance of the Prime Minister as part of the establishment was to try to get away with the glaringly obvious conflicts of interest. At the end of the day the people won, without them, sheer arrogance would prevail. Is it any wonder that the establishment time and time again get away blatantly with corruption. There are many ways to stop people with good aims, setting them up, harrassing their family and friends or taking everything they own and have built off them - I am just drawing a parallel on my legal blog so as not to detract from what is a most amazing victory today X


How the convention was breached
       21.  Article 6 Right to a fair trial & Article 1 Protection of Property
21. Article 1 & 6 of the European Court of Human Rights has been breached by the UK. MJVFF has evidence of corruption, be it somewhat political that is of no interest to her case or her personally. However the President judge of the Supreme Court in the UK and as was at the time the Master of the Rolls had his judicial assistant writing reports to the presiding judge to reject permission to appeal from the county court and also the original president of the Supreme Court had his judicial assistant writing reports too of the same nature. There is a conflict of interest as that is a family connection that should have no part in my case and that is not due diligence to have that take place. The Baroness Neuberger was the chairperson of the large social landlord who trespassed my premises and the leading judge is her brother in law Lord David Neuberger.

1000 views in 24hrs huh!!!

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The world is coming together from United Kingdom, United States, Germany, Russia, Ukraine, Ireland, France, Australia, Spain, China, Netherlands, Poland, Latvia, United Arab Emirates, Nigeria, Malaysia, Indonesia, Norway, Lithuania, Japan, Sweden, Turkey, Tunisia, Nigeria, Central African Republic, Israel, Switzerland, Bulgaria, Moldova, South Korea, Greece, India, Czech Republic, Italy, Portugal, Belgium, Hong Kong, India, Costa Rica, Brazil, Dominican Republic, Cyprus, Chile, Croatia, Taiwan, Venezuela, Philippines, New Zealand, Thailand & Peru all those countries watching this blog.

Maybe I can talk to people soon about solutions as that would be refreshing.. Maybe we could talk about well laid plans made by us for over 25 years.. because it's about time people know the positive that can be achieved- NOT JUST THE NEGATIVE - !

https://secure.avaaz.org/en/petition/David_Cameron_Stop_the_abuse_We_call_on_you_to_give_children_and_young_people_rights/?cGooVdb Sign the petition please and help promote it if possible Many Thanks to those that care but Do Something!

The Abuse Inquiry should be seen as an insurance scam.. Paid for by YOU!

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I keep drawing parallels, legal ones because I have fought an insurance case for six years so I see.
This is at a time of the British child abuse scandal, when I was so close to a child abuse revolution.
My plan was a nice and quiet justice coup gathering evidence presenting it at the court.
Their plan, to create public fear in a nasty old scandal, so as to privatise child care, and as a result to save millions on insurance claims by normalising abuse like its commonplace, so compensation only climbs a pyramid by extreme severity of the case.
So much money for an eye, and so much money for a tooth. Processing claims and then losing any truth.
‘Duty of Care’ will be a lesson learned, but it will be a piece of publicly paid expensive work, making technicalities and bad law, so in my child abuse revolution, we will now see no justice in this war.
And all will know and all will see, but they will fall by the wayside when the complications hit the scene of Twitter and super injunctions, and hidden courts, like family law.
This will not be a revolution,  it will continue to be a war, instead fighting the law, insurance companies, and a privatised system.

Mark my words, this scandal was for them, in their money making and money saving solution this is not the heart of the matter in respecting children, this is not the long awaited children’s revolution. 

The real COST of Human Rights when financiers take over the law!

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TAKE NOTE

European Court of Human Rights                                                            Jo Flores

28 July 2014


Jo Flores (nee Gavin) v UK

Further to brief advice from Counsel, kindly provided to me at no charge, I am, with your permission, resubmitting my application within the six month deadline, following exhaustion of domestic remedies, concerning breaches of Articles of the Convention, namely peaceful enjoyment of property and right to a fair trial. I am enclosing a substantively amended statement of facts and, additionally, expanded and comprehensively amended and enhanced legal arguments, with relevant and significantly revised information about my case. I am also sending an extended file of supporting documents, arranged chronologically, with page numbers corresponding to paragraphs within the statement of facts, to support the breaches of Articles complained of.

I am currently in receipt of social security benefit in the UK. I would draw the Court’s attention to my reduced financial circumstances due to the repossession of my business premises resulting in my inability to pay for legal advice to assist with my application and supporting documentation. I have produced and posted this application at considerable cost, paying for photocopies, stationery etc from my very limited resources.

I would be immensely grateful to the Court if it could reconsider my application. I am concerned that, when the Court convened in March, that it may not have had an opportunity to read the document it had asked for, and received, by 4 April. I do apologise if there has been a misunderstanding about the deadline for receipt of the documents or if there was a delay in my response, which was due to mental exhaustion and a stress related condition, as evidenced by attendance at the surgery of my general practitioner, caused by an arduous and gruelling six years as a litigant in person, without legal knowledge or training, and for the most part, without the benefit of public funding or advice.

I have, it is fair to say, suffered prolonged, significant and substantial loss as a result of what I believe to be the unreasonable repossession of my business premises following the landlord/insurers’ failure to adhere to the terms of my lease in relating to the provision of insurance. As a small business woman, without recourse to the not unsubstantial resources at the disposal of the landlord and its insurer, I found myself in an untenable position following leaks and flooding which left the premises entirely unviable as a premises in which to run a business, invite associates, ensure the health and safety of staff, or maintain a professional and presentable profile. Prior to the disrepair I was running a gallery, events management and office hire business. I hosted high profile art exhibitions, ran events for corporate clients and took bookings in relation to the hire of the premises for long and short term office space, product launches and events.

I brought customers, sometimes referred to as ‘footfall’, into an area of Kings Cross, north London, which while ear-marked for its subsequent Eurotunnel/Star regeneration, remained at that time largely underdeveloped. I raised the morale, on a consumer, community and commercial level, among residents and local businesses, many of which benefited from my prestigious and high profile events and exhibitions which increased awareness of the area and drew custom and attention to a neighbourhood within London which could be described as deprived.

Unfortunately, as a result of cuts to the public funding of cases such as mine, I was compelled to represent myself, despite having no prior knowledge, or experience, of the legal system. Even so, due to considerable persistence, tenacity and sheer hard work, I have taken the case through the domestic courts, from lower to higher courts, and successfully argued for an earlier decision to be appealed. The other side, with their vast resources, have vociferously defended the claim, resisting court initiatives at mediation and attempts at an amicable settlement, a process I remain more than willing to engage with.

In the meantime my standing within the local business community and my personal reputation has been damaged and diminished, as has my ability to restore confidence in my professional reputation, although I have slowly, to some degree, managed to recover my professional reputation due to the fact that the forfeiture of my premises is regarded locally, among the business community and residents, as grossly unreasonable.

The time and huge expense, and the emotional repercussions of it,  have had a pronounced and debilitating effect on my health, prospects, and family and professional life.  In these six years of tireless and conscientious representations to the domestic courts, culminating in the exhaustion of all domestic remedies, and leading up to my application to the European Court, I have been increasingly worn down and demoralised by the resistance the other side have demonstrated in trying to arrive at a settlement. I feel they have had an enormous advantage, represented as they are by extremely well resourced teams of legal advisers.

The fact I was granted an appeal I feel shows that my case has merit. As the statement of facts show, unfortunately, the appeal hearing, and the time I had expected to be granted to represent my case, were unfairly curtailed.  I would be so grateful if the Court would honour the decision of this judge who agreed that I had a good and reasonable case, and allow my case before the European Court to be heard.

With best wishes.

Yours sincerely


Jo Flores (nee Gavin)


SUBMITTED APPLICATION to The European Court of Human Rights - France - July 28th 2014

(Text just below as seen at the top of the European Court of Human Rights Application Form)

Subject matter of the application
All the information concerning the facts, complaints and compliance with the requirements of exhaustion of domestic remedies and the six-month time-limit laid down in Article 35 § 1 of the Convention must be set out in this part of the application form (sections E., F. and G.) (Rule 47 § 2 (a)). The applicant may supplement this information by appending further details to the application form. Such additional explanations must not exceed 20 pages (Rule 47 § 2 (b)); this page limit does not include copies of accompanying documents and decisions.

                               European Court of Human Rights - Application form

A. B. C. D. of the Application; The usual name address etc

E. Statement of the facts

Applicant leases premises from Community Housing Association, at 104 Cromer Street, London WC1H 8BZ (June 2000) and 106-108 Cromer Street, London WC1H 8BZ (April 2004) on the understanding they are insured against the risk of damage and business interruption.

Applicant invests significantly in refurbishment of premises.  

Premises at 104 and 106/108 Cromer Street suffer leaks from pipes and external flooding, on at least ten occasions between April 2004 to May 2008, which include and are not confined to: a leak from the stack (sewage) pipe at 104 Cromer Street, reported by Applicant to Community Housing Association and premises closed for repair. Beginning of September, 2004, reported to landlord. Reference, Claimant’s submissions on liability in notes submitted to LJ Ward on Oral Hearing, 10 May 2012;  the flooding of 104 Cromer Street, reported by Applicant to Community Housing Association and 24 June 2005. Reporting to landlord, ref, Claimant’s Submissions on Liability in notes submitted to LJ Ward on Oral Hearing, 10 May 2012;  and a leak from stack (sewage) pipe at 106/108 Cromer Street, 28 February 2005. Reporting to landlord, ref, Claimant’s Submissions on Liability in notes submitted to LJ Ward on Oral Hearing, 10 May 2012.  (P.1-9 of accompanying documents)

Community Housing Association contact Farr PLC the insurance broker. Farr contacts UKU, the building insurers & underwriters. August 2005 – In notes ‘example’ 7-17 submitted to LJ Ward on Oral Hearing, 10 May 2012. (P.10-20)

Preliminary report to UK Underwriting on property owners’ liability (POL), Quest Gates Loss Adjusters, with memo. Report undated. Memo dated, 28th April 2006. In notes submitted to LJ Ward on Oral Hearing, 10 May 2012. ‘Example’ 1-6. (P21-26)

The landlord, Community Housing Association, had threatened to sue its insurer for not subrogating the claim, and paying the insurance to the leaseholder. At this stage the landlord accepted the Applicant had a legitimate claim, and they would be put to a poor defence in court if they did not settle the claim with the insurers. The landlord stated that repairs were not a leaseholder’s responsibility. Example 10, Oral hearing. Email 8 March 2007. (P27)

Community Housing Association takes possession of premises, claiming forfeiture of tenancy for non-payment of rent. October 2008. Proof of Payment handed to Finance Department 31st Oct 2008. (P28)

Application for an injunction to prevent forfeiture/ repossession/amounting to relief from or equivalent to relief from forfeiture (providing proof of rent payment). November 2008. Proof of Payment handed to Court 37 Queens Bench Nov 4th 2008. (P28)

Interim injunction against Community Housing Association, permitting the Applicant to remain at 104 and 106-108 Cromer Street. 4 November 2008. Injunction granted (upon proof or rent payment). (P29-32)

The Order of the High Court for the injunctions to remain and for the case to proceed to the County Court with speed. (P33-40)

Submission of Particulars of Claim, Schedule of Loss filed with the Central London County Court. Particulars of Claim, Schedule of Loss dated 4 December 2008. (41-55)


Smith and Williamson forensic report, produced by the single, joint expert, commissioned by both parties, Doug Hall, Head of Forensic Services, which finds tenants’ losses (net profit, long term contracts) over period of disrepair, are approximately £135,000 - £215,000. Rent paid as ‘gesture of good will’ by tenants/Applicant to Community Housing Association during period of disrepair £45,365. 27. November 2009 - Report excerpts, in summary, 7.4. 13, and 8.1.5 (P56-60)

Judgment Central London County Court. 9 September 2010. Judgment of His Honour Judge Cowell. (P61-85)

Applicant emails Central London County Court requesting approval of Applicant’s notes of judgment. 13 September 2010 - Email from Ms Flores, nee Gavin, to Mr Kapole at Central London County Court. (P86)

17 Sept 2010 the applicant filled in an N244 application, enclosing the ‘claimants submissions on liability’ 92 pages, 245 paragraphs, was submitted to the County Court by the appellant, stating that the claimants submissions had not be heard or read as nothing in the judgment reflected the ‘claimant’s submissions on liability’. Therefore the costs hearing should be stayed because it depended on liability being established.

Central London County Court. 20 September 2010 - His Honour Judge Cowell. The Judge now admits he did not read the Claimant’s Submissions on Liability that were enclosed with the N244 application. (Proof of the Judge not reading the ‘claimants submissions on liability’ before the costs hearing, that was dependent on establishing liability, can be found at the first page of the 22 Sept 10 second Judgment on P110)

Central London County Court. 20 September 2010 - His Honour Judge Cowell. First assessment of damage by negligence of the landlord of 3 weeks. The judge awarded the claimant damages of £100 in full total, for 3 weeks damage at 106-108 Cromer Street. The judge then made an assessment of rent for 104 Cromer Street, WC1, which he raised from £5,500 to £7,500 and for 106-108 Cromer Street, WC1, which he raised from £9,000 to £15,100 (P87-91).

Cost hearing, Central London County Court. 20 September 2010 - His Honour Judge Cowell. The Applicant, Ms Flores’ notes as no official transcript has been received. (P92-108)

Judgment Central London County Court. 22 September 2010. Judgment of His Honour Judge Cowell.  Second Judgment. (P109-114)

Judgment named Supplemental Judgment, 22 September 2010. HHJ Cowell here claims that there was rent owing at the time of re-entry/trespass. Here the judge relieves himself from granting relief from forfeiture as he now states it is out of time and his own jurisdiction he believes cannot cover this, even though he kept this decision for himself throughout trial until the end of trial, where he states, ‘all matter can be determined at trial’, as seen in
11 Aug 2009 Order and Summary of Case in Addition bundle B. (P115-118)
Notice to Appeal, includes issues arising from Human Rights Act 1998 and 13 October 2010 Grounds of Appeal. (P119 to 130, specifically Pages 127-130)

Unreasonable delay in Permission to Appeal application being processed, due to transcripts, that HHJ Cowell had ordered to be obtained before Permission to Appeal could be granted, from the hearing of 9 September 2010, then not having been provided. This hinders and obstructs preparation of the Statement of Case, and the other documents required for the hearing. Skeleton arguments and other documentation are contingent on reference to transcripts.
12 November 2010 and 13 December 2011. Requests for transcripts to Civil Appeal Office by way of correspondence, samples included herewith. (P131-132)

In absence of court transcript, the case lawyer at the Civil Appeals Office, asks solicitor for the other side for her notes of hearing, to put before the Judge to make a decision on merits of case and Permission to Appeal.
Lynsey McIntre, Bircham Dyson Bell, solicitor for Community Housing Association, emails Siobhan Traynor, case manager at Civil Appeals Office, attaching incomplete note, with additions from her own notes of the Judgment. 20 December 2011. Email from Bircham Dyson Bell to Civil Appeals Office. (P133)

In an exchange of emails the applicant writes to Siobhan Traynor at Civil Appeals office to express concern that unapproved note of Judgment by the other side’s solicitor is to be used as primary source of material in assessment of merits of appeal. 27 December 2011. Email from Applicant to Civil Appeals Office. (P134) and referencing 13 Sept 2010 email (P135).

Email from Siobhan Traynor 3 Jan 2012, stating if we disagree with the solicitors notes, we should point out any disagreement by the 9 Jan 2012, just six days later. (P136)

Email from Siobhan Traynor 5 Jan 2012, stating that according to the case lawyer, using CPR 52 PD Para 5.12 the respondents notes can be used. However our objections will be placed before the Judge. (P136)

Email from Siobhan Traynor at Civil Appeals Office to Nikolaus Grubeck, the Judicial Assistant to the Master of the Rolls asking to postpone writing of Bench Memo until the court has received the Applicant’s response to the notes of the other side’s solicitors. 3 January 2012 - Email from Siobhan Traynor to Nikolaus Grubeck. (P155)

At Court’s request, Applicant submits Response to the Notes of the other side with correspondence expressing concern at the haste with which she has been asked to produce her Response, after two years of delays on the part of the Court, its continued failure to produce the transcript, and with reference to the very many representations requesting the transcript. And that the transcript has not been produced, or made available to her. That the decision with regards to permission to appeal will rely on the other side’s note of Judgment, and that this provides Community Housing Association with an unfair advantage. 9 January 2012. Notes of response by Applicant supplied to Court. (P137-154)

Nikolaus Grubeck, Judicial Assistant to the Master of the Rolls, relying on disputed notes of other side’s solicitor, Bircham Dyson Bell, produces Bench Memo drawing on previous draft prepared by Joanna Otterburn (judicial assistant to Master of the Rolls, September 2011) recommending permission to appeal should be refused. 25 January 2012 - Bench Memo (P156-163)

The Applicant further emails the Civil Appeals Office on 2 February 2012 in regards to the addition of the laws/legal argument to the Permission to Appeal application. The Civil Appeals Office reply on 6 February stating that all the documents would be put before the Lord or Lady Justice. Emails (P164-165). The Applicant replies on 6 Feb 2012 and adds in her submissions on the laws based on the information available to her at the time. (P166-186)

Court of Appeal Order refusing permission to appeal, Rt Hon Lord Justice Jacob, based on notes of solicitor. 24 February 2012. Decision relies heavily on notes of the solicitor for Community Housing Association and the Bench Memo. (P187)
Request for oral hearing granted. 24 February 2012.   

Enquiries reflecting the interest that continued in hiring the Applicant’s premises at time of oral hearing, demonstrate the businesses’ viability and ongoing losses. 8 May 2012. Two examples of potential losses of £8333 per months and £10,000 per month submitted to LJ Ward, Oral Hearing, 10 May 2012. (P188-189)

Oral hearing before Lord Justice Ward, Court 74, Royal Courts of Justice. 10 May 2012. Exact copy of what was put before His Honour LJ Ward and read aloud in Court by the applicant representing herself in person. There was National press were at the hearing where the Judge said to the applicant that he understood that all water ingresses had come from outside of her premises and outside of her control. He said, “there is something in that” (P190-195) -
Continued on Page 1-6 of Additional bundle B



Continued Statement of Fact (Pg 1 of 6)
10 May 2012 Order to say that Permission to Appeal and Stay of Execution to be adjourned on notice to the Respondent and that pro-bono help be provided, and for the parties to consider mediation. (P196)
Correspondence between Laura Angus and Melanie Vasilescu, Civil Appeals Office, Royal Courts of Justice, regarding whether Lord Justice Ward may be willing to recommend a pilot mediation scheme. It is the Applicant’s understanding Community Housing Association may have been reluctant to participate in mediation.  (P197-199)
Note to LJ Ward from Laura Angus Lawyer B group, stating that Derek Wood QC, on recommendation from the judge, should be contacted if the Applicant asked for pro-bono help. This intervention is not regarded as independent by the Applicant who suspected that the case was being played with like Russian roulette as there was a legitimate claim, so she worked fast and did her utmost to contact an independent chambers, Garden Court with leading counsel, Jan Luba QC, whose clerk then phoned the pro-bono unit to the offer to do her case. 11 May email from Ms Angus to Ms Vasilescu. Note to Lord Justice Ward: 16 Aug 2012. (P200)
Applicant continues to correspond with the Registrar to access transcripts of original hearing. On 19June 2012 only the second part of the Judgment 9thSept 2010 by HHJ Cowell is sent to her. Email 19 June (P201) and Second Judgment, 22 September 2010. (P202-207)
The Applicant responds to the Judgment in an email to the Civil Appeals Office, addressing inaccuracies in the notes of the other side’s solicitors and how this was unfair. 17 July 2012. (P208-209)
Further representations made to seek transcripts to facilitate preparation of Appeal. 14 Aug 2012 and 10 September 2012. Letters from Garden Court Chambers. (P210-213)
Case Progression Chronology, 22 October 2012, written at Civil Appeals Office with two pages of handwritten notes (and transcription typed by Applicant) regarding getting the specific lawyer Derek Wood and the description of this as “Unorthodox/unusual”. (P214-217)                       
Order, Court of Appeal, granting permission to appeal on 7 of 10 grounds, permission to amend the grounds of the appeal, the granting of a stay. 4 December 2012 Order, Court of the Appeal, on Appeal from the Central London Civil Justice Centre. (P218-219)
Amended Grounds of Appeal of Pro-bono counsel, Jan Luba QC, 16 November 2012. These grounds were completed without Ms Flores yet seeing the advice from junior counsel, which she was provided with only after the hearing. (P220-221)
The Applicant orally asks LJ Ward at the hearing, whether she can further amend the Amended Grounds of Appeal, further to the late advice given by pro-bono Junior Counsel where she may widen the scope of the grounds. LJ Ward agrees. 4 Dec 2013.
N244 Application to amend the grounds of appeal 2a, 2b, 2c, based on statement of fact, with amended grounds of appeal, with factual evidence based on these findings of fact. Submitted 21 March 2013, stamped 29 April 2013. N244 application for amended Grounds of Appeal. The following Skeleton Argument was in the N244 Application too. (P222-250)
Skeleton argument written 17 March 2013 and submitted by Ms Flores nee: Gavin to the Court of Appeal 21 March 2013, drawing partly on the draft Advice from leading Counsel, Jan Luba QC, and in part from junior Counsel. This was after parting with pro-bono counsel, upon inaccurate advice re section 11 of the Housing Act, and since Ms Flores was a commercial leaseholder not a residential tenant, as advised by junior pro-bono counsel, the Applicant had little faith in the pro-bono advice. (P251-284)
The N244 Application was also for the Smith and Williamson report to be referred to in the assessment of damages.  21 March 2013. (P222)
N244 Amended Grounds of Appeal still in application. 31 March 2013. (P285)
Letter acknowledging application, for permission to amend grounds and permission to appeal. The application was clearly not dealt with beforehand, one month and a half later, despite obvious factual evidence, and ‘finding of fact’ by the original trial Judge in the lower, County Court, so now the application to amend will be heard on 2 May 2013 in the Court of Appeal. 29 April 2013. Letter A. Smith Listings Office, Civil Appeals Office. (P285)
A hearing is listed for 1 and 2 May. The date of the hearing is changed to the 2 and 3 May although the Applicant is not informed of the change of date and she does not know until the morning of the 1 May, when she phones the court, for the courtroom number. The other side’s solicitors are, however, informed of the change of date as the applicant subsequently see’s she has an email from them after working hours the day before to tell her of the change of dates.
The hearing takes place. The hearing is allocated two days. It ends prematurely at lunchtime on the second day, 3 May 2013, during the Applicant’s response to the Defendant’s pleadings, and the three judges, without making an announcement, walk out of the court. 2 and 3 May 2013.
A draft Judgment is sent to the Applicant by email. (P286-295). The Applicant replies by email on 17 and 19 May 2013 with evidence and lengthy submissions that the Judgment has misrepresented the Applicant’s case. (P296-299) The Applicant receives no reply to her email. No corrections are made to the Judgment on 24 May 2013. Judgment and Reply to Judgment (P300-316)
N244 request for transcripts of Court of Appeal hearing and a stay of Judgment, with evidence of lengthy submissions of corrections to the draft Judgment made by the Applicant. These submissions centre on her argument that she had pleaded an implied obligation to not breach the terms of the insurance at 5(22) of the lease of her premises, meaning that there had been a breach of the terms of the insurance, (breach of lease and breach of statutory duty) and failure to make insurance claims and/or to notify the insurers of disrepair, and that this created an act of omission, resulting in the leaseholder, by the landlord’s failures, remaining uninsured, and not a repairing obligation, as suggested in the draft Judgment, from the hearing, prior to final Judgment handed down in open court on 24 May 2013 (P317-318)
The Civil Appeals office interrupted Judge Patten in court, with the N244 application, while he was hearing a different case, which was taking place on 23 May, and he quickly refused the N244 application on the same day. It is the Applicant’s contention that the N244 Application was not given due consideration. (P319)
The subsequent Order refused a stay, without reasons given, and without reference to the request for transcripts. (This Order, later sent to the Applicant, was sealed on 24 May 2013. The Order was also received within half an hour of the Applicant applying at the Court on 23 May 2013). (P320)
Although the N244 application had all the reply to judgment notes in full that had already been sent by email, in brief, the main points in the N244 application that were pointed to as inaccurate, were that the Court of Appeal misrepresented the case of the Applicant in the draft Judgment by stating that she had asked for an implied repairing obligation when she had asked for an implied obligation that the landlord did not breach the insurance, seen in 5(22) of the lease contract. The joint insurance was how the disrepair of the development outside of the Applicant’s premises was to be repaired.  Point 15 of Response to Appeal Judgment and thereon throughout response to Judgment P301-316
The full facts in relation to misrepresentation can be found in the Applicant’s Response to the Judgment and need to be read in full. (P300 to P316)

With reference to the insurance, throughout the Judgment, ‘the development’ meant ‘residential premises’ retained by the landlord. This point is not clear in the Judgment so has a perverse effect. The disrepair that damaged the Applicant’s premises came from the residential parts named in the insurance, ‘the development’. Point 4 of the Judgement and Response to the Judgment (P300)

The principle of Ryland and Fletcher of ‘absolute liability’ was said to have not been pleaded by the Applicant. The Applicant had in fact pleaded Ryland and Fletcher in court and in her Skeleton Argument. Point 25 in the Applicant’s Response to the Appeal Judgment. (P304)

Therefore when £100 excesses on each part ‘materially damaged’ were paid for by the claimant, as a result of the disrepair coming from the development, the retained parts, this meant the Applicant incurred the expense of monies paid for the completion of repairs and was reimbursed for the ‘material damage’ minus the £100 for each repair. Point 44 of the Applicant’s Response to the Appeal Judgment (P314)

The issue of ‘cessor of rent’ was then not addressed in the Court of Appeal at all. Since the court insisted that the Applicant had asked for a repair obligation, and so, therefore, all other judgements on the issues stemmed from this basic misrepresentation of the facts presented in the pleading. Points 13 and 14 of the Applicant’s Response to the Appeal Judgment (P301)

The issue of the two surveyors stating that the places were only partially unfit is wholly inaccurate. There was a final single expert surveyor to agree each party’s findings. The single joint expert concluded, after a comprehensive four stage survey, that it had been illegal to trade from one of the premises due to the premises breaching building regulations from day one of the lease and the other premises had suffered an insured risk, a damaged floor, which, to the date of his findings, he said still had not been repaired. Point 46 of the Applicant’s Response to the Appeal Judgment (P315)

The offers to settle have been used as an excuse for indemnity costs, yet the offers were not offers, they were improper inducement and are misrepresented as offers to settle, in the Judgment. Point 47of the Applicant’s Response to the Appeal Judgment (P315)

The word exaggerated has been used again at the court of appeal, when HHJ Cowell had taken that out of his first Judgment and said instead in his second Judgment, “That any lapse of memory does not indicate deceit.” Exaggerated claim has therefore no basis in the Court of Appeal Judgment and is never explained as to how. The claim for £600,000 was actual loss of business as contended in the Schedule of Loss. However the claim for loss of opportunity for the Applicant’s Social Enterprise, New National Association of Young People in Care, and its Youth Parliament campaign, may be judged to be remote when it comes to costs, but cannot be said to be exaggerated. The Applicant had a right to put it in the claim because the landlord at all times knew of her social enterprise work, for which she was running her businesses. The case cannot be said to be legally unfounded according to 44.4.3 of law and is seen by the Applicant as another tactic for indemnity costs. Points 15, 48and 49 of the Applicant’s Response to the Appeal Judgment (P301 and P315-316 respectively)

All the arguments in detail including a common law duty to take reasonable care, and the issues of quiet enjoyment, were put in the N244 application in response to the draft.
The N244 application put to the Court of Appeal must form some part of the Judgment.
Court of Appeal Order dismissing appeal. 24 May 2013. The Applicant attended the Judgment and made an oral submission to Judge Patten, which stated that there was nothing in the Judgment to deal with the fact that she asked for an implied obligation to 5(22) of the lease. Judge Patten stated before the many journalists in attendance who had taken an interest in the case, with regards to a landlord’s duties to repair, “It is in the Judgment’. It is the Applicant’s view that there is no reference in the Judgment to her an implied obligation to 5(22) of the lease. Therefore the case as it is said to have been pleaded will now affect many tenants and leaseholders throughout the UK. Court of Appeal, dismissing Appeal, (P321) Publicity on the case (P322-329)
Appeal to the Supreme Court with citations, including reference to Article 1 of Convention on Human Rights, (protection of property). Issue of public interest (insurance), failure to supply transcripts of Court of Appeal hearing, failure to respond substantively to amended grounds of appeal and a request that the Smith and Williamson, forensic report commissioned by both parties be referred to in the assessment of damages. Certificate of Service, 21 June 2014. (P330-339) Human Rights Act (P336)
Email from the other side’s solicitors supporting the Applicant’s assertion of having asked for 5(22) of the lease as an implied covenant and not a repairing covenant. (P340-344)
Application to European Court of Human Rights within the 6 months of last Judgment deadline. Application no. 75700/13,Nov 2013.

Supreme Court Order of refusal to appeal based on ‘no application in law’. This does not address the complaint of ‘misrepresentation of facts of pleading’ that are now public and inaccurate, or the application, in any way at all. The Supreme Court held that there was no application in law. This does not address the complaint. The complaint was that Ms Flores was misrepresented in fact in Judgment. 5 February 2014. Order of Supreme Court. (P345)
Letter of inadmissibility from ECHR (including typographical error). April 32014. The deadline for the additional information requested by the Court in its letter of 10 February 2014 was 4 April. Email 10Feb 2014 (P346)
Additional documentation was posted and faxed on 3 April. (P347-357)
The Court may not have had an opportunity to consider the additional information/documents comprising Supplementary Table of Statement of Facts and medical evidence faxed before the date given (4 April), with the intention of adhering to the application format, and the application may have been considered inadmissible on that basis at the end of March without the Court having sight of the additional information requested by 4 April 2014, and without further dialogue with the Registrar as to other documents that may be still required, and prior to the deadline for an ECHR application of 3 August.
The Applicant apologises if there has been any misunderstanding. Letter of inadmissibility from ECHR. April 32014. (P358)
The applicant emails a Human Rights specialist lawyer, taking advice on exhaustion of domestic remedies and reapplication to ECHR, before the deadline, and within six months of the last domestic judgment. With this advice she emails the Supreme Court.
Email correspondence with the UK’s Supreme Court confirming that all domestic remedies are exhausted. (P359-361)
Reapplication to ECHR, after taking free legal advice, with new and substantial grounds, and revised, additional and extended relevant supporting legal arguments and material, so as to meet criteria of Articles 34 and 35 of the Convention. The application is submitted within six months of the last domestic Judgment of the UK Supreme Court.
Previously, domestic remedies may not yet have been exhausted. The last Judgment, and email confirmation from the Supreme Court stating that all domestic remedies are exhausted, had not been received by the Applicant, although it had been applied for. Additionally, page numbering in the first application was inadequate with regard to ease of referencing evidence and legal arguments. The Applicant is currently in receipt of social security benefit in the UK. She draws the Court’s attention to reduced financial circumstances due to the repossession of her business premises. She has been unable to pay for legal advice to assist with her applications. She has incurred significant costs in producing and posting the application and supporting documentation. The Applicant has taken advice, at no charge, from a barrister, and further to this advice is submitting an application with new and broader legal arguments to support the article breaches complained of, and additionally, new and relevant evidence to support these, and a substantively enhanced arguments. She regards this application as of wider importance, beyond its relevance to her personally, due to the public interest ramifications for leaseholders of business premises in particular, and more broadly, leaseholders of commercial and residential property, with regard to their security, legal status, insurance and their protection against risk, and their right to peacefully enjoy their possessions.
Emails to the Civil Appeals Office chasing transcripts of the appeal hearing. Proof of Identification and proof of £52 a week income since 2008, sent by registered posted. (P362-378)
The transcripts can be forwarded to the European Court of Human Rights if and when they are received from the Civil Appeals Office. In the meanwhile this application has new grounds of email evidence that will suffice, from the solicitors of the landlord that Ms Flores asked as stated for an Implied Covenant for the landlord not to breach the terms of the insurance, in contract, clause 5(22).
…………………………………………………………………………………………..


 F. Statement of alleged violation(s) of the Convention and/or Protocols and relevant arguments

Article Invoked and Explanation

Article 1 Protection of Property
(1) The granting of the first Injunctions established proof of rent payment at the time of re-entry of both the Applicant’s premises. At the return date at the High Court 14 Nov 2008 where the injunctions remained, and at the second Permission to Appeal hearing, this finding of fact was established yet it has in two judgments been allowed to be misrepresented that rent payment was owed at the time of trespass/forfeiture, this was at the County Court and at the Court of Appeal Judgment. This error breached the Applicant’s right to quiet enjoyment of her premises as the error has been used to take both premises off her unlawfully.

Article 6 Right to a Fair Trial
(2) The lead up to the trial breached the Applicant’s right to a fair trial within a reasonable time as HHJ Cowell, the trial Judge, only responded to the landlord’s solicitors for disclosure. There was an inequality of arms because the insurers backed the landlord’s defence so provided no legal cover for the Appellant’s even though they held the same insurance contract. There was no order that fees should be capped. The Applicant’s Particulars of Claim were rejected and then accepted, wasting the Applicant’s time and money making up new Particulars of Claim and having two further case management hearings for this in court. The Judge allowed more expense by entertaining a section 25 Notice when it was clear that the issue could only be decided once the trial was concluded and in turn this breached the terms of the Injunction for quiet enjoyment. The time for the lead up to the trial was just under two years when it was ordered by the High Court to be done “at speed”.  More details of other issues relating to breaches of Articles 1 & 6 of the Convention of Human Rights and the ways in which the Convention was violated can be seen in the application Notice for Permission to Appeal, filed 13 Oct 2010.

Article 6 Right to a Fair Trial
(3) It was ordered by HHJ Cowell that both parties pay £8,000 each for a single joint expert in forensic accounting. The report was never used during the trial to establish losses and then continued to be ignored despite requests for it to be used in an N244 application made by the applicant to the Court of Appeal. The report establishes that losses were not overstated or exaggerated and that the appellants had suffered financial losses that had been proved in the report as fact. The ordering of this report and then the failure to use the report made the figures of loss seem unrealistic in the Court of Appeal which was not a fair representation of the true financial losses caused from the disrepair of the landlord’s premises that affected the Applicant’s premises.

Article 6 Right to a Fair & Article
1 Protection of Property
(4) The County Court Judgment breached Articles 1, Article 1 Protection of Property & Article 6, Right to a Fair Trial of the Convention of Human Rights. How the convention was violated can be seen in full, in the Applicant’s Notice for Permission to Appeal, filed 13 Oct 2010 in response to the County Court Judgment.

Article 6 Right to a Fair Trial
(5) The Right to a Fair Trial was breached since the Applicant, acting as litigant in person, was entitled to have her notes of Judgment approved, and also to have the notes of Judgment of the other side’s solicitors. Both were denied to her.

Article 6 Right to a Fair Trial
(6) The Judge admits he had not read the Claimants Submissions on Liability. He said he would read the Submission and do a second Judgment. The Applicant believes the Convention has been breached because the trial was already unfairly heard, as the Applicant was not allowed to put her case orally, whereas the landlord had four days
to put their case, with the Applicant who was representing herself, held in the witness box. This was already mismanagement of the trial time for the Applicant to plead her case. Therefore after nearly two years of waiting for the trial the Applicant’s case was never heard in Court. When the Applicant made this point in the County Court at the end of the 10 days trial, the Judge asked her to put her case in an email. The Judge now has admitted he never read her case as well not hearing her case at trial. How can a Judgment then be made? Continued Pages

Article 6 Right to a Fair Trial            
(7) Right to a Fair Trial, though the Judge had given commercial rents based on the Single Joint Expert advice and comparable rents next door. In the costs, however, he doubled the rent.

Article 6 Right to a Fair Trial             
(8) The costs hearing went ahead despite the Judge admitting he had never heard the Applicant’s case or read it. The costs hearing should never have been allowed to go ahead as liability had not been established.

Article 1 Protection of Property -            
(9) The Convention of right to peaceful enjoyment of his possessions and not to be deprived of his possessions has been breached. The costs hearing was illegal and without due process, and so was the possession of both shops at the costs hearing and all orders made there. This deprived the Applicant of her possessions, and any means which to make a living, and allowed a costs order that has daily interest to date to accumulate. This was before the second Judgement and, thereafter, before the Permission to Appeal application and Appeal process had been exhausted lawfully. A costs order is only at the end of a trial and is therefore financially inaccurate to date and should be subject to reassessment if any costs eventually apply at all.

Article 6 The Right to a Fair Trial            
(10) The Right to a Fair Trial was breached because the Judge admitted he had not read the Applicant’s submissions on liability, so he produced another Judgment to cover this error. The Applicant believes he did this to cover himself and did not significantly change the Judgment to take into account the Applicant’s submissions on liability.

Article 6 The Right to a Fair Trial - Article 1, Protection of Property           
(11) & (12) Right to Fair Trial & Protection of Property. The Applicant believes the indemnity costs in the supplemental Judgment for rent on both shops was unreasonable, as the rent was more than doubled without explanation, and without reference to any previous judgment on assessment of the rent that had just happened. There was no reason to establish indemnity costs in the case. The applicant believes that a stay not being allowed breached her human right’s, the applicant believes that relief from (or equal to) forfeiture was already established as she had at the head of all proceedings Nov 2008 provided proof of rent payment and the change made here in this judgment, that the judge could not judge this as it was, as he said out of his jurisdiction was just an excuse to take both shops unlawfully at this stage from the claimants, by bending the rules of section 139 of the County Court Act sub-section (2) (as seen in Ms Flores notes) to allow this illegality to take place. The judge stating that the claimants perused this case instead of trading was a wrong accusation, as he did not address the fact that at the time of trial and before that, at both shops there was still damage that still had not been repaired using insurance monies. The judge was wrong to state that offers to mediate were serious offers when they were only improper inducement. The first one to double the rent if we did not repair the floor costing £5,000 and the other offering us £25,000 the day before the 10 days trial, when we had spent £55,000 in legal costs to date so offering us £25,000 the day before a 10 days trial that would cost the landlord and their insured £100,000 in legal costs, should be seen for what it was, a tactic and a way to pay less than the 10 days trial itself. It was also a waste of our time and a very frustrating upsetting process on the day before trial.

Article 1, Protection of Property & Article 6, the Right to a Fair Trial           
(13) & (14) The Applicant’s believe that, Protection of Property & the Right to a Fair Trial, of the Convention of Human Rights, and the ways in which the Convention was violated, can be evidenced in full in the application Notice for Permission to Appeal, filed 13 Oct 2010 specifically pages 127-130.

Article 1, Protection of Property, and Article 6, Right to a Fair Trial           
(15) & (16) Protection of Property and Right to a Fair Trial, were breached as the Applicant was, during the period while awaiting the transcripts of the hearing, that were necessary in order to prepare her arguments for further hearing, put out of her fully refurbished premises, and whilst the premises were let to other tenants, rent free, and, as a result, the premises suffered further internal wear and tear, and damage. The delay was unreasonable, as three weeks is the normal time to proceed to Permission to Appeal. Liberty, the human rights organization, advised that it had not heard of the stipulation of having to obtain transcripts before Permission to Appeal. The Applicant believes this was another delay tactic to tire out the Applicant, to dispose of the case and to keep the Applicant out of their properties for as long as possible so any insurance claim could also be disposed of.
The Right to a Fair Trial, was breached when the Civil Appeals Office asked for the notes of the landlord’s legal team on the Judgment of HHJ Cowell, to be sent to the courts, after nearly two years of waiting for the transcripts. These unapproved notes were to be used to make the Judgment for Permission to Appeal.

Article 6 Right to a Fair Trial            
(17) Right to a Fair Trial was breached when the Judicial Assistant for the Master of the Rolls writes, within a report, that Permission to Appeal should be denied, despite stating there was a breach of lease, negligence and breach of statutory duty. This report was based on a previous draft had been made a year earlier in Sept 2011 by the Judicial Assistant to the Master of the Rolls, when the Master of the Rolls was the brother in law of the chairperson of the landlord at the time; Julia Neuberger, Chairperson of Community Housing Association until April 2012, and David Neuberger Master of the Rolls until Sept 2012. The Applicant believes that the Right to a Fair Trial was breached, as there was a conflict of interest, as a family member of the Defendant could be seen to have judicial influence, especially as the report was coming from the Master of the Rolls’ Judicial Assistant.

Article 6 Right to a Fair Trial            
(18) Right to a Fair Trial was breached as the Permission to Appeal was refused without due process, in haste, and without the ordered transcripts.

Article 6 Right to a Fair Trial            
(19) The Right to a Fair Trial, was breached when the Applicant was advised to take up pro-bono help, yet the QC to help them it seems had already been decided. This is not seen as fair, or independent, by the Applicant and delayed the case as the Applicant was required to wait another seven months for pro-bono advice, when her case was already, in her opinion, effectively pleaded at the first oral hearing.

Article 6 Right to a Fair Trial            
(20) The Right to a Fair Trial. The appellant after receiving the illusive transcripts and compared this with the solicitor’s notes and saw that the solicitors notes were totally inaccurate. This proves that the refusal of Permission to Appeal decision was fundamentally flawed.

Article 6 Right to a Fair Trial            
(21) The Right to a Fair Trial – The Order over a Stay was confusing and so this was later changed.

Article 6 Right to a Fair Trial            
(22) Right to a Fair Trial – The Applicant applied for Amended Grounds based on findings of fact. If a finding of fact is established it would be very difficult to argue that it should not be in the Grounds as there is nothing to prove. However the Applicant’s N244 application was not dealt with and, therefore, this, in real terms, cut out the issue of breach of building regulations, completely from of the case unfairly.

Article 6 Right to a Fair Trial            
(23) The Right to a Fair Trial – This article gives the Applicant the right to conduct her own case as a litigant in person. That is to say for all her issues in the particulars of claim, to be tried and for her to have legal judgment on them all. The Applicant was juggled between pro-bono legal advisors whose advice in part was compromising perhaps to play a tactical game in law and was certainly inaccurate in part referring to section 11 of the housing act which is about residential settings. All this was on the order of the Judge, which she felt she had to take in order to continue to be helpful to the courts. As a result she almost lost significant parts of her case in the process. The Applicant was then under pressure because of significantly late advice from junior pro-bono counsel and was ten forced to write her own Skeleton Argument for the Court of Appeal with very little time left before the Appeal to re-establish her case to the one it had been all along. The Applicant believes these tactics were used to cut her case down in size to just a few issues and that this was unlawful. She believes that her case has been allowed to be manipulated by the courts to avoid all the issues such as the breaching of Part F building regulations by the landlord, this ensure all premises built after 1999 have ventilation/air bricks as a minimum requirement for a residential social landlord who receives public money. The applicant worked tirelessly to ensure this and other issues were put back in the claim and were still within the grounds for which permission to appeal was given.

Article 6 Right to a Fair Trial            
(24) Right to a Fair Trial – The N244 application requesting the inclusion of the report of the forensic accountant, when referring to costs, was ignored. This meant an unfair reflection at the Court of Appeal was made with regards to keeping the indemnity costs ordered. The Court stated the claim was exaggerated when the joint experts forensic accountants report costing the applicant and the defendant  £8,000 each on the order of HHJ Cowell at the County Court proves it was not.

Article 6 Right to a Fair Trial            
(25) Right to a Fair Trial – During the Applicant’s appearance in the Court of Appeal, one of the judges immediately tried to change the way in which proceedings went. He suggested that the Defendant start the proceedings and that the Applicant reply. The Applicant refused as she had brought the case and knew she was the person who should start, and had two days in which it was to be heard, for which she had thoroughly prepared, including learning the 52 laws being used, that had been given to her by the other side’s solicitors at very short notice. The next day the defendant then spoke for a few hours, continuously, reading just a few laws that we all knew, and making very few legal points or interjections, and immediately after one of the judges said the applicant would have a chance to reply. The applicant then asked how long she had to finish presenting her case, and the Judge replied they would stop at 12 noon, so this meant the Applicant had 20 minutes to come back with all the legal arguments. I had to choose one text I had written, instead of giving a full argument, and I was very upset. I knew this was unfair, and as a result I was crying as I read as fast as I could, to get as much legal points in as possible and at least to my mind onto courts official transcript. This breached my human rights to have my legal case heard fairly. Then without warning or a clerk saying all rise, the three judges got up and walked out. I said I had not finished. They ignored me and carried on walking out. This was unfair and cut short my legal argument, and cut short the two days allocation for the hearing, breaching my right to a fair trial, after I had waited for two years and eight months to get to an Appeal hearing. I was then escorted by security out a side back entrance of the court.

Article 6 Right to a Fair Trial            
(26) Right to a Fair Trial – I believe my rights were breached under the Convention because the Judgment is sent for correction to the litigant in person before judgment is handed down and my corrections were ignored. I was misrepresented in Judgment, which wrongly stated I had asked for an implied repairing covenant, when I had in fact asked for an implied obligation that the landlord could not breach the insurance under clause 5(22) of the lease.

Article 1 Protection of property           
(27) Right to Protection of Property. The incorrect Judgment, failing to take corrections into account, ensured that I could never have peaceful possession of my property, and allowed a costs order against me unfairly.

Article 6 Right to a Fair Trial            
(28) Right to a Fair Trial – The Applicant believes that her legal argument was ignored in full in the Judgment, which breaches her right to a fair trial.

Article 6 Right to a Fair Trial            
(29) Right to a Fair Trial – The Applicant believes her right to have her case accurately represented was obscured by the Judge not considering any corrections to the Judgment as laid out in the N244 application. The Judge had a duty, by law, to consider the N244 application and give lawful reasons as to why the application was refused, as that is the purpose of a formal application. The stay on Judgment was necessary and the transcripts were necessary to prove the Applicant’s corrections.

Article 1 Protection of property           
(30) Protection of property. Ignoring the attempt to be heard by the Applicant, in the proper consideration of the N244 application, meant the handing down of this inaccurate judgment had a catastrophic effect on the Applicants right to peaceful enjoyment of her possessions, and equity, potentially for her lifetime, but certainly for her immediate future.

Article 6 Right to a Fair Trial            
(31) Right to a Fair Trial – The Applicant not only suffered misrepresentation in the Judgment, but her case is now misrepresented in the written reports by law firms, due to its significance in relation to the rights of leaseholders and tenants more widely. Her reputation, as a litigant in person, could have an effect on other legal situations she may find herself in. Most recently the Secretary of State announced a Public Inquiry and it is almost certain the Applicant will be called to give evidence. Her reputation and credibility must not be allowed to be misrepresented, or compromised, not only in relation to the ramifications for herself, but also in terms of the implications her case has for the rights of tenants, leaseholders and victims who rely on landlords insuring their premises and residences.

Article 6 Right to a Fair Trial            
(32) Right to a Fair Trial – I was not given a fair trial as a response to my application to the Supreme Court was delayed for eight months.

Article 6 Right to a Fair Trial            
(33) Right to a Fair Trial – The Supreme Court failed to deal with the issue in the application of misrepresentation, but said I had no point in law instead. I had not made a point in law; I had appealed not to be misrepresented at the Court of Appeal. This breached my Right to a Fair Trial and exhausted any UK remedy. Since the reply was late I then had to pre-empt an application to ECHR within the six months of the last Judgment, as I could not rely on ever getting a reply from the Supreme Court.

 ...............................................................................................................................................................

G. For each complaint, please confirm that you have used the available effective remedies in the country concerned, including appeals, and also indicate the date when the final decision at domestic level was delivered and received, to show that you have complied with the six-month time-limit. 

Article 1 Protection of Property
Violation (1.)
(1.) Action in Domestic Courts – Proof of payment was handed to Judge Wilkie at the Queen Bench Court 37, for an immediate injunction for the protection of property from the landlord and their bailiff. Keys for the changed locked were handed back to Ms Flores forthwith or the landlord would be imprisoned.
At the return hearing, with the landlords counsel present, upon proof of payment, Judge Christopher Clarke ruled to continue the two injunctions, until trial at the County Court or further notice.
Jan Luba QC established that there was no rent owing, at the time of re-entry, in his appearance at the Oral hearing.
Ms Flores offered the receipt of proof of payment to the Court of Appeal, who said they did not need to see it.

Remedies Attempted – Proof of payment given to the landlord at their offices before the second re-entry. Upon second break in, injunctions sought at High Court. Proof of payment was offered to the courts in all proceedings.

Dates of Decisions and Dates Informed of Decisions – 4 Nov 2008 at High Court, same day decision. 14 Nov 2008 at High Court, same day decision. 10 May 2012 at Oral Hearing, High Court, same day decision. 2 and 3 May 2013 at Court of Appeal, informed of decision in draft order17 May & decision handed down in Judgment 24 May 2013.

Article 6 Right to a Fair Trial
Violation (2.)
(2) Action in Domestic Courts – Complained about the trial in the Application Notice for Permission to Appeal filed 13 Oct 2010.
Remedies Attempted – The applicant was patient throughout and tried to adhere to the Courts requests and orders. The applicant produced the Particulars of Claim on time, then paid for extra particulars of claim, paid for the joint forensic accountants report, produced disclosure on time, paid for the preparation of the trial always advocating that she should be legally covered by the joint insurance, applied to the courts for disclosure but was ignored, paid for legal help to represent her case at the Section 25 hearing, paid for mediation the day before the trial, represented herself in the County Court and tried to be heard that she was insured for disrepair at all times.
Dates of Decisions and Dates Informed of Decisions – Lead up to the trial was from 14 Nov 2008 to 13 July 2010. 9 Sept 2010 County Court Judgment, same day decision. 20 Sept 2010 Costs order and supplementary Judgment, same day decision taken without a Judgment. The second and final Judgment 22 Sept 2010. Oct 13 2010 filed Application Notice for permission to Appeal that trial was unfair. Decision taken at Oral hearing 4 Dec 2012, order same day.

Article 6 Right to a Fair Trial
Violation (3)
(3) Action in Domestic Courts – N244 Application presented to Court of Appeal asking for the report to be used.
Remedies Attempted – Request on N244 application to Court of Appeal to use the report.
Dates of Decisions and Dates Informed of Decisions – 17 May 2013 draft order of Court of Appeal decision to dismiss N244 application. Informed on same day.

Articles 1, Protection of Property
Article 6, Right to a Fair Trial
Violation (4)
(4) Action in Domestic Courts – Complained about the trial and how a single law was used in Judgment for all complaints of disrepair in the Application Notice for Permission to Appeal filed 13 Oct 2010.

Continued on Page 1-7

Violation (4)            
(4) continued -
Remedies Attempted – The applicant represented herself in the County Court and tried to be heard that she was covered for disrepair at all times by insurance held jointly with the landlord. That disrepair was outside of her premises and therefore out of her control. The laws used in Judgment all stem from leaks inside the premises, they do not cover breach of contract and common law duty, they avoid taking into account the time taken to repair after notice of disrepair was given, they avoid the cessor of rent clause during the time of disrepair, that the premises had to be fully out of action and not partly as the clause states and they treat the landlord as a neighbouring occupier to avail any liability, when liability was covered from the point of damage and at all times by insurance cover of the development of the residential flats above under property owners liability (POL) cover enshrined within the joint insurance policy and in the lease contract (as seen in insurance documents Additional bundle B, available throughout the trial and handed up to the Court of Appeal).
Dates of Decisions and Dates Informed of Decisions – 9 Sept 2010 County Court Judgment, same day decision. 20 Sept 2010 Costs order and supplementary Judgment, same day decision taken without a Judgment. The second and final Judgment 22 Sept 2010. Oct 13 2010 filed Application Notice for permission to Appeal that trial was unfair. Decision taken at Oral hearing 4 Dec 2012, order same day.

Violation (5)
(5) Action in Domestic Courts – 9 Sept 2010 Judgment not supplied in writing. 20 Sept 2010 Judgment Not supplied in writing. 22 Sept 2010 Judgment not supplied in writing.
Remedies Attempted – The applicant emails County Court requesting to have her notes approved on the 13 Sept 2010. The applicant emails a request to obtain notes from the defendant. The email to the defendant’s counsel after the first judgment on liability was made on 9/9/10 was left unanswered and was later made obsolete by the 22/09/10 order relating to conditions of the application for transcripts to be obtained. As seen in section 8 of the Application for permission to Appeal submitted on the 13 Oct 2010.
Dates of Decisions and Dates Informed of Decisions – No reply from the court or the defendant’s counsel.

Violation (6)            
(6) Action in Domestic Courts – On the day of the costs hearing where the judge makes a decision to take all the property the claimant owns off her, the Judge admits he has not read the claimants submissions on liability before his Judgment on 9 Sept 2010. He then proceeds with the cost hearing before any judgment on liability.
Remedies Attempted – On 17 Sept 2010 the applicant submits an N244 application with the claimants submissions on liability and states there is nothing in Judgment to reflect the claimants case. She says she believes the Judge has not read her case. She asks for a stay on the costs hearing due on 20 Sept 2010.
Dates of Decisions and Dates Informed of Decisions – 20 Sept 2010 decision on same day to do a second judgment. Cost hearing goes ahead on the 20 Sept 2010.

Violation (7)            
(7) Action in Domestic Courts – Assessment of rent 20 Sept 2010.
Remedies Attempted – Applicant made representation at the assessment of rent hearing so that a reasonable rise in future rent was established based on variables of neighbouring rents and the joint expert forensic accountant witness being examined in the courts by the applicant.
Dates of Decisions and Dates Informed of Decisions – 20 Sept 2010 County Court Order.

Violation (8)           
(8) Action in Domestic Courts – The Costs hearing went ahead despite liability not being established.
Remedies Attempted – The applicants applied for a stay on the costs hearing in the N244 application.
Dates of Decisions and Dates Informed of Decisions – 17 Sept 2010 N244 application. Oral decision to ignore request for stay on costs hearing made on 20 Sept 2010.

Violation (9)           
(9) Action in Domestic Courts – Costs hearing
Remedies Attempted – N244 Application
Dates of Decisions and Dates Informed of Decisions – On the same date as the costs hearing 20 Sept 2010.

Violation (10)
(10) Action in Domestic Courts – Supplemental Judgment of indemnity Costs.
Remedies Attempted – Tried to stop the costs order in the N244 application.
Dates of Decisions and Dates Informed of Decisions – 20 Sept 2010 decision was made and the claimants heard this on the same day in court.

Violation (11) & (12)           
(11) & (12) Action in Domestic Courts – Illegal costs hearing where section 139 of the County Court Act sub-section (2) was misused as well as an indemnity cost order established with daily interest.
Remedies Attempted – The claimants took substantial notes of the costs hearing to prove that it was not only illegal but it was also unfair in forfeiture of both shops when no rent was owing, misusing 139 of the County Court Act sub-section (2). Allowing indemnity costs without grounds and not recognising that at both shops disrepair was continuing rendering both shops illegal and unusable to trade from. Ms Flores asked for an order on the day that both shops be fixed with insurance monies to honour the order for peaceful enjoyment as set out in the injunctions.
Dates of Decisions and Dates Informed of Decisions – The costs hearing decision had an immediate effect on the 20 Sept 2010 where both premises were taken off the claimants forthwith. The cost order was on the same day. We were at the hearing and so were informed on the same day. A very brief supplementary judgment was further given on the 22 Sept 2010 for the day of the 20 Sept 10 costs hearing proceedings.

Violation (13) & (14)           
(13) & (14) Action in Domestic Courts – County Court Judgments
Remedies Attempted – Application Notice for Permission to Appeal filed on 13 Oct 2010
Dates of Decisions and Dates Informed of Decisions – 4 Dec 2012 Permission to Appeal Oral hearing. Permission granted. Present at hearing and informed on the day.

Violation (15) & (16)           
(15) & (16) Action in Domestic Courts – HHJ Cowell at the County Court stipulated that transcripts of his Judgment were necessary for the application for permission to appeal to go ahead.
Remedies Attempted – The claimants chasing the transcripts of Judgment with the Civil Appeals Office for two years by email correspondence.
Dates of Decisions and Dates Informed of Decisions – 12 Nov 2010 – 10 Sept 2012 correspondence with the Civil Appeals Office to request transcripts of Judgment.
Action in Domestic Courts – Civil Appeals Office request transcripts of the defendant’s legal teams notes to make a decision on permission to appeal.
Remedies Attempted – Claimant objected by email to the Civil Appeals Office, to unapproved notes being used. Claimant compared solicitor’s notes to her own notes. Claimant then tried to put together a legal argument based on her first analysis of the laws involved in the judgment. The claimant corresponded at all times with the Civil Appeals Office.
Dates of Decisions and Dates Informed of Decisions – Decision taken on the 24 February to reject permission to Appeal. Sent immediately in the post to the claimant.

Violation (17)            
(17) Action in Domestic Courts – The Judicial Assistant to the Master of the Rolls writes a Bench memo recommending Permission to Appeal be denied.
Remedies Attempted – After obtaining this information and a copy of the memo, the claimant made the Court of Appeal aware of the memo and conflict of interest and stated this was an unfair trial within her skeleton argument to the Court of Appeal. She later did the same with the Supreme Court.
Dates of Decisions and Dates Informed of Decisions – The Bench Memo was written on 25 Jan 2012. The Skeleton Argument was written and submitted in the N244 application on the 21 March 2013 to the Court of Appeal. It was further submitted to the Supreme Court on the 21 June 2013. Civil Appeals Office - Lord Justice Jacob made a decision to refuse Permission to Appeal on the 24 Feb 2012

Violation (18)           
(18) Action in Domestic Courts – Permission to Appeal Refused
Remedies Attempted – Claimant objected by email to the Civil Appeals Office, to unapproved notes being used. Claimant compared solicitor’s notes to her own notes. Claimant then tried to put together a legal argument based on her first analysis of the laws involved in the judgment. Claimant continuously asked for the official transcripts of Judgment.
Dates of Decisions and Dates Informed of Decisions – Decision taken on 24 Feb 2012 and then sent to the claimant immediately by post.

Violation (19)           
(19) Action in Domestic Courts – 10 May Oral hearing. Correspondence between Laura Angus and Melanie Vasilescu regarding a mediation scheme. Note to LJ Ward from Laura Angus Lawyer Group B stating that Derek Wood on recommendation from the Judge should be contacted.
Remedies Attempted – Legal case pleaded effectively by the claimant was not judged. A second oral hearing with legal help was allowed. Information obtained to prove the actions of the Civil Appeals Office. Claimant obtained her own chambers of lawyers and asked them to contact the pro-bono unit so that her case could have independent representation and not be manipulated.
Dates of Decisions and Dates Informed of Decisions – 10 May 2012 Oral hearing. Email correspondence of Civil Appeals Office 11 May 20102 and 16 Aug 2012. Case Progression Chronology, 22 October 2012, written at Civil Appeals Office with two pages of handwritten notes.

Violation (20)
(20) Action in Domestic Courts – Civil Appeals Office sends the second Judgment to the claimant.
Remedies Attempted – Claimant compares the real transcript of Judgment to the solicitor’s notes and sends this to the Civil Appeals Office to state that the decision to refuse permission to appeal based on the solicitors notes was fundamentally flawed.
Dates of Decisions and Dates Informed of Decisions – 19 June 2012 second Judgment received from Civil Appeals Office. 17 July 2012 claimant sends email to the Civil Appeals Office.

Violation (21)           
(21) Action in Domestic Courts – Order given at Oral hearing
Remedies Attempted – Claimant asked her lawyer about the stay as she believes she has both shops back. Lawyer says there was some mistake in the order.
Dates of Decisions and Dates Informed of Decisions – Order changed as set out on 4 Dec 2012 Order and then sent by post to the claimant.

Violation (22)
(22) Action in Domestic Courts – The Applicant orally asks LJ Ward at the hearing 4 Dec 2013, whether she can further amend the Amended Grounds of Appeal, further to the late advice given by pro-bono Junior Counsel where she may widen the scope of the grounds. LJ Ward agrees.
Remedies Attempted – N244 Application to amend the grounds of appeal 2a, 2b, 2c, based on statement of fact, with amended grounds of appeal, with factual evidence based on these findings of fact.
Dates of Decisions and Dates Informed of Decisions - Submitted 21 March 2013, stamped 29 April 2013. Date of decision to refuse findings of fact in the N244 application were sent to the claimant on 17 May 2013.

Violation (23)           
(23) Action in Domestic Courts – Order 10 May 2012 to get pro-bono help.
Remedies Attempted – I Parted with pro-bono just in time to save my own case. Wrote my own Skeleton Argument with all the original issues back in place, still using the grounds that were given to appeal. I kept the fact that I would use clause 5(22) as the implied obligation under the laws quoted in my skeleton argument on implied obligations until the trial at the Court of Appeal, where I would throw this contractual technical curve ball 5(22) orally and since it was part of the grounds there was nothing they could say to me for asking for that. It fact 5(22) would complete my whole case and I knew it before I went to the Court of Appeal to state the laws that backed 5(22) up and also handed the Court of Appeal the insurance documents, an integral part of the lease contract (insurance documents handed to the Court of Appeal 3 copies for 3 Judges as seen in Additional bundle B) that backed it up in the lease contract too! So for all the manipulation so far I was going to be in a position to be judged finally on the real issues in contract whether anyone wanted me there in the court or not. I had a right to represent myself as I knew the case better than them all and I cared passionately about it, as my whole life that depended on it. I, in human rights terms should as a litigant in person have a right not to be manipulated and to be able to plead my case and be judged fairly on the merits of the case with the application of the law which I had at my disposal and was written up clearly in my skeleton argument and stated in the Court of Appeal.
Dates of Decisions and Dates Informed of Decisions – 17 May draft Judgment. No reference to 5(22) in the Judgment handed down 24 May 2013 High Court, The Strand.

Violation (24)           
(24) Action in Domestic Courts – N244 form was ignored at the Court of Appeal even though it was submitted on the 21 March 2013 and had plenty of time to be considered.
Remedies Attempted – N244 Application to use the accountants report. Another N244 application made on the 23 May to stay the Judgment pending corrections and also to use the report as applied for.
Dates of Decisions and Dates Informed of Decisions – N244 application submitted 21 May 2012. N244 Application 23 May 2013. 17 May draft Judgment. Decision made to reject the N244 application only in the draft judgment. The Judgment was then handed down 24 May 2013 High Court.

Violation (25)           
(25) Action in Domestic Courts – Court of Appeal hearing
Remedies Attempted – The three judges cut short the two days trial at the Court of Appeal during my legal argument. When draft judgment was then sent to me I attempted to help the judges by coherently replying to all of the judgment with all the legal arguments I had pleaded in the Skeleton Argument and at the Court of Appeal, in the corrections to the draft, since they had walked out mid my pleadings. Since the arguments were well known and fresh in my mind, I spotted very quickly that clause 5(22) was not mentioned and replied immediately by email pointing this out, as this small point was the making of the case and essential to be in the judgment as pleaded. I then replied to the draft Judgment in meticulously and in full within 24 hours to be helpful to the courts.
Dates of Decisions and Dates Informed of Decisions – Draft judgment 17 May 2013 and my reply 19 Feb 2013. Judgment handed down with no changes on 24 May 2013.

Violation (26)           
(26) Action in Domestic Courts – Court of Appeal I pleaded that I wanted an implied obligation to clause 5(22) of the lease that the landlord does not breach the terms of the insurance as I cannot either in this clause. Not withstanding that once the landlord has committed an act of omission effectively they breach clause 7(2) to keep the demised premises insured so have broken the lease contract anyway.
Remedies Attempted – I emailed the Court of Appeal to state the fact that I pleaded this and it is not reflected in judgment. I never asked for an implied repairing covenant as the judgment stated I did.
Dates of Decisions and Dates Informed of Decisions – 17 May 2013 draft judgment sent. 17 May 2013 email from claimant sent back to Court of Appeal. 19 May 2013 corrections in the judgment sent by the claimant to Court of Appeal.

Violation (27)           
(27) Action in Domestic Courts – Court of Appeal and Civil Appeals Office.
Remedies Attempted – An N244 application was sent with full corrections to the judgment asking for a stay on judgment until the corrections to the draft are looked at and taken into consideration. Most importantly that one thing was said to have been pleaded was incorrect and that the real pleading was taken out of judgment so misrepresented the case in full. This meant I could not have my bigger shop property back after many years and it has remained empty ever since as I see it every day as it is across the road from my home although the smaller shop is now let, I would still like to have them both back as is my human right and for the insurance to pay for the property owners liability and repairs, as is covered under clause 7(2). The corrections to the Judgment were sent by email and cover many issues that were incorrect to make the judgment completely misrepresented in full and therefore unfair in conclusion and remedy.
Dates of Decisions and Dates Informed of Decisions – 17 May 2012 draft judgment, my corrections in email of 19 May 2013 found on pages 301-316 of bundle.

Violation (28)           
(28) Action in Domestic Courts – Court of Appeal. The litigant in person pleads The principle of Ryland and Fletcher of ‘absolute liability’ because she is insured from the ‘point of damage’ and ‘at all times’.
Remedies Attempted – The claimant emailed the Court of Appeals Office in response to the draft Judgment where it was said that the principles of Ryland v Fletcher were to have not been pleaded by the Applicant. The Applicant had in fact pleaded the principles of Ryland and Fletcher, BT v Sun Life, Lord Cross of Chelsea at the House of Lords and the grounds of Barrett v Lounova and other citations in the Court of Appeal and in her Skeleton Argument.
Dates of Decisions and Dates Informed of Decisions - Draft judgment 17 May 2013 and my reply 19 Feb 2013. Judgment handed down with no changes on 24 May 2013.

Violation (29)           
(29) Action in Domestic Courts – Civil Appeals Office
Remedies Attempted – N244 Application submitted on 23 May 2013 for a stay on judgment was handed in at the High Court by the claimant. This had all the reasons why the judgment was inaccurate from the human rights perspective because it misrepresented her in full. This is not an issue of law this is an issue to have a fair trial.
Dates of Decisions and Dates Informed of Decisions – 23 May 2013 order sent 24 May 2013 to refuse the N244 application

Violation (30)           
(30) Action in Domestic Courts – The Judge rejected the N244 application whilst in another court case. He did not consider the N244 application nor give any reasons for the rejection of the points.
Remedies Attempted – Attended the Court to submit an N244 application and ask for a stay in the inaccurate and misrepresented judgment.
Dates of Decisions and Dates Informed of Decisions – 23 May 2013

Violation (31)           
(31) Action in Domestic Courts – Application to the Supreme Court.
Remedies Attempted – The applicant applied to the Supreme Court and was eventually told that there was no application in law. This was not what she had asked for; she had said that she had been misrepresented in her pleadings of the case in the Judgment. Therefore the reply some 8 months late made no sense to her application. As she was not arguing or had applied to argue a point of law. She had applied not to be widely misrepresented as this had ramifications for her and for many other cases, so the case had a very public interest, as publicity on the case in the bundle at 322-329 will show.
Dates of Decisions and Dates Informed of Decisions – Applied to the Supreme Court on 21 June and followed the CPR rules, expected the judgment to come back within the said 28 days of the Civil Procedure Rules rule’s but judgment arrived on the 5 Feb 2014 and was dated the 3 Feb 2014.

Violation (32)           
(32) Action in Domestic Courts – Supreme Court
Remedies Attempted – I applied on the 21st June to the Supreme Court to not be misrepresented. In the meanwhile this delay nearly caused me to miss the deadline to apply to the ECHR. So I waited until it was nearly six months from the last domestic judgment and made an application just to be on time in case the Supreme Court never replied because then I would be out of time for ECHR.
Dates of Decisions and Dates Informed of Decisions – 5 Feb some 8 months later I got a reply.

Violation (33)           
(33) Action in Domestic Courts – No reply from Supreme Court despite timely application.
Remedies Attempted – I waited patiently with the application about being misrepresented as I had had this kind of thing before with the courts so I did not want to antagonise them. In the past I had chased them and it made no difference. I then applied to the ECHR within time stating this lack of reply as another breach of my human rights. The right to a fair hearing and to have my case heard in good time. My experience to date had not followed this.
Dates of Decisions and Dates Informed of Decisions – 3 Feb 2013.

 I. List of accompanying documents
You should enclose full and legible copies of all documents.
No documents will be returned to you. It is thus in your interests to submit copies, not originals.
You MUST:
- arrange the documents in order by date and by procedure;
- number the pages consecutively;
- NOT staple, bind or tape the documents.
In the box below, please list the documents in chronological order with a concise description.

 1. Leaseholder’s notice of reports to landlord regarding disrepair - Agreed and disagreed with landlord at the County Court. (P1-9)
2. Communication between landlord and insurance broker, and between broker and insurers/underwriters. (P.10-20)
3. Report to UK Underwriting on property owners’ liability. (P21-26)
4. Communication re landlord’s acknowledgement of Applicant’s claim. (P27)
5. Proof of Payment to landlord, 31st Oct 2008. (P28)
6. Application for an injunction to prevent lease forfeiture (providing proof of rent payment). November 2008. (P28)
7. Interim injunction against landlord granted, permitting Applicant to remain at her premises. 4 November 2008. (P29-32)
8. Order of the High Court for injunctions to remain and for the case to proceed to County Court at speed. (P33-40)
9. Submission of Particulars of Claim, Schedule of Loss filed with the Central London County Court, dated 4 December 2008. (P41-55)
10. Smith and Williamson forensic report, produced by the single, joint expert, commissioned by both parties, Doug Hall, Head of Forensic Services (P56-60)
11. Judgment, Central London County Court, 9 September 2010. Judgment of His Honour Judge Cowell. (P61-85)
12. Email to Central London County Court for approval of Applicant’s Notes of Judgment, 13 September 2010 (P86)
13. Admission by His Honour Judge Cowell that he did not read the Claimant’s Submissions on Liability (N244 application). (P110)
14. Cost hearing, Central London County Court, 20 September 2010, His Honour Judge Cowell. Applicant’s notes. (No transcript has been received.) (P92-108)
15. Second Judgment, Central London County Court. 22 September 2010. His Honour Judge Cowell. (P109-114)
16. Supplemental Judgment, 22 September 2010. HHJ Cowell. (P115-118)
17. Notice to Appeal, includes issues arising from Human Rights Act 1998 and 13 October 2010 Grounds of Appeal. (P119 to 130, specifically Pages 127-130)
18. Samples of requests for transcripts to Civil Appeal Office. (P131-132)
19. Email from Bircham Dyson Bell to Civil Appeals Office. (P133)
20. Email from Applicant to Civil Appeals Office. (P134) and referencing 13 Sept 2010 email (P135)
21. Email from Civil Appeals Office, 3 Jan 2012 (P136)
22. Email from Civil Appeals Office, Jan 2012 (P136)
23. Email from Civil Appeals Office to Nikolaus Grubeck, the Judicial Assistant to the Master of the Rolls, Nikolaus Grubeck. (155)
24. 9 January 2012, Notes of Response by Applicant supplied to Court. (P137-154)
25. 25 January 2012 - Bench Memo (P156-163)

__________________________________________________________________________________________________________________________________________________________________________________________


LIST OF DOCUMENT CONTINUED
26.       Emails, 6 February stating all the documents to be put before the Lord or Lady Justice. (P164-165).
27.       Applicant replies, 6 Feb 2012 (P166-186)
28.       Civil Appeals Office Order refusing permission to appeal, Rt Hon Lord Justice Jacob, 24 February 2012. (P187)
29.       Enquiries reflecting interest continued in hiring Applicant’s premises (P188-189)
30.       Oral Hearing, LJ Ward, Royal Courts of Justice. 10 May 2012. (P190-195)           
31.       10 May 2012 Order to say Permission to Appeal and Stay of Execution to be adjourned (P196)
32.       Correspondence between L. Angus and M. Vasilescu, Civil Appeals Office, (P197-199)
33.       11 May email from Ms Angus to Ms Vasilescu. Note to Lord Justice Ward,16 Aug 2012. (P200)
34.       Applicant’s correspondence with Registrar re transcripts, Email 19 June (P201) and Second Judgment, 22 September 2010. (P202-207)
35.       Applicant’s email to Civil Appeals Office, re inaccuracies in notes of the other side’s solicitors, 17 July 2012. (P208-209)
36.       Further representations/requests from Garden Court Chambers, for transcripts to facilitate preparation of Appeal. 14 Aug 2012, 10 September 2012. (P210-213)
37.       Case Progression Chronology, 22 October 2012, Civil Appeals Office (P214-217)
38.       Order, Court of Appeal, permission to appeal on 7 of 10 grounds, (permission to further amend grounds of appeal given orally to the applicant), granting of a stay, 4 December 2012 (P218-219)
39.       Original amended Grounds of Appeal of Pro-bono counsel, Jan Luba QC, 16 November 2012. (P220-221)
40.       N244 application for amended Grounds of Appeal. (P222-250)
41.       Skeleton argument written 17 March 2013 and submitted by the Applicant, Ms Flores nee: Gavin to the Court of Appeal 21 March 2013, (P251-284)
42.       N244 Application was also for Smith and Williamson report to be referred to in the assessment of damages, 21 March 2013. (P222)
43.       N244 Amended Grounds of Appeal still in application. 31 March 2013. (P285)
44.       29 April 2013 Letter from A. Smith Listings Office, Civil Appeals Office. (P285)
45.       Draft Judgment is sent to the Applicant by email 17 May 2013. (P286-295).
46.       Applicant’s replies by email on 17 May 2013 stating clause 5(22) is not in the Judgment. (P296-299)
47.       19 May 2013 email reply from applicant to Judgment with full evidence of submissions (P300-316)
48.       N244 request for transcripts of Court of Appeal hearing and a stay of Judgment, with submissions, corrections to the draft Judgment (P317-318)
49.       Application Notice 23 May 2013 (contention that the N244 Application was not given due consideration). (P319)
50.       Order refusing a stay of Judgment 24 May 2013. (P320)
51.       Order dismissing appeal. 24 May 2013. (P321)
52.       Publicity on the case (P322-329)
53.       Appeal to the Supreme Court with citations, including reference to Article 1 of Convention on Human Rights, (protection of property). Issue of public interest (insurance), failure to supply transcripts of Court of Appeal hearing, failure to respond substantively to amended grounds of appeal and a request that the Smith and Williamson, forensic report commissioned by both parties be referred to in the assessment of damages. Certificate of Service, 21 June 2014. (P330-339) Human Rights Act (P336)
54.       Email from the other side’s solicitors supporting Applicant’s assertion of having asked for 5(22) of the lease as an implied covenant. (P340-344)
55.       Supreme Court Order of refusal to appeal based on ‘no application in law’ and not addressing the applicants issues of being misrepresented in full at the Court of Appeal .5 February 2014. Order of Supreme Court. (P345)
56.       Letter of inadmissibility from ECHR (including typographical error). April 32014. The deadline for the additional information requested by the Court in its letter of 10 February 2014 was 4 April. Email 10Feb 2014 (P346)
57.       Additional documentation was posted and faxed on 3 April. (P347-357)
58.       Email correspondence with the UK’s Supreme Court & Civil Appeals Office confirming that all domestic remedies are exhausted and still requesting a transcript of Court of Appeal hearing 2 and 3 May 2013. (P359-361)

The completed application form should be signed and sent by post to:
The Registrar European Court of Human RightsCouncil of Europe 67075 STRASBOURG CEDEX FRANCE
 



Mary J Valdivieso Fortuno Flores
32 Tonbridge House
Tonbridge Street
London
WC1H 9PB
                                                                                                info@spaceshift.co.uk

European Court Of Human Rights                                    19 August 2014

Dear Clare Ovey,

Thank you for your letter dated 8 August 2014, received Friday 16 August 2014.

According to Rule 47, Contents of an individual application.

2 (b) The applicant may however supplement the information by appending to the application form further details on the facts, alleged violations of the convention and the relevant arguments. Such information shall not exceed 20 pages.

The Facts, alleged violations of the convention and the relevant argument is the 20 pages exactly supplemented in the application and was cut down substantially to adhere to Rule 47. This is in accordance with 2 (b) of Rule 47.

3.1 (a) copies of documents relating to the decisions or measures complained of, judicial or otherwise;

Copies of documents relating to the decisions or measures complained of, judicial or otherwise; relates to the documents in bundle A & B in chronological order. This is in compliance with 3.1 (a) of Rule 47.

The date of the application as you verified is 28th July 2014 as such this complies with 6 (a) rule 47, within the six months.

6. (a) The date of introduction of the application for the purposes of Article 35 § 1 of the convention shall be the date on which an application form satisfying the requirements of this Rule is sent to the Court. The date of dispatch shall be the date of the postmark.

However if you still wish me to submit a summary of my application outside of these stated rules I am happy to do so under section 6 (b).

6.(a) The date of introduction of the application for the purposes of Article 35 § 1 of the convention shall be the date on which an application form satisfying the requirements of this Rule is sent to the Court. The date of dispatch shall be the date of the postmark.

(b) Where it finds it justified, the Court may nevertheless decide that a different date shall be considered to be the date of introduction.

Also if you wish alternatively, to me to sending you a further ‘summary’ as you requested, you can if you wish decide instead to look at the summary sent also which is enclosed in bundle A on pages 348-351 please let me know what you wish exactly in accordance with 6 (b) or otherwise.

Please note that everything in the Bundle A & B relates to
3.1 (a) copies of documents relating to the decisions or measures complained of, judicial or otherwise;

Including all judicial decisions and other measures as appropriate and necessary for this rule compliance.

I enclose a copy of the application 28th July 2014 with the allowed further 20 pages of the, facts, the breach of articles and the relevant argument, appended to the application as copy proof of complying with the rule 47.

With Article 35 1, The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.

Finally the decision of the Supreme Court was Feb 5th 2014 and I further complied with this rule and have applied within the six months deadline of the final court in the UK to make a judicial decision.

I have consulted a number of agencies and having seen my application and your return letter they have all verify my compliance in the 28th July 2014 application to Rule 47 as admissible specifically with reference to the 20 pages rule as it is generally understood.

However do please let me know if you need me to provide you with anything further or feel free to call me on London 0044- (0)207-837-6680 anytime.

Yours Sincerely




Mary Josofar Valdivieso Fortuno Flores.
MJVFF.
(AKA nee: Jo Gavin)

 
 
Ms Mary Josofar                                                             Ms Clare Ovey
Valdivieso Fortuno Flores                                                  Head of Division
32 Tonbridge House                                                            European Court
Tonbridge Street                                                            of Human Rights
London WC1H 9BP                                                            Counsel Of Europe
                                                                                    67075 Strasbourg Cedex
                                                                                    France

6 October 2014




Dear Clare Ovey

Further to your letter of 8 August 2014 (received 16 August) and my reply of 19 August (arriving 21 August) I write to enquire about application, reference 55519/14, as counsel, consulted on compliance, has forwarded an advice in relation to fees and if at all possible I am anxious to provide preliminary instruction to counsel in the event of the case being taken forward.

I look forward to a reply at your earliest convenience and in the meantime if I can provide any further information please do not hesitate to be in touch.

With best wishes.

Yours sincerely




Mary Josofar Valdivieso Fortuno Flores

                                                                       


With new legislation being debated on Monday next week on the Judicial Review Bill I wish to refresh you all on my own costs hearing of Sept 2010 where I was slammed with half a million pounds costs for standing up for my human rights not to have both my shops and social enterprises taken from me! Without capped costs for judicial review or indeed any civil court case as recommended by the Jackson Review then any of us can be up against a top corporate team as a litigant in person, a society, a justice center, a charity or a human rights watchdog and they will charge us the earth for being so audaious as to fight for our civil rights!

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As seen in my Skeleton Argument II post on this blog 3rd March 2013 post at the end of the post.

C.. Fine yes yes yes sure fine of course we have to fix them here (what is ‘them’?)
Z.. Yes
Z… Your honour
C.. We can’t fix a period less than 28 days
Z.. your honour I’m not I’m not sure about the 28 days
C.. umm on ..n Yes its ..   subject to 138 the court will order them to pay if the court is satisfied that the landlord is entitled (interesting word) is fortified to enforce forfeiture its 138 the court shall order within the possessions made within the lessors subject  to not

Hashtag SaveUkJustice

MY COSTS HEARING...Sept 2010 with daily interest rate on the costs to date...
Gavin and anr V Community Housing Association

Ms Bhaloo I suppose the next matter should be mean profits.. .. ....

MS Bhaloo: Well your honour we should deal with forfeiture now so your honour knows what the... so your honour doesn’t readily have concerns about knowledge and error but I’d hate your honour to do that without actually realising (can’t read notes)
HHJ Cowell: Yes can I just see what Ms Cracy has to say?
Ms Bhaloo Yes
Ms Cracy:  I ‘d like to ask for permission to appeal and I understand that that is something that has to be done straight away?
HHJ Cowell: Yes normally one asks on what particular grounds which area of the Judgment if not all the areas you say you stand a chance on succeeding on
Ms Cracy: The area well its difficult because you went very quickly and our notes are not written
HHJ Cowell: Yes
Ms Cracy: but it would be based on the fact that you only seemed to have used one law and it couldn’t be applicable to all the incidences in question
And also I understand that we found out that for the procedure that you can give us permission and it seems that there are different possibilities that you give us permission in which case then none of what the… (interrupted)
HHJ Cowell: Yes Yes if I refuse permission you can go to the high court and.. (interrupted)
Ms Cracy: but which Judge?
HHJ Cowell: The appellant Judge!
Ms Cracy: We also need to ask for a stay in this trial pending appeal
HHJ Cowell: Yes
Ms Cracy: Because everything stems from the liability aspect
HHJ Cowell: Yes well  (long silence)
Ms Cracy: and also only recently found out and correct me if I’m wrong but that because we are representing ourselves that we can ask the defendant counsel for the notes on the judgement
HHJ Cowell: Well what rather than anybody throwing notes your in a position to order transcripts of my Judgment and then because you.. the court would approve and then its made available to both parties and what I sometimes do if I receive them is I say that your time for the client to be ahead of time for permission to appeal can be extended until the particular time after the approved transcripts is received on the basis that you have to decide whether  you want to apply for permission to appeal within say three weeks and you must make an application for the transcripts within the three weeks
Ms Cracy: And that?.. (interrupted)
HHJ Cowell: and that takes some time doesn’t it?
But it means that you have to do your part of it within a limited time but it means so you have a period to decide and then if you do decide whether you want to get permission you must make an application for the transcripts say from the as it would be the transcripts of the 9th Sept and also today (long pause) I suppose the point of law is whether I’m right and find the test in Guild or whether there is a greater liability in the on the defendant only
Ms Cracy:” and the landlord having.. (interrupted)
HHJ Cowell: Well well well the landlord and a greater liability on the (pause) generally we’re not encouraged to give permission to appeal but what I’m inclined to do is either of you, you can take it further and something Ms Bhaloo says it seems to me I should adopt the.. what I just said that we would have until 3 weeks from today in which to decide whether to order the transcript and if you do order the transcript any more time for me in that case in the court of appeal will run from say three weeks from this time you contact us
Ms Bhaloo: Please your honour my attitude to that will depend on pressure on the stay
HHJ Cowell: Yes I haven’t come to the stay
Ms Bhaloo: So you see your honour I can’t .. if there is no stay then to a certain extent that the time frames although of course there should be finality and the financial side and the same approval with the transcripts 3 weeks to decide then our attitude to that might be well.. (interrupted)
HHJ Cowell: Perhaps I better deal with umm can I come back to the stay later on as Ill be in a better position to see what the full ramifications of my decisions will amount to when I’ve gone into the opinions
Ms Cracy: Can I just ask one more question?
HHJ Cowell: Yes do ask
Ms Cracy: If there is …although you have refused permission to appeal do we have to get permission with the right to appeal but if there is no stay as of today on the remain of the trial then… (interrupted)
HHJ Cowell: Well can I come to the stay later on because I want to see what the financial implications are
Ms Cracy: Ok
HHJ Cowell: Because I’ll know as I understand it there’s been peaceable re-entry by forfeiture and you are entitled to get the lease back on payment of arrears then ..
Ms Bhaloo: errr
HHJ Cowell: Not under section a hundred and.. (interrupted)
Ms Bhaloo: 139 is (7 or 11) months after re-entry and the re-entry was in Oct 2008 your honour they? … …. ? Want the place they claim? 30 grand?? (Can’t read notes)
HHJ Cowell: I'll have a look at that
Ms Bhaloo: Your honour I ‘m sorry to interrupt
HHJ Cowell: Just a moment Ms Cracy can I, I’ll come back to the stay make sure you mention it again but I want to see what the consequences are working out what my judgment against you says
Ms Cracy:  Its just I m seriously worried that the consequences will be that the that we appeal will end up in that…
HHJ Cowell: I follow that but .. (interrupted)
Ms Cracy: Meanwhile….
HHJ : Yes we’ll come back to it later I promise I’ll come back to it later
Ms Cracy: Thank you
HHJ: Ms Bhaloo
Ms Bhaloo: We can discuss mean profits according to the Judgment that your honour gave, umm your honour has the evidence in relation to the amounts that the we would go for with forfeiture
HHJ Cowell: Well were are the amounts
Z.. Your honour if I just while I’m here I’ll hand those up
C.. Oh yes I see now
Z.. if I just
C.. yes yes
Z.. If I just take your honour through the various things so start starting with as your honour knows the client forfeited on the 29th Oct 2008
C..And what was the arrears at the time?
Z..Your honour if I'll take you through the exhibits
C..I wonder if it’s not time to take a cup of coffee there is something in D1 oh one of them..
Z..your honour if if...
C.. Its in the bundle statement ohh yes 85 -92??
Z.. Your honour that's the second one the first one is before that if you can see
C.. Oh yes yes..
Z.. Your honour I’m sorry I know your not I see you’re not but your honour Tab 16 page 77
C.. B1? 77 have you got a copy
Z.. Yes your honour
Z.. Do you want the two of them
C.. No no no I’m fine
Z.. If you’re sure
C.. Yes yes
Z (blab can’t read notes)
C (can’t read notes)
Ms Bhaloo If you look at the statement, which Monique Jamera confirms, and accept that as your honour sees.. (interrupted)
C.. Yes
(Ms Zia Bhaloo as ‘Z’)
Z… that there were in July that the applicant fell behind with their rent she sent out notice of arrears I’ll take your honour through these
C.. Yes yes I see
Z.. On the 14th August and in response the applicant sought legal advice (on the 24thaugust 2008) which we may have looked at in the July trial and that stated the applicants had a different plan and that they would write further within the next few days and then the September quarter wasn’t paid in relation to both and so further arrears sorry and so further notices were sent out and again your honour I can take your honour to those notices so 2625 in relation to 104 and 3500 in respect of 106 and those said that if rent arrears were not paid then bailiffs were instructed to re-enter and your honour in fact I will remind your honour of the covenant of not paying rent which your honour has set out in various and.. (interrupted)
C.. Yes, yes
Z.. and it's a covenant to pay by standing order by equal quarterly payments in advance on the usual day without deduction and then that clause 1 and I’ll be quick time wise clause 6.1 relates to re-entry and we are entitled to re-enter if the whole or any part of the rent is unpaid for 21 days. You see some rent had become due in July and some of it was paid and some of it wasn’t
C.. So what was the arrears in July?
Z.. Your honour
C… Perhaps it doesn’t matter
Z… I’m not sure it does matter
Z… because if you read here the statement … I've got here your honour has it really from I can show you I B2 tab 8’ there’s two lots of numbering
C.. 420
Z .. Yes
C… Yes
Z . and so your honour that's the order so your following the the the June report ....... 104 arrears amounts to 1 thousand 450 your honour see that part
C.. Yes yes
Z.. and... then the next page
C.. Same for the other
Z.. Yes yes umm and then if one goes on your honour will see the letter from Steeles  27th August
C.. Yes
Z.. and then your honour the 20thOct letters page 65 and 17 so on 104 2625 and on 106 3548.
C yes
Z.. so if the court will look at the 29th Sept
C.. Yes
Z.. That letter is warning there, there is only 21 days thereafter and then we re-enter on the 29th.
C.. Yes
Z.. Your honour there is also if I may while we are here can I show you another letter that came just prior to re-entry
C.. Yes
Z..Tab 9 page 37 your honour this is the letter that came
C.. Tab 9
Z.. 469
C.. 469
Z.. that's dated the 24thOct  2008 it is a letter with which we were told in oral evidence was drafted by Steeles but then the claimants sacked Steeles and sent the letter and your honour we can’t really read all of it but on page 70 paragraphs 6,7,8, and 9 the claimants were saying look we shouldn’t be paying any rent and you cancel any further demands
C.. hmm
Z.. Look your honour look not withstanding the fact the claimants say that they did in fact they did send the cheque the previous day the 23rd of Oct your honour that cheque didn’t reach us and was never planned ever and assuming it was sent your honour which I don’t think the landlord but it was stopped according to the claimants evidence on the 29th when they realised that re-entry had taken place
C.. Oh I see
Z… Yes
C.. The cheque was stopped at 471 B2 471
Z.. Your honour I should make it clear that if it were issued but I think indeed (can’t read notes) that it is completely inconsistent with the letter so it wasn’t that it was stopped and the re-entry took place on the 29th
C.. You mean that your client never went to the bank and paid it in
Z.. No it was never received
C.. It was never received yes
Z it was never that we went to the bank we just never received it
C.. Yes yes I see it was never received so you assume it was stolen
Z.. No we were told by the claimants that they paid it because of the re-entry we think that that's made up (can’t read notes)
C.. The only thing that matters to me whether its in dispute that that was not paid
Z.. your honour if the claimant had had the payment stopped and then an on-line transfer was made we have that we have that too
C.. What, what is that?
Z.. Sorry
C.. How much was that?
Z.. All the amounts that were in arrears after forfeiture had taken place
C.. Oh I see and is there a reference to
Z.. Yes.. Well that’s on the next page 432 your honour has the (interrupted)
C.. Fine..
Z..Your honour do you want to have a
C.. Oh this is the umm Ms Cracy’s statement
Z.. Yeah and then the
C.. I see Paid out £2,500
Z.. and the
C.. Oh two six two five
Z.. For both July arrears and the Oct oh sorry the Sept quarter date
C.. And that relates to both properties
Z.. Yeah
C.. So apart from the point about forfeiture that brings the rent up to date
Z.. At that point yeah after that quarter.. And then your honour
C.. That's all that you had said that was in arrears
Z.. Yes….. And then your honour
C.. It was one two I see the July it seems for some reason it was the same figure
Z.. It had been part there had been part payment
C.. Oh I see so that was £2,500 in July
Z.. Yeah
C.. and
Z.. well err yeah
C.. and then  .. well the figures that were transferred were the figures in the Oct letters
Z.. Sorry your honour were on
C..Not to the July
Z.. Yes your honours right there the July (family?.. can’t read word) yes
Ms Cracy: They’re the figures
Long Pause
Z:  Your honour there...
C: yes
Long pause
Z.. I’m sorry there’s I’m sorry
Long Pause
Z.. Your honour having seen these files of the debt that was outstanding at the date of forfeiture was paid on Fridays cancelled
C.. (a lot of umming but can’t read notes)
Z.. Say say
C.. The July the July payment had been paid
Z.. Some of that was paid
C.. But you say that by the 21stOct everything then outstanding was paid
Z.. Yep but
C..Then the July was paid
Z.. Yep but the at that point
Long pause
Z..Yes your honour how can I explain this fine if your honour looks at page 5 tab 8 then the whole confusion I’ve caused in the later figures I’ve showed you in Oct
C.. Ahhh
Z.. I think that's why I’ve caused confusion but page 49 does your honour have that
C.. Yes...
Z.. So that's in relation to 104 your honour the three quarterly rent in advance for the dependable date at the top
C.. Quarterly rent in advance yes....
Z.. On the 29thSeptember your honour that's when the dependant quarter will be made unpaid and then if you look below on the 22nd Sept the balance brought forward that would be balance from July that had not been paid
C.. Oh yes
Z.. and that makes a total of two six two five
C: Ahhh
Z.. that wasn’t paid and then we have the same calculation that wasn’t paid
C.. I see
Z.. to 106 we have the dependant quarter and then brought forward the June balance not paid which makes a total of three thousand five hundred
C.. I see
Z.. So they the balance of.. (interrupted)
C.. Oh so that between 20thOct letters are referring to the two of them
Z.. Yeah yeah
C.. I follow I follow…………yes
Z.. And those sums were then transferred
C.. (can’t read notes) and they were transferred on the 31st
Z.. Yes after the forfeiture had taken place
C.. Yes.. … Yes … … so.. Those are the facts that these facts were re payment can I just see if Ms Cracy wishes to add
Ms Cracy: Umm
C.. That on the 31stall the rent due was paid
Ms Cracy: Yes that all the rent was paid up to the end of September
C.. Yes
Ms Cracy: I don’t agree with all that she says in the letter of July because in the gallery the floor had been taken out and that the floor had been covered by the insurance well I’m not going to go through the whole insurance
C.. I certainly don’t need you to do all that … but just at the moment I’m concentrating on only the figures when
Ms Cracy: I’m just trying to explain that we couldn’t get the floor fixed and when we had all the very important bookings on top of all that instead of accepting that then they on top of that… (interrupted)
C.. The section 25 notice yes yes
Ms Cracy: Those are the reasons why we thought we didn’t have to pay the rent
C.. yes yes
Ms Cracy: When we met with solicitors from a firm called Steeles Law it was them that wrote the letter and it was them that told us that we could trigger the cessor of rent clause
C.. Yes well you don’t have to tell me what advice your solicitor gave you
Ms Cracy: Well it’s important because it's the reason we wrote that letter
C… You can yes you can but I’m just telling you don’t have to
Ms Cracy: I don’t really follow, I’m not very good at speaking….(interrupted)
C… Well you don’t need to worry about why you went to solicitors I can quite understand why you did just at the moment I’m concentrating on the figures it seems there’s an agreement between the two of you as to what was paid and when and effectively you can bring matters entirely up to date on the 31st August ah October
Ms Cracy: Yes we actually sent the cheque and we actually heard from no one
C.. No one
Ms Cracy: No answer we sent that letter as we couldn’t afford the solicitors they did very little work and charged us an exceptional amount of money and we tried to use the parts of the letter they showed us but we had very little confidence or trust in the defendant and so we took the advice in the letter and we just thought we’d approach it in a different manner
C.. And now your cheque you sent it was never attached
Ms Cracy: No it was never attached and there was a conversation between Ms Flores and
Ms Flores: Clarence
Ms Cracy: Clarence at the finance department
Ms Flores: Lots of cheques had gone missing
Ms Cracy: As far as that.. (interrupted)
C.. Yes yes what ever the conversation Ms Cracy was.. (interrupted)
Ms Cracy: Well the conversation was that he said that there was a lot of cheques that went missing recently and that there was a problem between reception and finances, which is when we decided to make a bank transferred to ensure that it couldn’t go missing and yes it was after the bailiffs had got, the transfer
C. Sorry what was after the bailiffs?
 Ms Cracy: this happen after the bailiffs had broken in we phoned
C.. The conversation between Clarence and  yes...
Ms Cracy: Ms Flores yes and we delivered a couple of bank statements that showed the transfer had been
C.. The transfer
Ms Cracy: had been done. In actual fact that transfer was done on the evening of the 30th Oct but only appears on the statement the day after on the statement
C… Was that the day of the conversation between Clarence and Ms Flores?
Ms Flores:  The transfer and the conversation was all on the same day
Ms Cracy: OK yes, (to Jo) yes, yes your honour and
C.. The same day
Ms Cracy: The same day and the bank statement and the proof of payment was hand delivered to the defendants office the following day
C.. So that's the bank statements
Ms Cracy: Yes, I would also like to say unless it doesn’t make any difference but there was no hope of payment being allowed at the office
C.. Yes
Ms Cracy: and that hopefully that was for all
C…. Anything else?
Ms Cracy: No
C..Right Ms Bhaloo umm why doesn’t that restore the lease on the basis of the equivalent of relief from forfeiture?
Z.. Your honour right can I hand of the?
C..  Yes yes thank you very much, Anyway the facts about payment are agreed
Z.. Yes they’re agreed (are we agreed? Not to my knowledge but I was ill that day so just took notes)
C.. (Muttered can’t read notes)
Z.. Your honour its my impression anyway that the forfeiture took place and the lease came to an end now what I’ve handed out first of all is an extract from Woodfall paragraph 17 of 194
C.. Yes
Z.. Relief within six months of peaceable re-entry so where the lesser has forfeited land for non-payment of rent by re-entry without action the leases may apply to the county court for relief at any time within 6 months of the landlords re-entry and on such application the court may get such relief that the high court would have granted…..  Your honour there are cases where you can’t really have courted to grant relief outside the courts processes and there are cases about that (which she doesn’t mention) and whether that is.... possible or not but that's not what is happened here we were never able to grant relief we in fact the claimants ignored possession and broke back in and we… re-entered again on the… 4th Nov and then they went off to the high court so they’ve been in possession since then… your honour there has been no application before you in these proceedings there is no entry on the claim (apart from we took it to High Court!!)
C. Was it ever drawn to the court?
Z.. Your honour your honour they had Lesley Longhurst Woods actually and she said something actually (debated by Chan and I publically yes she did no she didn’t!!) about a claim for relief and your honour said yes I wouldn’t mind they..  they’ve.. They’ve… never but the county court can as standard the only and the only jurisdiction that we had to grant relief was under section 138 in association with 139 on the next page the next extract I’ve handed over your honour sees that 138 applied this section has effect where a leasse sorry when a lesser is proceeding by action in the county court being an action in which a tenant has jurisdiction  (can’t read notes no extract handed to us) for non-payment of rent and in that case where we would proceed by action then if you pay the rent (never mentions order in high court not to pay rent by HHJ Clarke or if the fact had we applied in isolation ‘from all the facts’ i.e. harassment, extortion, bribery, cessor of rent and breaking an entry for relief she’d have tried to use just this technicality earlier on and hoped to close the case which they didn’t manage as we brought it to the Queen’s Bench court 37 in 2008) in then you get relief  but page 139 sorry section  139 two which is section in a couple of pages over your honour and that is the perception that Woodfall the extracts from Woodfall  refers to, where a lesser has enforced against a lessee by re-entry without action
C.. This is sub section 2?
Z.. Yes your honour
C.. I see..
Z Arrives at re-entry or forfeiture of the.. Any land for non-payment of rent the lessee may at any time within six months from the date on which the lessor re-entered apply to the county court for relief and on entry and such payment the court may in effect grant to the lessee such relief as the high court granted
(Now don’t you think that that last statement ‘such relief as the High Court granted’ is her undoing?)
Your honour and in my view there’s no jurisdiction to grant relief now and your honour it would because there’s been no rent payment for the period of two years (as rent was asked for by her at the High Court and answered ‘I don’t think so’ very sarcastically by HHJ Clarke’ in what was said then by HHJ Clarke for everyone’s benefit to be a speedy trial establishing all the issues at hand at the county court hence these proceedings) since the end of 2008 any relief would have to be on terms that those arrears those sums are paid with immediate effect
C.. Well it would be everything up to the date of the re-instatement of the lease
Z.. Which would be if there were jurisdiction, which I may remind you that there is none
C.. Yes yes there.. (interrupted)
Z.. That would need sorting out
C.. Yes
Z we can’t have if we carry … (interrupted)
C. Yes. There is an authority on… on that very point but… the relief must relate to the time of the hearing
Z. Yes
C..Relief indeed from
Z.. Hmm hmm
C..But.. It’s more a statement than a (mentions law with no conference to our lack of knowledge and offers no common explanation as is just speaking to her, the legal family, and I am stunned at this) Stuart Collier.
Z.. Oh yes of course
C I believe
Z.. Your honour and we’ll leave that but the purpose of relief would be to put the landlord back
C.. In the position that he
Z.. If he had been if he, which is why a regime of cost in that sort of circumstances its its obvious even if I may say so your honour with out the btt et er het er er  thet that ere that there is there is authorities all all and there is authorities that you can’t just say pay it sometime before we’d have to be satisfied that it would be paid and feel pretty confident
C.. And it would have to be within a period of not less than 28 days (interesting we paid 24 hours after cheque confusion) under section 138 if if it applies
Z.. If if it applies emm your honour I think I should …. Another
C.. Yes yes well I can always change that once the umm
Z.. Your honour theres a clear statement in in Woodfall as to the requirement  that the that the the tenant should be able ummm to paaay
Z.. Your honour so it not just j..t that can’t just be suspended indefinetly there has to be a .. .. they have to pay there has to be a definite date
C.. Fine yes yes yes sure fine of course we have to fix them here (what is ‘them’?)
Z.. Yes
Z… Your honour
C.. We can’t fix a period less than 28 days
Z.. your honour I’m not I’m not sure about the 28 days
C.. umm on ..n Yes its ..   subject to 138 the court will order them to pay if the court is satisfied that the landlord is entitled (interesting word) is fortified to enforce forfeiture its 138 the court shall order within the possessions made within the lessors subject  to not
Z.. Yeah so not yeah
C… For release
Z..Yes sorry I’m concentrating on 139 because in my demission section 138 does not apply (carving it up!!!)
C.. I quite follow but if it were I .. would still yes
Z.. Yes
C.. Trying to see what the figures would be
Z.. Yes your honour
C.. unless of course the rent all the rent was in  ..ah possible way yeah..
Z.. I’m also reminded that in high court in Nov 2008 the claimants were told to apply for relief
Ms Flores: We were not
Ms Cracy: Yeah
Ms Flores: We weren’t were we?
Ms Cracy: Yeah
C: (mutters a lot to her so it won’t get on transcript probably he knows that one!)
LOOONG pause….
C.. Yeahh
Z.. Your honour so it appears on my submissions on forfeiture
C.. So in terms of money claim under your counter claim
Z.. Yeahhhh
C.. What does it come to..
Z.. In terms of mean profits rather than
C.. The mean profits would run from the 25th of Dec because you get your quarterly
Z.. well your honour I’m not sure that that's a matter of law that may not
C.. That may not be right
Z.. Errr so so there may not be
C.. it brings it literally too
Z.. well that may not be what the law allows
C.. Look I don’t suppose that because the law allows (can’t read the notes) you can only get the higher amount (feeding it to her)
Z.. (sheepishly) yes
C.. (and then mutters a lot of what ever it is that old trick again can’t catch it)
Z.. your honour shall I give you the figures we’ve got?
C.. Yes
Z…and we can we can adjust them I do believe that we’ve handed up a schedule
C: Yes yes you did
Z.. So your honour will see that we’ve adjusted it from the 29th  umm umm so we can deal with that but in relation to what the total figure to what we’ve paid now is 13 thousand
C.. Just let me understand the system you are taking that first period of 57 days and you make it one o six nine eight nine on the basis of what I’ve signed on Monday and got and past since you received the payment at a different rate (Outrageous!) I could have attended the differences
Z… May I just check ………….your honour I think
C.. the rent was 5 thousand five hundred
Z.. yes your honour the way to deal with your honours point is simply to give credit for the sum we received on thee on thee 31st
C.. well provided it was thee it's a quarters worth five thousand five hundred divided by four  that's one three seven five
Z.. one three seven five yes your honour
C.. one three seven five
Z.. Your honour that would hmmm
C.. well that's a bigger figure than ..
Z.. ummm
C… But it ran from
Z.. yes it ran from September yes your honour we have to take a proportion of  off the one three seven five and your honour  we can do that we can do that calculation
C.. Yes yes
Z.. then we have to take the amount of one three seven five which applies to the seven days so we need something less than one three seven five on
C.. Yes well you better wipe that out
Z..and similarly your honour with one o six we would have to give credit with a proportion of the part of the amount paid and take that off the 26  48   1 on the last page we, we will do those calculations
C.. Yes so your bringing it in quarterly amounts
Z… Yes I’m not sure we’re obliged to do but that's just a change to do
C.. yes its sensible
Z.. I think there’s a slight advantage there
C.. And this comes up to ?
Z Yes .. (very long pause) right so your honour if one takes 57 days  off the 5500
C.. Yes
Z.. That is eight hundred and 58 pounds and 99 pence
C.. Eight five eight
Z.. 99
C.. 99p
Z..and if one takes  that offff the one o 69 89 that leaves you with a figure of 483.19 
C.. What
Z.. and if one takes that off a seven days period 483.92 four hundred and eighty three ninety
C.. You deduct from 1 o 6 9. 89 from that period
Z.. Err
Z Your honour I think I make that
C.. Oh well I didn’t
Z.. two hundred and ten
C.. Divided by 265
Z. err
C.. yes well and then you multiple by 6 or 7?
Z.. (bated breathe) yeah.. divided by two six five
C. eight five nine nine o
Z..and one o 6 9.88  minus
C ..89
Interruption by me about Oliver clearly filming and recording the procedures I saw him do it many times grab it off him but the Judge does not care at all…. He simply says:
HHJ Cowell: Can you take that outside…
Ms Bhaloo: I make that two hundred and 10 99
(long pause)
Z.. That's two hundred and ten 99
C.. (almosts sings) two hundred and ten 99 ( he’s nervous though about what I just said to Oliver as he has in no way addressed it and Oliver has left the court with his machine still left on the table)
Z.. and so the 13, 169 and 47 pence at the end what I think comes out to
C.. Whats the size of interest (very evilly said)
Z (very serious and teacherly annoyed too) may I just give you the figure for the rent before I COME ONTO (quietly) interest…
C.. Yes yessss
Z.. Umm Your Honour the 13 thousand is just been arrived it doesn’t include the interest (she’s speeding up now as only just got off her high horse and realised what he said and wants more cash for her clients so sounds more begging)
C.. 31
Z thirty one fifty nine
C.. Yes
Z.. If you take the eight five eight ninty off that it become 12 thousand 300 pounds and fifty seven and we can we can go over those to double check them
C.. Yes
Z.. I’m sorry my instructing solicitor makes it three hundred and ten may we just check .. … and we may have to redo that and your honour I will make sure we do the same calculation
C.. Well I think it might be a good idea if umm… I adjourn for a short time err it may that Ms Cracy wants to be satisfied how this is worked out, I think that's the answer but lets see …
Z… Perhaps we’ll explain your honour
BREAK OVER
Z… (some blabbery about her writing) Perhaps I can explain my writing sorry on 104 what I’ve done is 5500 divided by 3 hundred and 65 times six or seven to get to an appropriate amount
Z.. a proportion of the amount of rent and that Comes to 858 92
C…Yes
Z.. and if you want to take that off the amount that we were putting
C.. You get 2 ten 99
Z.. Yes and we were putting the total amount in the end it becomes 12 3 10 67
C.. Well 12 310 67
Z.. Then on 106  9,000 divided by 365 times 54 and its around 1405
C.. 1405
Z.. and one takes that off the one four seven 19 that is the vat figure of 741 pounds and seventy one pence
C… Yes I’m inclined to agree
Z.. and then
C.. I’ll Write in 741 721 (?)
Z.. and then right in  the end 5 thousand and seventy five and 88pence
C Right that s five thousand and seventy five and 88 pence
Z.. that's my instructions depending on (can’t read notes)
C: Yes Ms Cracy have you anything to add I don’t know if you happen to agree that
Ms Cracy: Can we deal with the first part (interrupted)
C..Yes
(longish pause)
C.. Can I tell you how I see it that because you never made an application for forfeiture its too late now plus even if you had made an application to appeal against forfeiture the only order I should make is too within 28 days or possibly a bigger period but not much bigger you make payment to the total of err 12 thousand 310.57 and 25 thousand 75 88 you could get absolutely one or the other of them ,back together also with some costs if it would be impossible in practice to pay that then  you haven’t got to the stage of bankruptcy???
Ms Cracy: Really? Can I talk to you about that law
C.. Yes (can’t read word) that will be at the end???
Ms Cracy: That will come at the end of the trial
C.. Yes that comes to an end at the end of the trial
Ms Cracy: And wouldn’t you at the end of the trial see that that was the appeal?
C.. If You get it and you were to appeal then ..  at a time of .. .. your claim … because of the (counter claim?) you would have to … pay and if you have nothing to pay
Ms Cracy: I’m not sure????
C…I don’t know what do you want to do
Ms Cracy; Well I believe we have been  (can’t read note)…. ….
C… and that's what you wanted to say?
Ms Cracy: Yeah and the …. (can’t read note)
C… Yes well just before I finish have you got some other points you want to raise (he is mean now) can I just ask Ms Bhaloo your view does include the total (can’t read note)
Z  (can’t read note) your honour etc
C In terms of that ( can’t read notes)
Z Well your honour I would seek a declaration that … …. it has been forfeited and … (can’t read notes)
C Yes Yes
Z And that it absolutely had come to an end and … the effect of that that despite the injunction … … blah Law blah blah (can’t read notes.
C Yes Yes and that would be the end of the case
Ms Cracy In relation to mean profits taking into consideration the valuation on Monday (blah blah can’t read note) and that mean profits would be over the valuation of rent that was meant to be paid.. (blah can’t read note) … fit
C Well one can ignore completely the..
Ms Cracy But what I mean is that from the period of forfeiture right to the time where the rent was due for … does that mean you are raising the rent . . ….
C Yes I m raising the rent to what was established on Monday I m taking into account that your payment at the beginning of Oct covers the rent till Dec not all that's why the .. (blah Can’t read note)..
Ms Cracy Over £9,000 because that's why we are not satisfied that the rent is over .. (can’t read notes Bla blah… )
C Yes I’m afraid it's a matter of the law that follows that that's the rent  note ( can’t rbla bah) yes sadly it's a case that follows the case of forfeiture the fact that you have no arrears .. (blab la can’t read note) and if there is anything else you want to say
Ms Cracy Well the lease (can’t read notes blah..)
C Well that has come to an end  (Can’t read note Bl blah)
C The only thing I could do is if you are able to make some form of payment… …. (can’t read notes Blah blah)  at least something that seems reasonable £12,000 or £25,000 that might that might impose (blah blah can’t read note) some sort some sort … yes… The trouble is you see I have to assume that you cannot pay and in fact you … … the premises … Have you been able to use the premises why would you want them back etc ….
Ms Cracy (Blah blab la blab la … very long explanation on use of premises with leaks etc but can’t make out the notes)
C Back to his Judgement on the 9th Sept I won’t repeat the question of appeal still stands. At the date of peaceable re-entry by the defendants on the 29th Oct there was er rent outstanding the only thing that can be set against it unfortunately from the point of the claimant is the Judgement of £100 which I gave on contemplation in the Judgement of Monday 20th Sept. The amount of the rent in arrears on the date of the 29th Oct was transferred by the claimants to the defendants on the 21st Oct ordinarily an application for relief by the defendants would have resulted in an order of the up to date sum to be paid under which relief was granted under the section 138 woodfall, unfortunately in this case the claimants did not make an application for relief from forfeiture and so when I am reminded that when they appeared at the county court that one of the instance they would be here and in accordance with 138 and 139 with sub-section 2 enable which to make an application in six months and because there has been no application I then don’t have any jurisdiction to grant relief but I comfort myself by saying that today the amount that today would be by way of mean profit if I had done anyway that's to see.. In the case of 104 that's £12,310.67
 And 106 £25,075.88 and if I granted relief on the basis that the rent had been paid up to date there would be something roughly in the region of about £30,000 altogether owed and that they may not have that kind of money by which some kind of stay while appeal could be drawn… so the order it seems to me I’m bound to make is that the defendants recover possession of the property now and that they are entitled to the two sums to be paid less the £100 I gave judgement … So that is the order that I make  on the basis of my .. Judgement….
Now the next point could be that the claimant could should, that there wasn’t any rent outstanding on the 29thOct even so they would still be obliged to pay the rent. It is a tragedy that instead of using the premises (Ha cheek which were unusable) it seems they have spent all there time and effort pursuing the defendant and a tragedy that it may be more that what they now find (in other words and now he is finally showing his true colours in carefully chosen words but you can see his face says exactly what he means, we should not have even dared ever to complain let alone get this far with this case and now the penny has dropped clearly that it has been deliberate that we were constantly being sabotaged by this court to give up and accept defeat with delays and no answers , with cost orders during lead up to trial, and no orders or even answers when it suited them and one sided trial with me in the box for 4 days and no chance to put my case across so told to put it in an EMAIL, then admitting he does not read even our legal submission until I caught him out so he had to put the record straight what in just one day and changes nothing and now all this today was a brutal and patronising slap from on high! It was corrupt!!! £100 off.. Joke)… So I should with permission from Ms Bhaloo that I should extend the permission time from the appellant judge to three weeks after the receipt of the claim of the approved transcripts of my……… but provided that the application was made by the claimants for the transcripts within 3 weeks of today…
So the difficult question is if you are entitled to a stay, its implicit in what I’ve said that I don’t think you are entitled to stay so it would seem to me that to grant a stay would only mean that the defendants would be kept out of the premises unless the amount mentioned in my judgement today.. in my judgement that I shouldn’t allow a stay.
Ms Cracy How long will we have to…
C Well its not really a matter… if you were to provide in terms of money something in the region of several thousand maybe more you could always ask to reconsider the question of a stay as I have to balance the interest of the parties
Ms Cracy (Blah bla can’t read note re time
C Sensible thing is if there is money to speak to Ms Bhaloo but I’m not being optimistic because I can only decide what should be paid when I know what the situation is
Ms Cracy In terms of my other question if there isn’t the money then how long…
C Well I’m afraid that the order is forthwith
Ms Cracy Which means?
C NOW…
(no note …but I remember she said to him ‘You Can’t do that’ and he smiled in her face)
Ms Cracy Isn’t that something you can consider in you Judgement
C They are concerned that the matter is forthwith and they may want time to remove the goods ( he speaks to Ms Bhaloo with an empathises on the ‘Goods’ as he puts it! With slight smile between them.)
Ms Bhaloo blah if the matter is stay… more money.. (na na na) happy you honour
C Just trying to answer ( unclear note blah bal) out of my jurisdiction (again unclear bla word)
Ms Bhaloo Well that just seems to leave the matter of costs
C Yes
Just to add that at one point the judge when he was explaining about the error of his ways again not reading our 90 pages, 245 paragraphs legal submission I did shout out, ‘Yes of course you were so confused because one had the word CLAIMANT on it and the other had the word DEFENDANT!!!!!!!!!!!!!!!!!
Also at the end of the costs hearing I read out an important thing in response to his outrageous TRADEGY comments and his point that we had never asked for ventilation which was ridiculous as we did from the start and clearly with good common sense reason as early as 2005 to Chris Natt about banging out a door…
Plus when I started the case I said we would rely on three important documents..
Banging out a door letter to Chris Natt was one of them!!!
I said, to the Judge finally ‘ We would like expressed permission (from you) which has to date been withheld, ignored to put in ventilation… 
(As we can’t do it without permission from them, which they won’t give and can’t get planning permission they have to, to go through the structure or they’d sue us, catch 22, which is nicely convenient for them while the trial was going on..)
Expressed permission to honour the high court Judgement to allow ‘Quiet Enjoyment’ of the claimant in both businesses to be able to short/long term hire as set out in request letter for the lease as a place for hire’.. 
(Again one of the only three documents as set out at start of case to use the place for hire so if we got a block booking they would do us under the terms of the lease not to licence hire which may have saved us if we could have got a hiree to long term on the condition that we take their deposit to put in the ventilation.)
I also say that the Judge has tied us up in what will now be a lengthy appeal process something his honour is (‘famously’) well known to have done to claimants before with no regard for their further losses.
I finally say I was someone who was in care, I had a good project going, I did not take any public money unlike the defendant yet this so called social landlord has done everything in its power never to mediate but to go all out to wreck me and that this court has just knowingly assisted them in doing so in this pro-landlord judgment.
They take our fully refurbished (to the tune of ten’s of thousands of pounds) shops at 5.55am the following day, as it was too late that evening to order a bailiff.

Proposal for a Private Members Bill. M.P.s feel free to adopt it and table it in the House of Commons as an urgent matter of public interest.

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The Child in the Public Eye Bill

Fact Sheet: Reform of the Children’s Act

Introduction

1.     The Children’s Act 1989 recognised that the welfare of the child is paramount and set out an overarching system for safeguarding children and the roles different agencies play. It introduces the concept of consulting children and young people based on their age and understanding.
2.     The UN Convention on the Rights of the Child 1989 was ratified by the UK in 1991. It set out the principle for a legal framework to underpin all aspects for the care, development and education of all children. It sets out the first ever right to ‘freedom of expression’ and ‘freedom of association’, for children to meet and form associations.
3.     The Government having considered over 30 public inquiries into child care since the 1970’s should adhere to these recommendations in both the Children Act 1989 and the UN Convention on the Rights of the Child 1989 legislations and these recommendations should now be built upon.
4.     There is no central agency that expresses the child’s view-point on any issue of public importance that concerns children and young people directly. In fact most agencies pay mere lip service to consumer involvement and may just tick boxes to adhere to ‘freedom of expression’ legislation by using token representatives, from think tanks to government working parties. Children and young people do not run most if not all, child consumer organisations. Their governance is made up of senior adults often with establishment links. Many consumer child-care groups are reliant on government or other funding. This cannot allow them any freedom to express themselves.
5.     It is time we act on children’s rights legislation as a matter of urgency. In the face of political resistance to investigating matters of historical abuse we may not ever be able to truly understand the magnitude to which children have suffered in the past. However for us to change the course of history currently, rather than wait on yet another public inquiry, we must be able to see and hear and firmly put the child in the public eye immediately.
6.     Proposal to be voted on in this Bill is that each child has a pound each year, in sterling, to be ring-fenced for the twelve million children and young people in the UK from the Treasury. This will provide financial independence as a statutory right enshrining current law in practical terms, to meet and form associations and to have freedom of expression. It may in turn start to inform us the public of the wishes and feelings of the child in the UK preventing child abuse in the future.

Reference; UN Convention on the Rights of a Child 1989, Children Act 1989, Disability Discrimination Act 1995 and 2005, Protection of Children Act 1999, Special Educational Needs and Disability Act 2001, Adoption and Children Act 2002, Every Child Matters: Change for Children 2003, Children Act 2004, Working Together to Safeguard Children 2006, updated 2010, Safeguarding Vulnerable Groups Act 2006, Childcare Act 2006, Education (Nutritional Standards & Requirements for School Food) Regulations 2007, amendments 2008, The Charter for Children’s Play 2007, updated 2009, The Play Strategy 2008, Early Years Foundation Stage (EYFS) 2008, amended 2012, Equalities Act 2010.


European Court of Human Rights will not even look at my application!

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So, I got the letter back from the European Court of Human Rights, it was the same as before.. clearly they too have been got at since they won't even look at my application. My only relief if there is one, is that after 6 years of having to live on £52 a week, to remain eligible for legal aid, I can now get on with my life, what ever that may be. I can stop being a legal ranter and maybe go into policy or something like that. That is if after all this I am at all employable. I certainly cannot set up my own business, buy any property or even look forward to making money with a half a million pounds costs order against me.

I feel sorry for all the tenants that due to my case will find it difficult to get an implied repairing obligation unlike when they had at least Barrett v Lounova & Cockburn v Smith, where a landlord who retained ownership of a building that leaked into another premise remained liable for any damage when parts outside leaked into another person premises and the landlord remained as in Ryland & Fletcher 'Absolutely liable'. The insurance companies will be please that Ryland and Fletcher is not back on the law books as that will save them a hell of a lot of money.

But what is more worrying is that in all this, I never ever stated I wanted an implied repairing obligation all I ever wanted was, as in Earle v Charalambous and BT v Sun Life that in the construction of my lease that said I was insured by the landlord for the building for which I paid my part of the insurance to my landlord was not broken by them breaking the terms of the insurance by not repairing on time and therefore they, not me, made my insurance void.

It is a sad day when the law ignores what you plead and makes up there own case. Drags you headlong into 6 years of fighting the law as a small business and at all junctures one faces no application in law but lots of corporate interests in not letting this average Jo win her life back.

Still I hang up my legal robes and let you make of it all what you will.

No transcript of Court of Appeal pleadings!

NAYPIC was taken from us 1993 and 2010.. I think we should fight tight to get it back and call it third time lucky!! Thanks MARY MOSS - Details on the new FightTight plan at bottom of this page

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THIS BOOKLET WAS WRITTEN & ILLUSTRATED BY ME IN EARLY 90's AS THE VERY FIRST ELECTED NATIONAL EXECUTIVE COMMITTEE CHAIRPERSON BY 365 YOUNG PEOPLE AT A NAYPIC CONFERENCE





















Remarkably similar to the 1992 model don't you think? NAYPIC... 2000 to 2010 & still in an insurance scandal!





So here is how we do it! I have a social enterprise www.onepercent4art.com and I have been setting my mind into thinking for a while now on how I sell the 100,000 offices I have on the books. Of course knowing me this is just another NAYPIC plot but so what it's professional and respectable as it should be!

I thought I’d need an army to make the social enterprise 1%4ART so well known worldwide.

Also I have been frustrated with the lack of real progress with the furthering of children’s rights by establishing an independent youth parliament with statutory rights cash, so together I came up suddenly, when the penny dropped, with a plan to solve two problems in one!

As you may have gathered representation of youth is very poor and this is especially poor on survivors of abuse currently a major scandal breaking!

I wrote how to set up a local group ages ago and much of it was hi-jacked but is very ineffective and too collaborative with child care Gov and professionals.

What I did in setting up spaceshift.. Etc NAYPIC social enterprise in 2000 as seen on my www.youthparliament.comwebsite was to develop not only the local group as I futuristically predicted in 1993 but I made it self sufficient as that was the lesson learned when the Government closed us down as we knew too much about Government child abuse.

The 2000 version as you see from this blog also got closed down – hardly surprising!

Now this could be the third time lucky as I said;

Most people communicate via the Internet so there is no real reason for spaces anymore to make young peoples voices heard. However it is still important to meet at festivals. Conferences etc and for this cash would still be needed for a youth self-styled voice. Also people like lifestyle so we have to make speaking out attractive and co-ordinated and not just a one off radio show but actually an international fashionable voice – hence lifestyle –

Now I can offer on all the 100,000 serviced offices worldwide that I have (and don’t ask me the in’s and out’s I have been in self sufficient business for years and I have the deal in place) a 1% commission to anyone who managed to get a serviced office rented, which is the easy part.

All you have to do is like the 1993 handbook I wrote be the two reps from each local group and use the social enterprise as your way of making money monthly.

Each serviced office you sell makes your group a 1% per month income for how ever long the office is rented. Typically in the UK that would be roughly £100 per month per office. So a few offices rented are income and means you can work for this and get paid a bit as well as fund the group.

We would need to be part of a co-ordinated blog or twitter and then eventually your own world wide website – Potentially getting statutory children’s rights cash that is the ultimate solution in the war on child abuse.

There is the bones of it and if I can’t get to do this for whatever reason they close me down or ruin me or destroy my reputation or worse then my permission is given for you to do it for yourself using my business as it is all automated, all of it.

Basically as long as you show me you have asked someone in business to SELECT a serviced office through my website and it comes to a booking you get your 1% - for your local NAYPIC / YOUTH PARLIAMENT group. It’s that simple & professional.

Currently to apply to be the representative of your NAYPIC local group world wide contact Mary Moss at naypic@hotmail.comLets Fight Tight as much as we can!

Good Luck!

Brilliant - BBC File on 4 report - Insurers Accused of Hampering Child Abuse Inquiries

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http://www.bbc.co.uk/programmes/b006th08/episodes/player Insurance who do nothing for abused and in fact stand firmly in the way of justice -

My insurers repudiated the claim due to the landlord 'not repairing on time' so they said they broke the terms of the insurance.

Yet the insurer legally defended the landlord 'One Housing Group' at a legal cost of half a million against liability for 12 different legitimate incidences of disrepair at my two premises, for which two structural repairs were never carried out, leaving me illegal to trade & eventually out of business. As well as fighting for my rights acting in person through the British Courts.

Was I a danger to absolute liability? Was I a danger anyway, since I was acting for the victims of child abuse and the insurers were well aware of that. Stopping me must have saved a claim or two!

PS Also Babarah Kahan ( https://bitsofbooksblog.wordpress.com/2014/09/09/barbara-kahan-and-peter-righton/ ) featured in the report was yet another adult adviser to NAYPIC (in fact she interviewed me for London Development Officer in 1987 when Carol Cox NAYPIC London Development Officer suddenly died at 21yrs old- RIP - with Pat and 3 young people from care and another NAYPIC worker) - We had many but none are an endorsement of them as people and none held any power in NAYPIC! I was NAYPIC's development officer from 1987-1992. I resigned to work on National Development & National Structure. I was voted in at Scarborough National Annual General Meeting & National Conference by 365 young people from care as their National Chairperson. I was re-elected in London by 1100 young people the following year, when the organization voted for a youth economy & youth parliament, by statutory demand.

My advice for insurance companies is this - you won't stop abuse claims because they are true and should be compensated. However treat this like austerity. Better to take the medicine now than pay out more and more later. To have children with right's can only mean no more abuse, much like what happened when women got the vote. Get with the agenda, work with people like me, not against us and at the end of the day our members and your shareholders will be better off, with a more healthy future. You can't stop this change - so help it happen!

Poor Law - Kenneth Clarke has he really got away with it? The Magna Carta say's all people are equal in the eyes of the law - The abuse agenda cover up was hard to watch!

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FAO: Mr Jackson of Panorama - My statement on a programme you say you are doing on Chris Fay
On 21 December 2012 I was forced to put a set of documents on www.legalaidcuts.blogspot.com. The documents consisted of court exhibits from a 1982 court case regarding a raid at Elm Guest Hse.
The documents were namely: a signing in book, a receipt book, a book where the names of guests and the rooms they stayed in were clearly marked out and some evidence of VIP business bookings.
Aside from this 1982 court evidence, I obtained while working as development officer of the National Association of Young People in Care, I did not have my own notes on the case apart from what I had already published on www.youthparliament.co.ukon many of the cases, as NAYPIC had been raided in 1993.
During the seizure of the NAYPIC files, and contents of the organisation’s Camden office, most of my casework notes were taken by unidentified men arriving in unmarked vans. I did, however, retain a number of files as I arrived during the raid of the office and seizure of documentation. 
Among these were the notes of a former volunteer, a Labour councillor for Greenwich, Mr Christopher Fay. These were more elaborate than my own in that Fay named abusers and how they were allegedly connected, according to pieces Fay had put together with his journalist contact, John Oakes, and were based on meetings between Carol Cazier, owner of the Elm House Guest House, held at NAYPIC where she spoke to me in my office, and where Mr Fay had access to her.
I believe the information I was told by Carol Cazier is responsible for the demise of the organisation. It led also to the drugging and rape of one of its workers and perhaps the killing of two others.
By 2012 it had been some time since these events and I had meanwhile established two successful art galleries. I could not understand why so many years later the issue had raised its ugly head again.
In 1990 I had asked Christopher Fay to leave NAYPIC following a conversation with a senior colleague official, about his untrustworthiness. During this exchange I was advised in the strongest terms to disassociate NAYPIC from Mr Fay.
Christopher, an adult advisor, Sarah a NAYPIC management committee member and I had co-written a NAYPIC publication called, Abuse in the Care System, and another document called, The Therapy of Fear, the compilation of which had offered him unlimited access to the organisation’s case files.
Mr Fay was bitter when I sacked him and I believe remains so, due to events that have later transpired. He has appeared hostile towards me. I do not know Fay, Tom Watson, Exaro or those sensationalising these events without due process or presenting of evidence in a court of law. 
I did not have the permission of my clients and service users, to whom I have a duty of confidentiality under the Police and Criminal Evidence Act 1984, to give the NAYPIC files to the police.  I believed that the files were of public interest and that the files contained some evidence that may be helpful to substantiating allegations of abuse. Due to my duty to protect the confidentiality of victims named in the files I objected to the files being taken from me.
I am saddened that Elm Guest House victims have not had justice.  The raid by police on my house, during which my files were removed, has so far not proved helpful in achieving justice for victims.  I have worked tirelessly to give these people justice as you can read on Youth Parliament website. I feel that I have been hijacked at a point when there was an opportunity to establish a class action.
Further information:  ITV News UK Editor, Lucy Manning, interviews Mary Moss about child abuse that took place at Elm House Guest House, which is currently the subject of a police investigation. http://www.itv.com/news/story/2013-02-06/elm-guest-house-child-abuse-ring-investigation-arrests/

The Hampstead Case verdict "That'll be the Russian mother and the Irish boyfriend"

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http://www.bailii.org/cgi-bin/markup.cgi?doc=%2Few%2Fcases%2FEWFC%2FHCJ%2F2015%2F26.html&query=ZC14C00315&method=boolean


B e f o r e :
MRS JUSTICE PAUFFLEY
____________________
Re P and Q (Children: Care Proceedings: Fact Finding)
____________________
Hannah Markham for the London Borough of Barnet
Ella Draper, the mother, did not appear and was not represented
June Venters QC for the father, Ricky Dearman
Justin Ageros for the children by their guardian
Hearing dates: 17 – 20 February, 3 – 6 and 10 – 12 March 2015

____________________
HTML VERSION OF JUDGMENT ____________________
Crown Copyright ©




 Summary of the significant points made;

 



66. As the then President, Dame Elizabeth Butler-Sloss, said in Re T [2004] 2FLR 838,"Evidence cannot be evaluated and assessed in separate compartments. A judge in these difficult cases must have regard to the relevance of each piece of evidence to other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion whether the case put forward by the local authority has been made out to the required standard of proof."


105. Even in the presence of Jean Clement Yaohirou, Mr Christie's relationship with the children, at times, was harsh and coercive. He had known their mother by then for about four months, had assumed a quasi parent role and taken it upon himself to enforce discipline.

117. There did not appear to be any emotional connection with what they were saying except that they seemed energised.

















•    The children's false stories came about as the result of relentless emotional and psychological pressure as well as significant physical abuse. Torture is the most accurate way to describe what was done by Mr Christie in collaboration with Ms Draper. 

(That is the children’s Russian mother & her Irish boyfriend!)




YE-HA Bill - Proposal to be voted on in this UK Bill is that each child & young person under 25 has a pound each year, in sterling, to be ring-fenced for the twelve million children and young people in the UK from the Treasury as a statutory RIGHT - FOR THE FIRST TIME IN HISTORY - CHILDREN'S RIGHT'S!!!! REVOLUTION!!!!!. Don't forget this can be done in all countries globally... as child abuse is universal, we in the UK have just exposed it first on a massive scale but it is world wide!!!!!!

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The YE-HA (Youth Economy) Bill

Fact Sheet: Reform of the Children’s Act

Introduction

1.     The Children’s Act 1989 recognised that the welfare of the child is paramount and set out an overarching system for safeguarding children and the roles different agencies play. It introduces the concept of consulting children and young people based on their age and understanding.
2.     The UN Convention on the Rights of the Child 1989 was ratified by the UK in 1991. It set out the principle for a legal framework to underpin all aspects for the care, development and education of all children. It sets out the first ever right to ‘freedom of expression’ and ‘freedom of association’, for children to meet and form associations.
3.     The Government having considered over 30 public inquiries into child care since the 1970’s should adhere to these recommendations in both the Children Act 1989 and the UN Convention on the Rights of the Child 1989 legislations and these recommendations should now be built upon.
4.     There is no central agency that expresses the child’s view-point on any issue of public importance that concerns children and young people directly. In fact most agencies pay mere lip service to consumer involvement and may just tick boxes to adhere to ‘freedom of expression’ legislation by using token representatives, from think tanks to government working parties. Children and young people do not run most if not all, child consumer organisations. Their governance is made up of senior adults often with establishment links. Many consumer child-care groups are reliant on government or other funding. This cannot allow them any freedom to express themselves.
5.     It is time we act on children’s rights legislation as a matter of urgency. In the face of political resistance to investigating matters of historical abuse we may not ever be able to truly understand the magnitude to which children have suffered in the past. However for us to change the course of history currently, rather than wait on yet another public inquiry, we must be able to see and hear and firmly put the child in the public eye immediately.
6.     Proposal to be voted on in this Bill is that each child & young person under 25 has a pound each year, in sterling, to be ring-fenced for the twelve million children and young people in the UK from the Treasury. This will provide financial independence as a statutory right enshrining current law in practical terms, to meet and form associations and to have freedom of expression. It may in turn start to inform us the public of the wishes and feelings of the child in the UK preventing child abuse in the future.

Reference; UN Convention on the Rights of a Child 1989, Children Act 1989, Disability Discrimination Act 1995 and 2005, Protection of Children Act 1999, Special Educational Needs and Disability Act 2001, Adoption and Children Act 2002, Every Child Matters: Change for Children 2003, Children Act 2004, Working Together to Safeguard Children 2006, updated 2010, Safeguarding Vulnerable Groups Act 2006, Childcare Act 2006, Education (Nutritional Standards & Requirements for School Food) Regulations 2007, amendments 2008, The Charter for Children’s Play 2007, updated 2009, The Play Strategy 2008, Early Years Foundation Stage (EYFS) 2008, amended 2012, Equalities Act 2010.

I get the feeling some of us are being sidelined - I wish people would listen to the YE-HA proposal we have been on about it for decades

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Extract from my website - www.youthparliament.co.uk

The need for a project like ours and how we have identified this.
We know there is already a need for this, even within the social work courses at universities and colleges. Often social workers do not get the chance to really meet the young people they will work with, to get to know their real feelings, until they are trained and often by then it is too late to change their minds about the profession they have embarked on.
The youth parliament is about creating a public mind-shift about the way we view children and their experiences. Public debate and publicity can help this project. There is a growing amount of real evidence as to the abuse of children.
Below is a list of the cases we were investigating just before our closure under John Major's administration:
 
• Lisa G 1989 – Split from siblings against her wishes- violent and humiliating assault by staff in secure unit MKH Greenwich . Ward of Court place in care by the London Borough of, Kingston upon Thames .
 
• Peter B, sexually abused/child porn, in Grafton Close, in Care to Richmond.(898 0880)
 
• Steve E, also known as ‘R' sexually abused/child porn, in Grafton Close, in Care to Richmond .
 
• Peter B, sexually abused/child porn, in Rodney Road , in Care to Surrey .
 
• John B, sexually abused/child porn, in Rodney Road , in Care to Surrey .
 
• Adam, ward of court, sexually abused/child porn, Grafton Close.
 
• ‘R' Bruce , Care Richmond, sexually abused/child porn, Grafton Close.
 
• Kevin B, sexually abused/child porn, Teddington Park .
 
• Chris , care of East Sussex sexually abused/child porn
 
• Paul R, Care of Surrey, sexually abused/child porn, Duncan ch, Tidworth Hampts
 
• ‘P',sexually abused/child Porn
 
• Allan B, Care of Richmond , Grafton Close, sexually abused/child Porn
 
• Lance C, Care of Richmond , Grafton Close, sexually abused/child Porn
 
• Mark S, Care of Richmond , Grafton Close, sexually abused/child Porn
 
• Tony, Care of Richmond , Grafton Close, sexually abused/child Porn
 
• Lee, Care of Richmond , Grafton Close, sexually abused/child Porn
 
• Paul S, care of Richmond ,(12 years old) Foster Home, sexually abused/child Porn
 
• Andrew, Bradford , sexually abused/child porn/snuff movies. We have all the evidence of flights, hotels etc. Andrew subsequently kidnapped from one of our development workers house when he stepped out her flat door. He had a blanket thrown over his head and was taken away in a vehicle. Seen next day in a Rolls Royce by a member. A few days later showed up at our offices demanding we give him back all evidence as he had the Walthamstow brothers outside waiting for him and the evidence. He was told he would be set up in a nice cushy job as a photographer back in Bradford if he behaved.
 
• Julie R, aged 15, July 1985, Greenwich , tortured with an electrical carving knife and involved in a porn ring. Now in long term psychiatric.
 
• Sharon B, Greenwich , raped, tortured, beaten with hammer, dec 1986.
 
• Pauline P. Beechfield, west Sussex, suspected child abuse there, became abuser later to another girl Michelle A, who she abused and tortured.
 
• Tania W, Beechfield, suspected abuse there too. Black magic rites, torture & sex.
 
• Kay R, Beechfield, suspected abuse there too, later believed to be part of the Tottenham ring. Kay became an abuser.
 
• Margaret F also became abusers & tortured a girl in Tower Hamlets, Joanne Wood.
 
• Melanie M, girl in MKH at the time, witness.( Coppetts Rd CH many of the girls had been there too)
 
• Maria S, Newham care, affair with staff at MKH and part of Tottenham ring.
 
• Dawn C, MKH, took part in sex video's
 
• Maria M-restrained lost count how many times, stripped searched (photos?).
 
• Tasma F- MKH
 
• Juliette S- MKH
 
• Kay R-MKH
 
• Sonia H, Melanie Klien House took part in sex video's
 
• Nicola F-Paul became an abuser was also in MKH, previously raped & tortured girls in Tower Hamlets. Possibly a victim of the Tottenham ring too.
 
• Nicola P (known as C) again developing torched tendencies whilst at MKH.
 
• Mark A sexually abused in Forbes Hse officer in charge.
 
• Michelle A, Haringey SSD, was at Coppetts road.
 
• Hazel D, Haringey, also in Coppetts road.
 
•  Lorraine , Haringey, Coppetts road.
 
• Jane R, Tower Hamlets, known to be a high class prostitute, MKH.
 
• Katie C, Bromley, known to be prostitute. MKH.
 
• Sharon H, MKH, subjected to being inappropriately photographed by a male staff.
 
• Beechfield-mixed-Has secure unit-badly run down-still checking complaints.
 
• Coppetts road-mixed-Rumours of sexual abuse.
 
• Grove Lodge- mixed- Sexual abuse allegations.
 
• Castle Hill-Grafton Lodge-boys-main user Harrow SSD-sexual abuse and violence. Rent boy sex and porno ring, distributed to Amsterdam and paedophile group in the UK . Suspected murder of a boy after disclosure to us.
 
• Grafton Lodge-boys- administered by Hounslow & Richmond. Violence & Sexual abuse.
 
•  Richmond social services-boys-Two senior members of staff running a west end rent boy network.
 
• South Wales-boys-boy thrown out window in private boys home, appalling conditions and allegations of physical abuse.
 
•  369 Romford Rd -mixed-Newham- rape allegation of girl by a member of staff.
 
• Frant Court-girls-rape and violence allegations for years.
 
•  Jordans Brooke Hse-mixed-Run by Gloustershire. Male member of staff sexually abusing girls.
 
•  Stamford Hse-boys-Secure unit extremely violent, sexual abuse allegations.
 
• New Hays-mixed- Liverpool- physical & sexual abuse.
 
•  Dorset Wharf -mixed- Children's home run by Hammersmith & Fulham. Allegations of sex & violence.
 
• Birmingham-mixed-Scandals in four homes being investigated by us.
 
• Haringey-Kitchener House. Allegations of physical and sexual abuse. Current casework.
 
• Loxley Hall-Boys-Sexual and physical abuse still going on despite one prosecution.
 
• Mount Road-mixed- Taking children to Soho on vice trips.
 
• Angel Road -mixed-Lambeth home-Sexual abuse of children with widespread cover up.
 
• Adele Road -mixed-Home run by Lambeth-Allegations of sexual & physical abuse and a cover up.
 
• Green Lanes – Greenwich-Sexual abuse and violence- we exposed
 
• Parkview – Sexual abuse and violence we exposed.
 
•  Newton Abbott-mixed-Allegations of 10 young people being sexually abused at this home.
 
• Spurgeons child care-boys-private home in Bedfordshire, photos and sexual abuse of boys.
 
• Netherton-mixed-local authority home in East Kilbride . Appalling state of the home. Allegations of sexual & physical abuse.
 
• Downcell Road -mixed- Hereford & Worcester home. Allegations of sexual abuse & violence. Current casework.
 
• Arrow Project Cumbria our Manchester office received reports of abuse. The whereabouts of the Manchester files are still unknown but an ex member says she knows where they are. We have all the work reports Nationally However.
 
• Kingswood School-Residential home in Surrey, we have been told that there is a lot of sexual abuse going on in there have not yet got hold of a young person to check this out with.
 
• Tyrffell-boys-Bangor-Reports of physical and sexual abuse there, not yet checked out.
 
• Sarah C-in foster care can't talk to anyone re her past, the fact that if she hadn't been taken into care she would not have made her fifth birthday, feels alone and isolated.
 
• Langton House-Mixed-It closed itself down after us working over a year with the young people to expose it. No independent inquiry that we called for. Unfortunately we never hear from any of the victims after and have no clue where they all went to. We still believe the flower beds in the garden should be dug up as some may have been killed off. Young People being given Brain Scans, medication, violently restrained, heads banged off walls, kicked in stomach, dragged down corridors, no formal training for staff. Allegations of sexual abuse. No formal investigation. Humiliation, verbal abuse and racism as means to control. Male staff taking part in strip-searching. Forcible sedation as punishment. Calming down room used which is unlawful imprisonment. Tampax given out by male staff with verbal humiliation to the young girls. No formal way to complain. Names of our cases were;
 
• Haley S– 40 pages interview with Haley-It was her 1 st letter that blew the whistle.
 
• Tracey H
 
• Ziggy W
 
• Sharon F
 
• Carloine S
 
• Scott R
 
• Steven B
 
•  Del M
 
• Luke C
 
• Claire
 
• Bridget tried to hang herself in the toilet
 
• Noel-88'-89'Unnessary regular Brain Scans, didn't know what it was and wasn't told-Abuse of Medication-sedated-Failed to taunt him-Restrained with force-Locked up-violence. Noel says that all members of staff used to regularly strip search residents regardless of gender.
 
• Kevin B
 
• Nicolas R
 
• Christina B
 
• Paula-Blind Girl-failed regularly for getting upset and speaking loudly. People used to hit her behind her back so she bit them and they'd fail her.
 
• Joan G- Kept in most of the time, not the full shilling so staff used to wind her up and then restrain her. She wasn't allowed anywhere without a member of staff, they treated her very badly.
 
• A blind boy- staff used to hit him a lot and one day he wet himself so they rubbed his face in it. One member of staff regularly threw water at him.
 
• Claude R- Behaved well, failed regulary, staff think you are talking about them that's why they fail you.
 
• Michael
 
• Kaz
 
• Barry B
 
• Green Lanes- Greenwich top Tory MP supported a care staff- unsure why?
 
• Yvette F – Severely abused throughout her care under Southwark SSD. One of the worst ever heard of and still in the system-should write a book but fear they have cabbaged her.
 
•  Cleveland enquiry-
 
• Martin H- Abuser convicted.
 
• Ugine L- Young person in Care- Lancashire run away from children's home as he does not like the way the place is run.
 
• Ombudsman report gives compensation to 3 of our clients from New Eltham
 
• Hill End adolescent unit 1990- We made the report, ‘Therapy of Fear'.
 
• Bromley Children's Homes Privatised with the children in them. We took the case to stop it to the high court but lost. Alex H& Laura S lead the young people.
 
• Epsom SSD make 16 year old boy John F homeless.
 
• Catherine A- abused by the care system in & out of secure since 13yrs old.
 
• Andrea R- Runnaway 16 yrs old- Liverpool .
 
• Chaz M, 16 yrs old, Hackney, Been in mental home, not mental.
 
• Patrica G. Discharged from care at 12 yrs old now 20.
 
• Fiona F-Southwark-16 yrs old in a Putney hostel.
 
• Erica offered high rise bed-sit with damp and no heating.
 
• Mathew S-16yrs old-sent to boarding school in Wales from Essex .
 
• Fay B, put in secure.
 
• Richard R-Corringhan SSD. Has a real mum wants not to be in care 12 yrs old currently in foster care.
 
• Jenny C-40 placements whilst in care. SSD East Park , Hull .
 
• Ms D M, 8 months pregnant, been in MKH very violent placement and fears her area so wants re-housing elsewhere.
 
• Eugene T -17 yrs old suffered abuse for three years every day, in Fairhaven , now skipped the country to New Zealand .
 
• Andrew K neighbourhood office. In care at 14 yrs offered no housing after a short term in prison.
 
• Edward M- Nottingham SSD-Full care order since 18 months problems getting a flat from SSD since leaving care.
 
• Lorna N-17 yrs old-Avon SSD- Lorna at the age of 4yrs and siblings were beaten by staff at Florbrow Children's home Bristol . She complained years later and this was never taken seriously even though the SSD she believes knew at the time.
 
• Tanya M-moved away from home area so has runaway
 
• Michelle K- all residents given one week to vacate Derwent house after sudden closure.
 
• Wilbert C- Put into a hostel by social worker, he was sexually assaulted by his room mate, nothing done, stabbed by his room mate, room mate moved to another room, all his electrical goods stolen, nothing done, bank book stolen, nothing done, complained to SSD and hostel treasurer, kicked out of hostel and told he needs to see a shrink, then put into Wembley hostel, still went back to complain, when one day they took him to the hospital and sedated him for a month. Came out of hospital looked for legal help, no one would help, got in trouble with police put on remand for 2 months, taken back to mental hospital for 6 months and sedated regularly we have the evidence notes. Now out and still seeking to address these matters. He seem's very angry and talks a lot, bit mad, hardly surprising.
 
• The Old Mill Hse-Serious allegations received as to the treatment of residents. Massive file on this. Imposition of a points or marks system. Continued use of expletives by staff. Violent restraint. The use by staff of young people to perform menial tasks for them such as; washing their cars, brass cleaning, ironing of personal laundry. They were told they could earn extra money of 52 pence which was then eroded to nothing by staff. They found this routine to earn extra income exploitative and intimidating. The banishment of one young person to eat meals in the animal shed, to sleep in a caravan, to sleep on a mattress on the landing. The irregular supply of clean and inadequate-sized towels for washing and bathing. Insufficient heating during the winter months. Limiting drinks of water, tea, coffee to 5 a day. Second hand clothing including underwear given to residents, no new clothes whatsoever. Used underwear having to be left in a bucket of disinfectant each night, found to humiliate residents especially at weekends when it wouldn't get washed. Showers not working one week and staff catered for but residents humiliated by having to do a stand up wash. Enforced viewing of early TV news as homework found to be unsatisfying and unhelpful. Staff opened personal mail and monitored personal phone calls. Occasionally personal calls were allowed but only by a phone box in the village. Forced to take part in games or marked down as unsocialable. Young people allowed 5 mins privacy in their rooms after which they are brought back down by a member of staff. Young people say they are allowed outside for ten minutes a day. No laughing permitted as this leads to marking down. Young people are only allowed a bedside lamp once they reach the age of 15 yrs. One resident given no support whilst pregnant and following a subsequent abortion. One resident had her hamster confiscated and never given back. One resident told she was selfish for wanting to find her father and that her mother didn't want her anyway. During a visit by the fire Inspector the residents were told to run upstairs and close all the fire doors which were usually left open. All young people complained they were not given sufficient food. Some of the Young People; Vicky B, Sarah Mc K, Lisa C, John B and more no names yet.
 
• Michael D-Dison Hall-14 yrs old-Violently restrained.
 
• Tony Mc G-11yrs old-Secure-Dison Hall
 
• Gary D-Dison Hall-15 yrs old-member of staff head butted him in the secure unit.
 
• Foad - 15 yrs old- violently restrained told ghost stories.
 
• Derwent-11 yrs old girl.
 
• Julie B-Abused by Mr B 3 times a week till she stopped screaming-Oxford professional telling us Feb-June 1992-Rope burns + bruises + anal agony due to massive penetration over a long period. Child porn video's of ‘Mr Men', costumes. Dinosaurs, scenes of fairy stories with monsters enacted at great expense for sophisticated child porn films. The plan is to give the child back to the father.
 
• Ricki F-Orchard Lodge-Grove Lodge-Redhill assessment centre-sexual abuse by older boys and them wanking in front of staff and months in secure, saw x rated Omen and other films.
 
• Sara P- Allegations of abuse at The Grange. Complicated abuse background. A bit crazy now in a strange way.
 
• Darren B-Cleobury Mortimer School- Abused by two male staff for years. 6 other boys have reported abuse.
 
• Vincent S. 10 yrs old at the time. Grafton Children's Home-Child porn Videos. Many other children involved. They would sit in the children's home in their dressing gowns when one by one they would be called to the top floor, first floor, emergency room, to have medicals. In there was a cot, weighing scales, seleotape, masking tape, cameras', Polaroid's. This went on every night for about 2 months. There were six boys but he would never touch the girls. Then we would go to a house in Sea Road , Bexhill. There was a sea Road and he used to drive up the hill. He had an Alsatian dog that sat in the back of his car. 1979-1981. Another House was next to the church in Bexhill. Another place they took Vincent was Elm guest House, Barnes. Two guys took him into a room and there were video machines and everything in there. He said Vincent was going to have a medical. He masturbated him and made him have oral sex with him, whilst he wiped baby oil all over him, tied him with the seleotape around his legs and arms and around his neck. Arms were behind his back and nice twice. This lasted about an hour. The man then exchanged money with Vincent's carer and the carer then took Vincent back to the home. If the carer made a command Vincent would jump to it as he was very scared. The medicals started again for another couple of months but got worse and worse as they seemed to get excited when they ripped the seleotape off. The home had frequent guests. One Christmas some Chinese people arrived so no abuse took place. The girls got perfumes the boys got tonnes of underwear, the reason being that they were always ruined as they were ripped off all the time. About 3-4 months later Vincent was taken to the guest house again. This time two men had sex with each other and then tied Vincent to the bed and filmed. They were also watching a video of scouts. When he left the guest hse he saw them remove big boxes & cases, one silver case. Vincent was nearly 12 yrs old by then. Vincent and Peter broke into the staff's bedroom one day and a silent alarm went to the police station so the police turned up. They had turned the place upside down but found nothing. The police told them to get out, saying they could be prosecuted. The cleaner came in to tidy and found photos and videos of young people behind the cushions. The police were called back but the staff disappeared. Vincent never saw that staff again but was told he got six years. Then he found in 1990 that he pleaded guilty and got 3 months probation and then went back to working with children. In 1990 we were helping the owner of Elm Guest House to put a case together of possible abuse going on in her guest hse without her knowledge. 3 months before the trial at court, she being the chief witness with all the evidence of who was in and out of her establishment including prominent people, with photographs of them, was found dead in suspicious circumstances. I met Vincent co-incidentally, at Madame Jo-Jo's; we both said at the same time, they murdered her.
 
• Terry C, sexually abused by officer in charge of Yarwood Road .
 
• John T-adopted against his will-access to natural family messed about with lies told to stop access-natural mother died-John 12-13 yrs old wants something done about the whole case.
 
• Sharlene E-Lancashire-Abused in the care system-we investigated- Sharlene now dead, went to funeral.
 
• Robert C –Barnet SSD- Abused in psychiatric units- Suicide-went to funeral.
 
• D M- believed to have been infiltrated by Nottingham child abuse gang after we exposed them on Channel 4, when she was 16 yrs old, now has two children by this older man, who has full custody of the children, we cannot prove he is abusing them but hold suspicion. Need to pay a top surveillance team or set up a specialist private detective agency. Police are not careful or useful in these matters nor the social services and big charities even though we've told them our suspicions, the older man looks cleaner than clean and DM looks like she abandoned them when she walked out once she had saved £20,000 & bought herself a house and took him to court to gain full custody, he had a female top legal team from London and won on grounds of stability for the children staying at there home. The mother has access twice a week. She is more aware now of what possibly happened as she was very young then. The older man controls the children and gives DM a lot of unrelenting hassle. He took her to court for half her house but she won and he now wants to get passports for the children but luckily needs her permission to do so, she is refusing. Now he is scaring the children and alienating them from seeing there mother, who knows with what threats, they now say they don't want to see her, its a nightmare. The system has shit in its eyes. This is not uncommon. We have told all the relevant authorities and they can do nothing! It would sound mad to suggest infiltration or would it? But those kids are scared of him.
 
• We have the names of the abusers and the abused but it is folly to hand them over to the police potentially putting our ex-clients in danger as well as not having permission to do so. We have our new way of dealing with this and when we are successfully back in business with all our workers ( we won't come back by half's as we could be ripped apart) then we can deal with these cases historically and the abuses that are going on now. WE WILL have systems to bust up abuse and they will not be hi-lighted on this website. We need our own security as these abusers are dangerous as we have experienced first hand. These cases were given to us in strict confidence and are protected by the data protection act which is why the names are obsurced. If young people have chosen to contact the police on these matters then that was their choice, we know most of them did and yet were not listened to. They did choose to contact us because we were young people running our own organisation who had been through the care system.
Our experience in the field of children's issues
History
  • N.A.Y.P.I.C. is the consumer-led organization first set up in 1979 until 1993 when funding came to a halt. This being at a time when we were exposing atrocities such as:
    • Langton house (American Medical International private care hospital for children) psychiatric hospital, which we had closed down making News at 10 and costing AMI 8 Million Pounds.
    • 'Pin Down' which prompted a public enquiry
    • The Nottingham ritual abuse case that we helped work on with, Channel 4 Dispatches.
    • Melanie Klein House secure unit Greenwich which we had closed down
    • The Carol Cazier (who died mysteriously during our investigation and shortly before the court case, which was about to reveal influential people's involvement) case dating back to 1973, which made front page news in the Daily Express back then.
    • Our child pornography and snuff movies exposure, which made front page in the Times newspaper.
    • The Bromley privatization of children's homes (selling children with the homes), which we took to the hight court , the council narrowly escaping paying £600,000 if we won, however the director of social services and the chair of SSD both being arrested and put in the cells for taking bribes and countless more exposures which we are well documented on exposing
  • We created a tide of justice for children with abusers certainly knowing where it was being exposed from and had as a result many enemies in the midst.
  • We will no longer put our workers in danger our our organization in jeopardy by doing casework.
  • There is evidence to suggest that workers felt they were being observed and threatened. The subject of child porn rings attracted a lot of attention before NAYPIC's closure (two other well known for exposing abuse organizations also had their government funding withdrawn) and some evidence suggests that well known personalities were involved.
  • Children and young people need better protection than merely exposure, they need a really powerful voice that will be listened to in order to attempt to actually stop the abuse.
  • We are now back. We would like to extend our agenda further now by advocatong a youth parliament for all young people as a voice, regardless of having been abused, to have broader representation.
  • Our organization is exclusively consumer-led and as such, we have already for many years identified the need for representation.
  • Our last conference in 1993 which had 1100 members attend, as well as our 9 full-time workers stated that a full membership and the advocating of a youth parliament was the future. Was this too powerful considering the old style way we used to work as within a few months we were gone!
Each year we hold a national conference to get our opinions. We were the first organization to advocate a Youth Parliament, as we knew the need for it.
We would like to make it clear, we are not housed by another organization, nor are we adult-led like all the organizations that do in some way empower young people.
QUOTE
Empowerment is identified in the dictionary as a gift and although good it is not a right
We are and always have been through many of our strife's, a truly youth-led organization, blatantly the original and only, National Association of Young People In Care.
As such we already have a wealth of knowledge, publications, videos, a twenty seven year-old filing system with computers included, information and experience and when funded a very powerful nationally implemented Structure and National Executive Committee.
Research
There are countless reasons we, as NN/YP are needed. The original N.A.Y.P.I.C. over the years has campaigned relentlessly for young people to be consulted by the policy makers. They are after all the consumers of the service and decisions made about their care, have far reaching effects on young peoples lives.
QUOTE
We maintain that no person should be expected to live their lives within a system that they have not participated in building. Adults at least have the right to vote.
NN/YP is a unique organization in this country, it is not a professionally-led organization, it has not developed theoretical practice to identify the psychological and sociological influences which may determine the way in which young people should be cared for. It is simply an organization, which has developed its constitution and policies by listening to its members.
The original N.A.Y.P.I.C. has successfully campaigned and made significant impact on the way young people are now heard.
Our successful campaigns include:
  • Participation in reviews
  • The abolition of the clothing order book
  • Access to files
  • In 1983, the original N.A.Y.P.I.C. submitted evidence to the House of Commons, social services select committee. The committee later said to a community care journalist, "we've been amazed at the resiliences, in the face of the experiences that have had to go through. Their maturity has surprised many members". The original N.A.Y.P.I.C.'s 40-page report, with its concluding children's charter was:
    • methodical
    • comprehensive
    • representative of an increasing number of children in care who are becoming vocal in expressing their views
NN/YP also sets out to help social workers and other adults to gain a better understanding of young people's experiences in care and we aim to give young people an opportunity to meet and make new friends.
  • The organizations' first campaign, to ban the clothing order book received backing from the Association of Directors of Social Services, the Residential Care Association and the British Association of Social Workers.
  • Our second campaign, the rights of young people to attend reviews and case conferences, was launched with some 3,000 questionnaires to young people in different situations and was supported by a parallel survey by the N.F.C.A.
  • The original N.A.Y.P.I.C. has achieved recognition in the field of child care policy has been supported by the A.D.S.S., the S.C.A, the National Children's Bureau, the National Council of Voluntary Organizations, the National Foster Care Association, Community Service Volunteers and many others.
  • The original N.A.Y.P.I.C. was also endorsed in the 1984 Select Committee enquiry into Childcare and gave evidence to the Barclay Committee.
  • The original N.A.Y.P.I.C. gave evidence to the Stafforshire 'pin down' inquiry and also the government review into residential childcare, headed by Sir William Utting.
'ABUSE IN THE CARE SYSTEM AND DENIAL OF THE RIGHTS OF THE CHILD', quotes from teh publication.
In 1990 we conducted a survey of abuse in the care system, which was adopted by the N.S.P.C.C. who promoted our findings. The research was based on interviews with fifty young people who came to our offices within a space of 3 months. The findings in our research were staggering, with 65% of all young people interviewed having been sexually abused whilst in care and 75% of young people interviewed having been physically abused during their time in care. Very few of the young people interviewed were believed when they had complained. Most had not complained because they either did not think they would be believed or were too frightened to complain. Even when young people were believed, the police were seldom involved, prosecutions were rare and even disciplinary action was rarely taken. The person involved often resigned or took early retirement or either party was moved to another home. The report covered 30 different forms of abuse, sexual abuse, sexual assault, physical abuse, over-use or wrongful use of restraint, use of sedation as a punishment, use of sedation as an alternative to treatment, imprisonment as a result of secure order, no consultation, imprisonment-over the limits allowable. Imprisonment abuse of wardship orders, locked up in psychiatric units. Racial abuse and racism. Sexist abuse. Verbal abuse. Frequent moves, being placed away from the home area. Failure to hold reviews, failure to consult re: Section 18 of the 1980 childcare act and section 22 of the 1989 child care act. Abuse of wardship orders. Denial of the right of access to siblings. Denial of right to family life, Denial of access to independent representation and legal advice Neglect emotional abuse. Frequent carer changes. Lack of educational opportunities. Getting a criminal record. Failure to recognize or treat abuses that led to care. Lack of permanency or planning for the future. Loss of innocence, failure to care, provide a warm and caring environment.
QUOTE
There is a need for NN / YP, social services department and central government ministries are organizations that are there to look after, devise and propose policies that care for children. It is of great concern to us that within this Billions of pounds industry there is still no place for the child's voice. There have been over the last 30 yrs, more than 60 different official inquiries into bad child care practice, the collective conclusions have not yet been put into practice.
  • It has been established that 48% of young people living on the streets have at some time in their lives been through the care process. These statistics are very worrying especially when looking at the growth of child prostitution and of child pornography.
  • Children in care are running away from situations they cannot face or have not the power to do anything about. Many young people in care have pointed out to the original N.A.Y.P.I.C. that "at least on the streets we have our freedom" even though they then speak of the appalling lengths they have had to go to, to survive.
The majority of young people that go into care are victims of abuse, either by parents or by society at large.
The care system does not offer choices to these young people as to how they would like to be cared for nor does it adequately assess a young persons needs.
Instead children and young people are fitting into whatever part of the system has a vacancy available; This type of care can feel like a lottery to children and young people.
Many problems of the care system are linked to resources, however there is little point in having a Children Act when often there is not the money to implement most parts of it properly.
There are many other factors that are inadequate presently, that would take little if any money at all to change, just some enlightened imaginations.
For example, setting up proper channels of communication between professionals in childcare, decison-makers and the consumers themselves. This would be part of an essential ingredient towards change for the better.
NN / YP believes this could easily be achieved by the setting up of local groups in every local authority and smaller NN / YP consumer groups in each care establishment.
Whether it is a foster home, children's home, community home of education, secure unit or psychiatric hospital, it is not an unattainable goal.
When you think that there are only an average of 150,000 in care, and 4,000 care leavers a year. Enough to just fill Trafalgar Square.
We need this change and this representation, to be looked after properly, is not impossible. It is just a natural progression in a developing and more aware society.
A local authority pays anything up to £4,000 per week for a child or young person's accommodation in care. Surely a minute percentage of this money can be put aside once a week to provide a private place for children and young people to meet. Either. this can be at their home or at their local group. They can meet and discuss any problems they have or any changes they wish to make regarding their care.
If this was developed in every local authority children and young people would at least have a place they could speak out and save themselves and others in the future from potential abuses.
If local authorities agreed to pay a membership fee for their young people to join the NN / YP local group, then the local group could also run independently of social services.
When one considers the amount spent on childcare, a small membership fee that ensures young people receive information on their rights and a group that belongs to them is nothing in comparison.
The local groups could also participate in the training of social workers enabling them to understand the care system from the consumers' perspective.
The groups could have a commercial side which could also help young people do training for work even if it is simply helping out in the local groups café as a volunteer.
The local group could actively take part in consultations with their local authorities when the authority wishes to make changes in the ways they run their services for children.
NN / YP groups can help a very vulnerable section of society too, care leavers.
Through NN / YP local groups we would allow young people to express themselves in a safe group that belonged to them.
Powerlessness is about lack of information, lack of knowledge but most importantly lack of rights.
We must identify the fact that there has always been a crisis within Britain's childcare system.
How the Youth Parliament would work
The youth parliament will liaise with government by using voting methods, similar to that of the houses of parliament. It will also have select committees to write reports and research on important matters identified by young people. This will in turn go through the current parliamentary process. Perhaps if successful and like most bills if it doesn't cost too much money, we can create changes in law. NN / YP will always hold National Annual General Meetings to be informed by their members, regarding any changes to our plans to date of membership etc and to address the needs we have already identified.
The key steps and dates leading to the outcome and long term changes
The start date will be dependent on how soon we are invested in. However advertising and appointment of our workers will take on average two to three months. The CCTV (care Consumer Training Volunteers) training, will start when the workers are appointed and should be up and running within two to three months from then. The membership to NN / YP project and the advocating of the youth parliament will start immediately when the workers are appointed as with the creative activities, including monthly private views of youth exhibitions at the gallery. When we are funded we will be up and running within three months. The implementation of the project will take thereafter-another 3 months, so therefore we will be fully operational in six months from the date investment commences.
Some of the outputs resulting from three years of our project being funded
Year one:
  1. Revenue from the sales of new publications, dvd's, artwork, music and training which will educate the public, professional and government and help young people work as trainers, artists and musicians, including care leavers. Also young people gaining access to education such as learn direct.
  2. Promotion of the web site youth parliament.co.uk to create debate on the important and real issues young people face, helping young people becomes more vocal on their opinions.
  3. Start to build a membership scheme. Hold a national conference for young people in care. Ensuring young people in and ex-care are aware of their legal rights. Avenues to help them get housing quickly for example, or helping them see their brothers and sisters quickly if the social services are taking a long time as another example. Young people represented legally where necessary.
Year two:
  1. Use the revenue from sales and membership to create more offices, workers and galleries/cafes/factories/shops throughout the country, to carry out more of our work, to benefit more young people
  2. Buy a building to host a youth parliament, finally giving young people some power and responsibility of their own.
  3. Develop our membership identifying the growing needs and changes, young people in care are identifying, providing certain legislation tips or access to good child care related lawyers etc.
Year three:
  1. Set up a Care Consumer Training Volunteers (CCTV) Magazine, keeping people informed of the outcome of C.C.T.V. and how the profession sees ways of changing care to suit young people and themselves too also identifying obstacles to a better practical working system also identifying bad practice and good.
  2. Create parliamentary changes on key issues to do with young people, which would show we are really being heard.
  3. Continuing to develop a Children's Law Centre and library through our Children Act Monitoring Officer to ensure the Children Act 2004 is being adhered to and young people are cared for well. To ensure that the act is not just another piece of legislation being ignored or financially incapable of doing what it is set out to do. Taking important test cases to court, to create changes. 


I WROTE THIS IN 1996

The NAYPIC Handbook written by one who ran away and lived to run another day!!
 
N.A.Y.P.I.C.
POLITICS AND THE YOUTH THREAT
Cleveland a Catalyst to open the can of worms on child abuse. The media could now open a new agenda. The mood of the Nation was now to talk about the victims of child abuse. Adults and children who were victims could now open their mouths. The coverage of child abuse in the media went on for years. Other cases started to be exposed. Marietta Higgs may have been witch hunted and condemned over zealous but she had opened widely a door that could not and would not be closed. Talk shows, documentaries and media broadsheets alike were obsessed. However like all trends there was to be a backlash, first we were the victim, then we soon became the enemy. (Research on this should be collected to prove this point, research broadsheet libraries) It was strange that young people seemed to be either scapegoated or assumed to be perpetrators of so many publicly broadcasted crimes. At one stage if something went wrong, the indoctrinating mentally by the media got so bad that the immediate ‘Stop Concept' was ‘it's probably just kids'. Those ‘kids' had, in the early eighties, been stripped of almost all their play facilities and benefits. Organisations such as child poverty action group had and still do have cause to exist without being political about it. Such things as free school milk taken away, youth clubs taken away, free nurseries for under fives taken away, social security benefits for 16 and 17 year old's taken away. Cuts in education, cuts in child benefit and many many more cuts.
 
We need N.A.Y.P.I.C. to write about sociological and environmental reasons youth crime exists. We must never again force a media tide of us being blamed for being practically gold bullion robbers or as well political activists. Just so as they can sweep our issues under the carpet.
 
As a warning to workers the media do not always come down on our side and propaganda against us is possible especially if we are exposing people with connections. Also if we upset people in high places, M.P.s, Police, Government etc. then the ‘Indoctrination' and ‘fear of kids' tactic through mass media placing strategic bad stories about ‘kids' on top news slots and front pages is possible. This can and has been extreme in the sway of public opinion, they will go so far as avocation mental and physical torture. The locking up of 10 year olds being of high imminent danger and the torture mentally of children already in existence in the psychiatric system. Research research research is needed. Perhaps high court test cases and a report from Amnesty International is needed.
This is yet another warning: research can and is carried out by some top people that is rubbish. If faced with this and you suspect (for example the Department of Health's top researcher) just phone a T.V. documentary company and search for the truth, or write a letter to a top national newspaper.
 
Money is power, Media is power, politics is power, wisdom and experience is power. We can and must find the good adults out there with some power, they will help us. But be careful who you choose and give them no power, just use them. If they are good they won't mind You cannot trade experience and wisdom. For example:
At the age of 8 years old you may have more wisdom in your little foot than some one of 40 years old, but they may have greater experience. They may know more about corruption than 200 8yr . olds. Therefore experience must be taught to us. When we gain our power we must be as corruptionless as possible, like not ‘selling out' to tabloids (Newspapers), We can have our wisdom but must be taught and learn from those with experience.
 
Innocence is a beautiful thing for children and adults alike, try not to get burnt, just to experience what it is like. As for learning by your mistakes, yes, but this is too important to make any more mistakes, be wise. Are young people. such a threat. The women's movement fought for the vote and equality and some used to say things like; When a small child looks down her trousers at say 3 years old and the same age boy looks down his, that was the difference between their salaries when they grew up. A good funny way of putting it. For our fight we believe, Empowerment may be a lordable gift, but that's exactly what it is, it is not a right!! Look up the definition of Empowerment in the dictionary. You like any other discriminated people need hard cash, facilities, access to knowledge and research for their rights.
 
WE ARE ALSO WORTHY NOT TO BE ABUSED!!!!!!!!
 
THE PHOTOCOPIER
 
NIGHTMARE Check all contracts don't enter into- agreements and make sure all service calls are good. All office equipment will always be insured - important. Call outs being efficient is imperative, this also applies to any computers.
 
SETTING UP OFFICES
 
N.A.Y.P.I.C. has experienced setting up several offices. London and the south for example moved from a small office in Islington in 1992 to a large two floor office in the heart of Camden Town . North East/North West office moved from Newcastle to a smart new huge office on Manchester in 1992, and the Midlands office was finally established in Coventry in 1992 in honour of Carol Cox our London worker who was from Coventry who died in 1987. The office in Coventry was in an office complex with shared meeting rooms a place that sold food and had a garden. Experience shows that in all cases hard work is required. Note: Draw up an itinerary of both the office equipment you have and what you need. To start with it is possible to get free office equipment from Social Services, offices and businesses and other charities that are supportive to N.A.Y.P.I.C. Note: Perhaps put the phone on answer machine to certain groups of people that can be dealt with later also close office for about a day and a half but warn people for a month before. Filing is essential, get this sorted immediately, especially if new office. An organised office needs to be accessible to new workers and management. The essence of an office is to make it educational and friendly. Most of all professional.
 
PERSONAL EXPERIENCE RENDERED INVALUABLE
 
If you have had a-personal experience of perhaps leaving care from one part of the country to another, the North of England to Landsend, for example, the effects that may have on you may be profound. However like all experiences that are bad we can learn lessons from them and not put others through the hell of the same kind of thing. Personal experience no matter how large or small is invaluable data to the organisation. If we are to make changes young people and children must have a collective voice. It is important that experiences that are in the face of it are talked about. This is simply because they may have some common ground to a lot more people than the victim/survivor may think so. Don't let anyone put you down you may be deprived of let's say education or verbal skills, or you could be so messed up from the past you could be helplessly labelled now in your psychiatric unit. However no one can take away from you the knowledge of your abuse. (Unless they cabbage you). Keep on moving and keep remembering. If you have been treated badly or unfairly and this Country still chooses to say it is justified in it's care, then justice you will have to receive. Take them to the ombudsman, take them to the high court to a judicial review. S.S.D. have got to compensate us before they move on from their countless mistakes. NOTE: It is as easy as getting a solicitor
So get one. Find a good one.
They do the work, the decision is yours.
 
CASEWORK
 
Refer first of all to the casework pads as soon as the phonecall comes in or visitor makes contact, (Update all casework pads annually). Write all information regarding who you are dealing with on this sheet. This will be filed in a casework (Confidential) file, unless the person for many reasons wishes to remain anonymous. Filling out this sheet is your essential first step and will now be a referral, maintaining vital statistical information too for the organisation.
 
CONFIDENTIALITY
 
Will be guaranteed. Only workers/employees will be able to deal with casework and advice can be acquired from legal channels and office managers.
 
SAFETY OF THE EMPLOYERS AND YOUNG PEOPLE
 
N.A.Y.P.I.C. has in the past had young people who are in immediate danger contact us. Without being paranoid, the possibility of young people in danger having real people following them or indeed trying to shut them up is a reality. Treat each dangerous case with caution. Discuss your own fears, even if over sensitive. Share the burden so as not to take it home with you and dump it on your peers. Counsellors are available for employees, volunteers, local, regional and National management. Also our team of advisors in many fields may be of use. Once a year at least all workers and management separately should hold a co-counselling seminar with professional counsellors. For employees dealing with young people , they must first inform the young person that we promise nothing, however being knowledgeable and ex—care, they have reached a place of safety. Also in some extreme situations like imminent danger, we can as an organisation, or should in future, be able to provide safe houses or hideaways, (a lot like the days of women refugees). Even if it means booking into B&B's and a volunteer or two staying with the young person. We may be able to get a local safe house or funding from each local authority for this as a right in each local authority.
 
CAMPAIGNS
 
When N.A.Y. P.I.C. takes on a campaign the organisation must first agree to it at a full N.E.C. meeting unless it is of course of immediate importance. In this case it can be passed on to the National Chairperson or acting Chairperson. This will be in the first instance, secondly two other N.E.C. members. These three people should wherever possible inform all other N.E.C. members before deciding. If not they can take an emergency decision or chairs action. The responsibility for success or failure of the campaign will lie with these three people (So vote these three in well). They must feedback all information at the next N.E.C. in full. If they can not attend then a full report or such like should be sent in their place. Any further actions or decisions will then be voted on at the N.E.C. meeting –
 
ADMINISTRATION
 
This is one of the few posts that can be in/ex-care or not as long as they are professionals. In the case of them being non-care professionals they must be called back up staff. As N.A.Y.P.I.C. would prefer to employ care-people, the former would be sought. However emergencies have occurred in the past and this is why the term back up staff was required and voted through at the 1992 N.A.G.M.. The same situation can and does occur with accountants. Lets hope this changes in the future, perhaps with better education and training in the care system so as our recruitment opportunities are much broader.
 
EMPLOYMENT
 
Each employee will be treated with the same respect as any other member of the organisation. This means they will act accordingly to their defined roles. Employees must enable others, such as volunteers, to work for the organisation in the proper way as also set out in their defined roles. The employees must be as paid professionals of N.A.Y.P.I.C. and advocates. Taking on their duties as described in their job description. Employment in our organisation is more dependent on self sufficiency, perhaps also little fear. The employees are paid to assist, looking to our young people to direct N.A.Y.P.I.C. Workers are valued as having good knowledge so as to assist and represent the organisation at all times and should have reasons to be especially committed to the organisation including different ability and knowledge. N.A.Y.P.I.C. has put a lot of work into our employment contracts over the years, with these we have often tried to restrain ourselves from putting as an essential requirement ‘The ability to walk on water', however the contracts do meet employment law requirements. If paid employees have a problem with either management or other members, they must not gossip about the situation but rather take the person to one side and speak to them. Honesty can be effective. If the person/s involved can not or will not resolve the issue/s then your line management should be informed. If you are still not satisfied, follow the grievance procedures. When an employee has done something wrong they could face disciplinary procedures. Job contracts are available when employment commences. Also when all legal requirements such as references and top category police checks are received and NOT before.
 
FUND-RAISING
 
Application of thought, visions through communication and paperwork. If you know a good thought you must express this to someone who can do the paperwork if you can not do it yourself. Never believe there is only one opportunity to do something good. Sometimes you just have to wait for the resources. People need basics, at least before they go tearing about with good intentions or good ideas. Confidence is most important you must believe in yourself. Say you idea to someone close, don't give up when others can't see. If it is good risk and stick your revelations in their faces until they see and believe. Rise above fear, dreadful emotion, believe and make it happen. Keep on motivating others, however don't let it go to your head whether you lose or win.- Calmness, it is possible. Timing is also important, when your idea is taken seriously. Humaness being also unavoidable. N.A.Y.P.I.C. can be glad to have had some good development workers, for members sharing idea; with them can be very good as they can feed back to the organisation and activate awareness or motion. Some people keep ideas in their heads this can be lonely for one thing, and for two it can mess you up, trust someone. By passing on information you can get on with your life, however some will survive and die for their dreams and visions. No dreams are unforgettable perhaps someone will see. Then again if at first dreaming gets you nowhere, hold on. move on and try again.
N.A.Y.P.I.C. and our ideas are worthy, we do not have to give materially or emotionally to gain financially, we just have to state the facts and our rights. We do not have to emotionally bribe. Just tell it how it is, we have a good dream. We deserve our rights to be treated with ‘Care' universally. N.A.Y.P.I.C. has much information, keep up the paperwork and we will expand, when all of us agree to expand. Sometimes someone will offer you a jewel (metaphorically speaking) but if you can not carry it, be calm, if it was offered in good faith it will still be there when you have the strength. Your calmness is much appreciated. The organisations gradual expansion is only as solid as it's foundations. Carrying heaviness is not good. So your calmness is irreplaceable. If we have unity we have strength. The membership is what we have to give back to, so having unity we have strength and can give back to them which creates our freedom.
If WE, not I, have a dream, this is important. Some people will remember those words, always, ‘Unity is Strength'. Some bad people will want to give us money, don't sell out. Bad fortune may become of the giver but also of the receiver. Share decision making, then you can learn from good advice. Decision making is democratic, people don't have to live the same hurts, the same mistakes, the same regrets. Learn about N.A.Y.P.1.C.'s expansion history. Gather all information before making decisions. N.A.Y.P.I.C. must of course make their own decisions, but remember advice is free. The more we become a profitable organisation the more worried the abusers will become but remember they work in mysterious ways. Stay true because if you take a leap make sure everyone is protected and damn sure they don't get you before you get there because they know your plans. Some structures have loop holes, some infalable, take risks but look for sudden changes, be prepared with answers in all directions. Don't be stubborn like a kamikaze pilot (unless you are an island, this is very lonely) Trust is growth if there is two doors you will not find one. (unless it is the one off the planet) No wo/man is an island. You like us all can heal and also find some happiness. Unity is strength even if alone inside.
Procedures for fund-raising are as simple as seeing previous work reports and grant applications, which always outline our current direction. The N.E.C. Fund-raising Co-ordinator delegates responsibility for every employee and all employees are involved. Most of the core of our money comes from membership. We should in future demand £50,00 per year per child in care membership. So as each child has knowledge of the organisation and access to their rights. £5o.oo is nothing compared to what each child in care deserves as a right. We are accountable to our membership, but like them we are young and not miracle workers, but one day we can and will try our best to create better rights for them, so we can have our day and be listened to. We can make up a good package from social work training also this educates them at grass roots level. This already also brings in revenue, as we do charge the system for this as they need our help. We have many areas we can make our money, we deserve to keep surviving.
 
MONEY MADE FROM CHILD EXPLOITATION
 
Little is known in terms of hardcore facts about this however the fact that we met a lot of people in the 90's and dealt with many cases of child exploitation, according to us, it is the fourth largest money making industry in the world, after diamonds, drugs, pornography at best estimation child pornography is next. N.A.Y.P.I.C. must get on the Internet. This will be set up in every N.A.Y.P.I.C. local group cafe. This is a N.A.Y.P.I.C. idea and we don't want no pretenders, if some other organisation does this it won't be as effective. As we are who we are. This is to be discussed at N.A.G.M., safe houses would also be necessary. Also some recovery units for intensive dissemination of information and not so intensive groups for recovery of information also. People who are also not safe mentally even when the abuse has gone. Also no sooner are the abusers gone than they set up somewhere else. Therefore the organisation nearly has an unmanageable job. We need to look ahead also at futuristic plans and solutions, this means making more plans.
 
SECURITY
 
Each local group will hire security or will start up National Security (in-care) Firm.
 
THE DANGERS OF N.A.Y.P.1.C.
 
In the past the organisation faced all sorts of people who were either angry with us or trying to find out what we were up to:
 
Private Investigators.
Infiltrators.
Gangsters e.g.: brushing shoulders with drug rings.
Police.
Private Companies/Proprietors.
Places we wanted to close down and places we did.
Private children's homes.
Media.
A referrals family.
Close surveillance, kidnapping, to name but a few things to worry about.
 
 
 
Always speak to someone if you feel or suspect anything. We have ways of dealing with this and also we can check whether or not your home or office is being bugged or any thing like that. Sweep the place for bugs. We also have a cross section of advisors who can check things out, defusing any paranoia. This cross-section being hard and safe, clever and above the law! Also on a wider level as previously mentioned propaganda can destroy. One must keep reputable as an organisation, without reputation they, anyone, can and will destroy you. we are good and need to be here.
 
BEING NON-DEPENDANT ON GOVERNMENT MONEY/FUNDS
 
In the world there are some countries with dictatorships, perhaps also one or two individuals at least, who are abusers in some governments. This is corrupt. In an attempt to make many points let's say:
Man runs hospital, things are corrupt, he has friends in high places, perhaps an MP who is also corrupt. N.A.Y.P.I.C. investigates the hospital and in the process, the hospital man, phones his friend the MP and N.A.Y.P.I.C. loses its funding. This is only possible if one MP has much power. This is possible. To add quickly to this abstractness, before moving on, just imagine if the firms being investigated by us have International links or contacts, you see. This is why N.A.Y.P.I.C. should fund ourselves and depend only on government money as a right. For example, they could pay us a certain amount of money per year to fund the printing and distribution of our membership packs. This could be on a £5 per head basis. Not much money to be seen to be supporting an actual consumer group of their own care service and to be seen to be supporting, children's rights.
Membership is not a ‘closed shop', we are not a union. Joining is a voluntary action based on the decision of the young person. However always remember, people, staff, carers etc, may always stop young people joining. So use this quote if you come across a local authority that won't pay up for their young people to join:
UN CONVENTION ON THE RIGHTS OF THE CHlLD, which this country has signed says:
The child shall have ‘freedom of association'.
 
INVESTIGATING' SACRED COW ‘ ESTABLISHMENTS
 
It is probably little well known that when investigating ‘sacred cow' establishments (this means very old establishments and reputable buildings and organisations etc) they have their contacts, they have cash and they have lots and lots of strings to pull, so nothing gets done about them. The media included are scared of ‘sacred cow' establishments, nothing can be proved and sometime they mess up the patients/ victims so much, there is often seen to be not much credibility to what they are saying, especially testimonies in court.
This is where N.A.Y.P.I.C. is so important as the collation of information on this type of establishment, you can almost guarantee will come to our doorstep. So, what to do is keep it. Help the victims through N.A.Y.P.I.C. facilities to get better, recover, but don't push it , don't guilt trip yourself over it, just bit by bit collate it. Half way cases going to court, especially the high court are not worth the effort and potentially dangerous! If you wish to crack it, in time, however frustrating we'll get them good. we are sometimes putting individuals through too much alone, trying in court large establishments, with just a few people giving evidence. However.., a case with 30 people giving evidence takes some organising! N.A.Y.P.I.C. will be providing counselling for workers also ‘burn out' is something hard to recognise, however it is best if it can be prevented. We like to send our employees off on holidays, peaceful retreats or give them time off rather than work with the walking dead. When an establishment needs to be closed down or it is necessary to eradicate it, something better must take
-its place. There is little point in residents of a mental health establishment ending up in another type of establishment that is pretty much the same or even ending up homeless. We must always have fall back plans, ideas that are better.
 
SETTING UP CONFERENCES
 
1. First plan date
2. Plan venue
3. Decide how many young people can attend from each local authority for example in 1991,
265 delegates, and 1992 350 delegates.
4. Decide whether this is an overnight conference or an afternoon, one day, evening, morning etc event.
5. how many people are organising the conference for example in 1991, five people and in
1992 more than ten official organisers.
6. Decide who is doing what around the country, distribute tasks, set up working parties.
7. Decide what the theme this year will be overriding all other issues, for example 1991 ‘Biting back' held on the day of the implementation of the Children Act, a day for young people to voice their opinions on the act and in 1992, ‘Wot more of us' this weekend conference, (held at Butlins) voted in our new national structure, voted in our new full national executive, holding elections also for the first time. From one office and two workers the year before, we now had nine workers and five offices nationally, thus the theme.
8. Decide which workshops will be held, who will facilitate them, for example 1992 Yvette Francis facilitated the workshop on psychiatric units, as our leading consumer expert.
9. Organise printing up of membership cards for the year- and membership packs. Decide what is in the membership folders, for example the conference ticket, accommodation ticket if suitable, an agenda stating events, time of events, a N.A.Y.P.I.C. pen, note pad or paper, perhaps, as we have also had, a N.A.Y.P.I.C. baseball cap, key rings, publications, a charter of rights and of course the latest N. A.Y.P.I.C. T-shirt, with the theme printed on the front and a piece of poetry on the back (it is customary to pay £50 or something like that to who ever makes up the best poem, which is then printed on the back). So a poetry competition is also in the membership etc. etc. etc.
10. Decide if you want media there or not, decide then if you want it video taped as well orinstead. (Use a few cameras for all angles, hand held ones are fine, do not pay extortionate prices to a crew). it is important to keep a record anyway of the conference and audio or video is the best way to do this, people who wish not to be on camera must state this to the people videoing and a blind spot area can be organised.
ll. The accounts must be audited for presentation at the A.G.M. section of the N.A.G.M.
12. Decide how long the A.GM. Section of the conference will last. Not all the delegates especially the reality young ones will want to attend as they can find accounts etc. a bit boring. However attendance should be encouraged to the A.G.M. as this is where the policy changes can if required be voiced and voted upon. Alternatives in the past to the A.G.M. session have been to set up a small disco as well for the ones who do not attend or free time. (But better to keep them in the building)
13. Often the conference has been held on N.A.Y.P.I.C.'s birthday. A huge birthday cake is also made. -
14. N.A.Y.P.I.C. has large and small N.A.G.M.'s the small ones are called N.A.G.M. working parties, which consist of N.E.C. Management and representation of the membership through the local group/cafes. N.A.Y.P.I.C. hold these when firstly cash is tight or secondly when we can not afford time and effort to organise the large ones. For the future this could be resolved by having bi-annual large conferences and bi-annual working parties.
15. Communication, walkie talkies and mobiles are useful for the large conferences. A meeting on how these help communication is essential before usage.
16. First aid is essential, health and safety must come first!!!! Check.
17. Decide who will open the conference, who will be the speakers at the A.G.M., who will host (the compare ha!), this can mean staying on stage all day and it is a hard work job.
18. Food- will we do it ourselves as in 1991 - cash and carry inexpensive, or Butlins as in 1992 catering. At a working party one dayer we would just do sandwiches.
19. Make budget for the conference.
20. If large conference, how much are we charging local authorities including accommodation if required. (Can we get sponsorship from British Airways, never done before, may be a wild goose chase so don't waste too much time on it.)
21 How much are we charging for membership.
22. Do you want social workers in attendance, sometimes R.S.W.'s and Foster Parents accompany the young people. Think about workshops for them. It is often useful to split them up into small groups. Do you want directors or an A.D.S.S. representative to answer questions, maybe even an MP or top dog official, like the Minister for Health.
23. What is the aim of the conference apart from the legal A.G.M. you should talk about why we are bringing all these people together. What are we up to and what are we offering.
24. There should be posters and information around the conference, educational material on healing and such like.
25. Feed back - suggestions, such as for example, dealing with anger, ask people for their suggestions, this can be then used for the next years conference. Gathering peoples names who have similar ideas as each other for them to meet up or phone each other to work out ideas for next years conference. Also a conference list for people who want to make -friends or contact with each other can be drawn up before the conference, if addresses and phone numbers (?) are printed it can save us having to track down lost friendships through lack of proper communication.
26. Suggestions as to how to deal with trouble makers, must be worked out, there is also such a thing called agenter provocateurs.
27. There must be outlets at the conference for creativity, drama, arts etc.
 
VOLUNTEERS
 
Being a volunteer/ unpaid worker, allows you to be flexible with your time an energy. Some volunteers do nothing but be around (thus the need for local group/cafes as well). Maybe this is because they are holding something down learning/watching deciding or healing. Whatever makes them useful, welcome. there is plenty of work to do and each job is learning a skill and team work. Unpaid workers should not be party to confidentiality that is unless they are part of the management and have permission.
It is often useful for frequent volunteers to join a working party on research. In care and ex-care volunteers' experiences will help for future research and their views can be accounted at these working parties. The research forming the most solid foundations. if we have fifty young peoples experiences on emotional abuse, this can help to make changes in the laws write books and even and even put educational ripples through society. Your unpaid worker is someone who can only claim voluntary expenses if needs be and does work for N.A.Y.P.I.C. They are accountable through the structure (as voted in 1992). Refer to it. They are independent agents of the organisation interviewed by management. Very often they will make money for the organisation, they will have half the money they make, unless the N.E.C. decides they are making a killing out of N.A.Y.P.I.C. or just doing plain hard work generating money. If the former and it is our remit then we claim it at an N.E.C. meeting, if the latter then good luck to them.
Volunteers are welcome to hang out in our local group cafes. Suggestions form our volunteers/unpaid workers are welcome at all times. If we have talented unpaid workers who we will help become successful, through our contacts and efforts (such as singers musicians artists accountants etc.) then we can contract them to us to use our resources to help them to succeed. When successful they - can leave our ‘half money donated contracts' and give voluntarily as they so wished. This does not have to be financially, it can be giving other future young people a chance to succeed, through their help, contacts or resources.
 
MEMBERSHIP
 
As we stated to all funding bodies in 1992 N.A.Y.P.I.C.'s capacity in membership will be worth at least six million pounds. N.A.Y.P.I.C. with its rapid developments surpassing all expectation in 1991, 1992, 1993 our membership with our extensive and expensive new computers and our friends in parliament was about to progress to a very high level, the data and blue prints on the continuation on this expansion are still available.
 
AGEING
 
As one moves on however valuable the cause is you also move away from it. Life goes on and life, love, justice, beauty and healing is all part of moving on form the past and on to yourself and your own future. This cause may be supported but the twilight zone of youth is adulthood. We have had our chance and our day. If young people do not run this organisation then it is not the ‘association of' , do something else useful. Support but move over and let the next generation with all its trials and tribulations experience good and bad take over. If they make mistakes they are their mistakes and they will learn, knowledge is useful and powerful, find a way to pass it on. The organisation should consider support groups for older ex-care people. it is known information for us now that a lot of people's pasts do not effect them severely until they are much older. They need the same things as young people need, like some justice obviously. However their knowledge of the powers that be and the valuable sources of redress are far greater than young people who need and deserve assistance much more.... they can find or have often found personal ways of dealing with the past and their own cases. Supported care groups will also help these people. Any assistance from ex-care people is greatly appreciated. When we move on from N.A.Y.P.I.C. it may have had like our own experiences a profound effect on us. However just to know N.A.Y.P.I.C. is there may help you sleep more soundly at night. We'll keep that, but you have a good life for all of us to know it is possible.
 
VALUE OUR STAFF AND VOLUNTEERS
 
Strong people will head up the fight, less strong will help. We all deserve to be valued and respected. Nature is innate but keep unified and value ourselves to make the changes very, many people think negatively about themselves, when they have been through a tough time. Beware of this. Love ourselves and we may love each other.
 
 
UNORTHODOX METHODS OF EVIDENCE
 
By any means necessary!!
 
YOUTH OUR PLATFORM
 
Who knows what we have in store for the future but right now the abuse is killing us and it has to stop!!!! Back in 1991 London Borough's Grants Unit provided us with consultants Jenal 2. They said they would gather all our working knowledge and any statements and put it into a handbook for each worker. They were paid £6000,oo , a few weeks work.
At a management committee meeting Robert Caldwell-Jones said, “When this handbook is done we will open an magnum bottle of champagne” (as we were lead to believe that this would outline our fantastic work & development for future staff). The trusted consultants produced a 70 point condemnation of the organisation, so badly done with even seven points just repeated to add up to seventy, we still have it and its a sham and a pack of lies, (e.g no paper shredder!). When we were given the opportunity to have feedback the consultant pulled a long piece of fax paper out of her bag and said for us to read it and that the orginal was already on its way to the LBGU for a decision on funding. We just chases the consultants out of the office. However it caused the L.B.G.U. and then the DoH to withdraw all funding immediately. This handbook written in India by one of our N.E.C. members afterwards is how it should have been written. The only magnum was the toy gun left, in the suddenly one day, quite bizarrely, disappeared & empty of everything, offices of the HQ in Camden of the National Association of Young People in Care which we left as a statement. The Socialwork papers said:‘NA.Y.P.I.C. is dead'‘Long live N.A.Y.P.I.C.'with some totally fabricated article about financial mismanagement - No money, No staff, No offices, No Voice and then that article like a nail in a coffin...So no reputation...
 
Enjoy the handbook, it will help any worker who ever dares to continue. Keep up the fight.‘Rise up there young soldier they buried you long ago, don't you know you are a woman of the world' and ‘the boy had a cry with a gun in his eye rise up there young soldier young man'
 

For all potential lenders/investors and for care leavers in London interested in, 'The Founders 007' apprentership course follow the links to: Business Plan, The Project, Aims
Percentages and possibility of an investor/lender
spaceshift will take 10% of overall shop trading for administration to continue good work to help set up the Children's Law Practice of Youth Parliament.
30% of all shop trading as well as 100% membership will go to Youth Parliament.
60% for each shop will go to ‘the founders 007', 30% to each young person founding a spaceshift (25% if investor gets involved).
If an investor/lender wanted to get involved with a £7,653,000,oo investment they would get 10% of all shop profits. They would see a return of £3.4 million per annum from 114 shops. They would also get all their money back in one year paid by the first annual membership for Youth Parliament.
For further info see, the aims, the model local group and the numbers.

Dates and Times - Ben Fellows

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Time Line – Ken Clarke

It all started on the 6th Nov 2012 for me anyway -

Clive Entwistle is currently giving evidence at the - COURT 1 - THE OLD BAILEY


Emails from BBC in backward order starting at the bottom of this page going up.


I find it odd that Clive Entwistle Director General of the BBC gets a pay out
I find it odd that Exaro seem to be the media outlet drip feeding us info Henke
I find it odd that Panorama have been central too in all this & are at the court
I find it odd that all theses fellows worked on one programme with Mr Fellows

THE COOK REPORT 

& if it is all smoke n Mirrors then they are all playing, so that a law will be made to stop whistle blowers, witnesses & victims coming forward

As Ben say’s in his interview Nov 2012 Ms Jones has the tape it is currency. Ms Jones the researcher was in court re her ‘duty of care’ but this cash 4 questions scandal was worth £ and went straight to the heart of Government which was then Major & ken.


The day before the infamous programme that saw many people paid re
Lord Mc Alpine by BBC reporter Angus Stickler (who had been in touch with NAYPIC separately re NAYPIC court case since 2008 but never did a single report on the NAYPIC case) the programme that had Entwistle paid off by the then Chris Patten ex Tory MP BBC chairman, I was asked by BBC Jim Reed to meet him
at the BBC corporation he said ‘did I know anything about McAlpine I said “NO” and warned that there were others that were worth investigating if the media were finally interested after all these years in what NAYPIC had to say -


Time line starts at the end of the page so best to read from there up...

And finally if my dates are correct re the scoping exercise I think Fairbank it was set up before Watson asked the question at the Hse of Commons – All very odd!!


23rd Nov 2012
Ben Fellows meeting with Operation Fairbank focused primarily on Ken Clarke -to get a statement-



17th Oct 2012
Ben Fellows gives interview to Daily Express -


BBC Newsnight help
Actions

James Reed
08/11/2012
[Keep this message at the top of your inbox]
To: 'Scarlet Maguire Gallery', 'naypic@hotmail.com'
Hi Mary (or Jo? – I’m slightly confused about who is replying here!),

To be totally honest with you we are at the really early stages of looking into all this. What we can broadcast on TV (if anything) will completely depend on what we can prove.

Someone else told us about the possibility of abuse occurring at a house in Barnes in the late 1980s and children from care homes (Grafton Place was mentioned) being involved along with some high level political figures. But we have absolutely no real proof of that and, until we do, it is just a rumour rather than a news report we can broadcast on the TV. That’s not to say we don’t believe it’s true – but you’ll appreciate we need more than second hand testimony.

Some of the details we were told appear to add up. Others don’t.

If you could help us get some of that proof then we could manage to expose some of this. But there is no way we could ever do this on our own – and judging from your website you seem to know a fair bit about all this.

At this stage we couldn’t promise you anything in return. Other than we would completely credit you for any material or help that you can provide. But this is at a really early stage and, like I say, I would have to convince very senior people at the BBC to run this – it obviously wouldn’t just be my decision. And it would completely depend on the evidence.

I’m more than happy to come to King’s Cross (or anywhere else convenient to you) to have a quick coffee, chat about this and have a look at any documentation you might have. Would that be possible? Either over the weekend or next week some time?

Cheers,

Jim

Jim Reed
Reporter
BBC Newsnight
+44 7921 64 88 26
jim.reed@bbc.co.uk

From: Scarlet Maguire Gallery [mailto:scarletmaguire@yahoo.com]
Sent: 07 November 2012 22:35
To: Jim Reed
Subject: Fw: BBC Newsnight help

Hi there,

The info is under; Business Plan, The Model Group It's Aims and Potential; the need for a project like ours and how we have identified that.

I was thinking in exchange for that file at the weekend you could do me a favor. Let's say a pre-recorded interview.

So say I am on Newsnight and I say in a pre recorded interview,

New Naypic youth parliament’s aim is to set up a YOUTH ECONOMY independent of funding,

through stylized COMMERCE.

We have done that

as you can see on www.youthparliament.co.uk website through spaceshift.co.uk and Scarlet Maguire . Com
and coming soon One Percent 4 Art

THIS THINKING is solution based
We know and the AUTHORITIES KNOW too about the abuses
But BEYOND crying or being angry at their lack of action or BEYOND having the occasional scandal on ONE story we need children NOT TO BE abused anymore permanently

NAYPIC in the old days had ANSWERS as we were a COLLECTIVE VOICE of young people but collective voices REQUIRE A COLLECTION of cash, then the voices have MORE POWER and it is that simple.

5 years ago this month OUR 2 ART galleries in Central London, were TRESPASSED by our landlord ‘One Housing Group’ backed up by UKG & Royal & Sun building insurance, who would NOT ACCEPT their legal liability when the shops got FLOODED causing mass business interuption. To cut a long STORY SHORT the case has been in court FIVE YEARS because now without shops or CASH I had to FIGHT the case myself, now I am a VERY GOOD FIGHTER and I am sure THEY NOW KNOW that but with money I could just BUY a lawyer.
The moral is MONEY IS POWER that is how the society is.
Young people need an independent POT OF MONEY to have any chance of CHANGING ANYTHING.
Obama did not win because he is CLEVER, smooth or cuddly he wins because he has cash.
So COME TO MY COURT case suited10AM 4th Dec at the Royal Courts of Justice and we can demonstrate in STYLE to get back the 2 million my independent youth ECONOMY IS OWED and then we EMPLOY some people to GET CASH, cash and more cash, SO WE can give more, give more AND KEEP giving more.

Society in 2012 is so much nicer than before. We have a better understanding than GREED IS OUR ENEMY
We are all ONE RACE, the HUMAN race
and we will SUCEED united to STOP ABUSES OF ALL KINDS,
Especially these child SEX ones,
that are so OUT OF DATE now and so UNACCEPTABLE to us as a society
and we know EXACTLY how to smash them to pieces MODERN STYLE... It’s easy

So let’s just do it.


Wouldn't that help my case come to an end sooner.. it's been 5 years and I'd like to focus on what matters and set up the independent economy as I have been doing for years.

Can we do that deal possibly? This would be really good. You could actually do something.
Best
Mary

spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7837 6680
mob: 07916 325037
www.spaceshift.co.uk
www.scarletmaguire.com
www.onepercent4art.com
New NAYPIC
07/11/2012
James Reed
06/11/2012
[Keep this message at the top of your inbox]
Jo – what part of the website is that in? I can’t find anything on the NAYPIC site but am I just looking in the wrong place entirely? Jim Jim Reed Reporter BBC Newsnight +44 7921 64 88 26 jim.reed@bbc
New NAYPIC
06/11/2012
Good well he is very dramatic so.. best talking to people on the ground.. or people like me who just want them done... now really must log off Carol Cazier died over that one .. look on my website the
James Reed
06/11/2012
[Keep this message at the top of your inbox]
Nope – I genuinely have no idea who Chris is! Spoke to people on the street who remembered Harry though. I’m clueless about most of this to be honest. Jim
New NAYPIC
06/11/2012
Totally True Harry Kazier your talking to Chris aren't you... well... there you have it I have the file and the original books.. Best Mary Speak at weekend
James Reed
06/11/2012
[Keep this message at the top of your inbox]
Totally fair play. I’ll nag you again towards the weekend! I heard some guy called Harry (no surname) owned a house on Rocks Lane (number 27) in Barnes. Police made arrests in late 80s (88/89 maybe?).
New NAYPIC
06/11/2012
I forgot Peter Bottomley MKH I really really don't have time... you have no clue I need to get a £10,000 a month booking sorted in the next week as my barrister QC is up in court on the 4th and needs
James Reed
06/11/2012
[Keep this message at the top of your inbox]
Hi Jo, Wow. That's weird as I am on my way back from a house in Barnes to look into just that. You are not the first person to mention that place today... Know I'm pushing my luck but you would have h
New NAYPIC
06/11/2012
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New NAYPIC
06/11/2012
To: james.reed@bbc.co.uk
Certainly, I am happy to let you know all the info I have been told over the years. From Harvey Proctor, Leon Britain, Cliff Richard, Ted Heath, Kenneth Clarke, associates like those that helped in the transport such as the helicopters involved in the Westland Affair, driving VIP's to Children's homes. Jeffery Archer and another can't remember the name just now who bought the tie shop for Proctor to hush him up... all sorts. Anyway the main one was a guest House in Barnes and I named all those people apart from Kenneth Clarke where there is no evidence of him being involved in anything just gossip about him having kids to mentally ill patients in hospitals.

This industry is so old fashioned now and I am glad that it is being smashed to bits,. Sentencing needs to be life to really do the deed!!!

I am very busy this week but perhaps at the weekend I can get back to you with anything I have it's just the case files are all in storage.

Best

Jo
Actions

James Reed
06/11/2012
[Keep this message at the top of your inbox]
To: naypic@hotmail.com
Hi there,

I’m a reporter at BBC Newsnight. We’re looking into allegations of sexual abuse at children’s homes in the 1970s/80s at the moment. I saw some interesting research about this on your website. Could someone at the organisation possibly give me a call to discuss how you might be able to help us out?

Jim

Jim Reed
Reporter
BBC Newsnight
+44 7921 64 88 26
jim.reed@bbc.co.uk





NAYPIC 1991

The BBC did know about serious concerns regarding Ken Clarke on the 6th Oct 2012, some 11days before Ben Fellows claimed an assault

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James Reed
06/11/2012

To: naypic@hotmail.com

Hi there,

I’m a reporter at BBC Newsnight. We’re looking into allegations of sexual abuse at children’s homes in the 1970s/80s at the moment. I saw some interesting research about this on your website. Could someone at the organisation possibly give me a call to discuss how you might be able to help us out?

Jim

Jim Reed
Reporter
BBC Newsnight
+44 7921 64 88 26
jim.reed@bbc.co.uk

New NAYPIC
06/11/2012
To: james.reed@bbc.co.uk


Certainly, I am happy to let you know all the info I have been told over the years. From Harvey Proctor, Leon Britain, Cliff Richard, Ted Heath, Kenneth Clarke, associates like those that helped in the transport such as the helicopters involved in the Westland Affair, driving VIP's to Children's homes. Jeffery Archer and another can't remember the name just now who bought the tie shop for Proctor to hush him up... all sorts. Anyway the main one was a guest House in Barnes and I named all those people apart from Kenneth Clarke where there is no evidence of him being involved in anything just gossip about him having kids to mentally ill patients in hospitals.

This industry is so old fashioned now and I am glad that it is being smashed to bits,. Sentencing needs to be life to really do the deed!!!

I am very busy this week but perhaps at the weekend I can get back to you with anything I have it's just the case files are all in storage.

Best

Jo



The day before, the infamous programme re Lord Mc Alpine by BBC reporter Angus Stickler (Angus had been in touch with NAYPIC separately re NAYPIC our controversial 'absolute liability' insurance court case since 2008 but never did a single report on this public issue) that saw many people paid  off, the programme that had BBC Entwistle paid off by the then Chris Patten ex Tory MP BBC chairman, I was asked by BBC Jim Reed to meet him at the BBC corporation he said ‘did I know anything about Lord McAlpine I said “NO” and warned that there were others that were worth investigating if the media were finally interested after all these years in what NAYPIC had to say from our website www.youthparliament.co.uk -

They went ahead with the Lord Mc Alpine programme anyway & their heads rolled...

I ran up to corporation House that morning of Entwistle resignation & spoke to Jim all the way, I said I told you not to do it and now this is going to make people like me very vulnerable, please get some balls & tell him not to resign. He said there was nothing he could do they were already in the meeting.

So I decided since I knew none of us were now safe & the BBC were cowards of the highest order  & it smelled of some sort of set up that I would have to speak to the world's press re what I had told the BBC in the above email.
I went for Chinese TV and was interviewed, the Netherlands & was interviewed too & some other TV so actually the genie was now out of the bottle world wide and BBC were not the only one's to now know since they had literally just put NAYPIC in serious danger whilst they all simply got paid.

Also ITV did the show with Cameron after my email too as they all speak to each other don't they?

I do believe that the Ben Fellows case is going to make a law & that is it's design to stop people speaking up on social media etc. BUT BBC knew about Ken Clarke so why they have been in the Ben's Court Case & pretending they know nothing until Ben put out the story on the 17th Oct beggars belief plus police would have known too as surely all correspondence at BBC was then under their microscope & if you ask me that is when Fairbank was set up not after Tom Watson's announcement

I don't know like most of you what exactly is going on but sometimes the guys who look good are in fact the bad guys in this gravy trian

I just wanna Youth Parliament with a Youth Economy by Statutory demand as children need protecting at last and you can be sure that none of this is protecting them, they are still the currency of secrets & bribery & show stopping set ups by our great & good & a good few meal ticket folk alas

Time Line to being Outcast...

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Before & After... We decorated to corporate artistic style beautiful total refurbishment with 9ct gold leaf, £5,000 wood floor, flower newal post, glass bar, Haddon stone fountain etc

We had stack pipes from outside our premises bursting into the space, flooding from outside the space, and no air holes from the beginning breaching building regulations, illegal to trade from day 1.

Oct 2008 - Owner of two galleries - Paid rent for 3 months in advance - Trespassed - Galleries Stolen

Nov 2008 - I re-enter my stolen property and all my goods with a professional locksmith - Proof of payment was shown to landlord - yet Trespassed again - Galleries stolen again

Nov 2008 - Went to High Court - Showed proof of payment - I Took back both shops

Dec 2008 - High Court Hearing of both landlord & I - I won and held the shops - Payment established

Jan 2009 - High Court order me to produce a claim that the landlord failed to make insurance claims when the shops were flooded and breached building regulations so were illegal to trade from, yet still they wanted rent!!

July 2010 - County Court Trial 10 days Judge fails to allow me to give evidence, does not read claim

Sept 2010 - Judge gives pro-landlord Judgment and confiscates both my galleries - First Corruption

Sept 2010 - I prove Judge did not read my case and he admits it - He then gives a second Judgment

Sept 2010 - He still is pro landlord but has now cleaned up his mess and still confiscates both shops

Sept 2010 - I apply for permission to appeal - The Judge refuses - He says if I get the transcripts yes

Sept 2010 - The Judge then does cost hearing and fixes laws to take shops & apply £500,000 costs

Sept 2010 - I apply for the transcripts in order to appeal - No transcripts are produced by Oct 2011

Nov 2011 - The Civil Appeals Office has a brain wave and asks for the landlords solicitors notes

Dec 2011 - The Permission to Appeal Judge reads her notes and refuses permission to Appeal second corruption

Jan 2012 - I ask for an oral hearing as it is my right to -

May 2012 - At oral hearing Judge says I still have a case! - Lots of press are there & I get interviewed and photographed outside but no story appears.

May 2012 - Judge says I have to have legal representation, I get proof he has asked his friend to do it, third corruption

Dec 2012 - I approach another lawyer to the courts dismay - The lawyer wins - but leaves bits out. Lots of Press there and I get interviewed by 3 top journalists but no story appears.

Dec 2012 -  I ask that I can put bits back in, as have only heard pleading today and the Judge says yes

April 2013 - I put it back in the case that I had asked for the structure to be repaired as it was illegal

April 2013 - I showed proof I asked for the structure to be repaired as it was insured but no reply

May 2013 - Appeal hearing day changed to the next day, the day before the two day appeal no notice 

May 2013 - I ask to add in my points of asking for repair but despite proof in emails this is denied so fourth corruption

May 2013 - I present case, I show proof I am insured in my lease/contract and claims weren't made

May 2013 - The landlord presents their case saying they have no repairing obligations (not my case). Instead of me replying to this, as is my right, day two is abruptly cut short by lunch, mid me speaking when the Judges without any warning stood up and walked out! Press there but no press appears.

May 2013 -Despite landlords obligation to make insurance claims, Judge say no obligation to 'repair'

May 2013 - I ask to adjourn Judgement - I have not pleaded the landlord to 'repair' but to make claims

May 2013 - Judgment landlord had 'no repairing obligations' in the lease - Fifth Court Corruption. Press inside and outside but no story.

May 2013 - Having asked for implied obligation' for landlord not to breach insurance by saving on not making claims, notwithstanding I was insured anyway in lease/contract, they made it up that I had asked for a repairing implied obligation - I have never pleaded this at all and would never as neither of us repair - We are both insured with joint insurance, where they make the claims and I tell them if repairs needed

June 2013 - I apply to Supreme Court - Follow the rules - Court has 28 days to reply - No reply

Nov 2013 - I apply to European Court of Human Rights keeping six months since last judgment rule

Dec 2013 - Reply from ECHR application correct & get barcode stickers from them for future letters

Dec 2013 - ECHR's only ask me to resign the application as they think signature is photocopied

Feb 7 2014 - I get an 8 months late reply from Supreme Court (so I now have till Aug 2014 to apply to ECHR with the 6 months rule and I might have to reapply with a lawyer at this rate within time, if they throw me out or just don't reply like all the courts thus far, its so corrupt to litigants in person) that permission to appeal be refused because the application does not raise an arguable point in law. But the law is BT v Sun Life and they know it..

Feb 10 2014 - ECHR say they got my resigned application & need the Supreme Court Judgment now

Feb 10 2014 - I already had sent the Supreme Court Judgment in post on the same day to the ECHR

Feb 17 2014 - Just to be on safe side I send another letter to the ECHR's asking if they need anything

Mar 6 2014 - Phoned ECHR and told that my case was not important so couldn't speak to registrar. She also says that a decision was made on the 7th Feb and I would get it soon.

Mar 6 2014 - I send supplementary medical proof of stress but say I am not a victim, I'm a survivor

Today I am left with no reply and the last letter that says if all the relevant doc's are not sent by 4th April 2014 the file will be destroyed... but all they asked me for is the Judgment from Supreme Court

I look forward to some joy soon in this case although I feel like an outcast.. Perhaps there is only now divinity... Happy Mothers Day XX

The shop last week, it's across the road from me, it is now empty but has been badly trashed rent free!



ABC in applications to ECHR

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Supplementary table to the statement of facts II 

1.     On the month of June 2000 and the month of April 2004 Mary Josofar Valdivieso Fortuno Flores (further referred to here as MJVFF) took on the two leases of two commercial properties at 104 & 106-108 Cromer Street, London WC1H 8BZ. Both were art galleries and events spaces. Put shortly MJVFF was out of Business on at lease a dozen occasions from 2004-2008 because of defects in the building not in her control and covered by building insurance repairing scheme, held jointly by MJVFF and the landlord Community Housing Association LTD.   
How the convention was breached
1.    Article 1 Protection of property.


2.     On the month of October 2008 the landlord trespassed 104 & 106-108 Cromer Street premises due to an outstanding liability claim on the insurance, for which they backed by our joint insurers, hoped to avoid. Because they had failed to make claims so the insurers would not pay and neither party wanted to pay so they attacked us.
How the convention was breached
2.    Article 1 Protection of property.

3.     MJVFF took an injunction on both premises and on an order from the High Court the case proceeded to the County Court for a ten days trial held in July 2010.
             How the convention was breached
        3.  N/A

4.     The lead up to the trial was unfair because the Judge responded only to the landlords solicitors for disclosure, there was an inequality of arms, the particular of claims were rejected by the judge and then accepted wasting thousands of pounds and there was no speed in getting to court even though the High Court had ordered it to be speedy. The judge also allowed more expense for us by entertaining a section 25 notice when it was clear that the outcome could only be decided upon completion of the trial. All issues in detail of the unfair lead up to the trial are placed in the appendix sent to ECHR as the facts for permission to appeal.
How the convention was breached
       4.  Article 6 Right to a fair trial & Article 1 Protection of Property

5. The trial was unfairly heard and MJVFF was disallowed to put her case orally where as the landlord had 4 days with MJVFF in the witness box. This was a mismanagement of the trial time and allowed no more time for MJVFF to plead her case so after waiting for two years her case was never heard. In fact MJVFF was asked by the Judge to put her case in an email at that the end of the trial.
              How the convention was breached
       5.  Article 6 Right to a fair trial & Article 1 Protection of Property

6.  Both parties were asked instead of a furtherhearing at the end of the incomplete trial to put written ‘submissions on liability’ to the County Court. The allocated time for this was unfair with an advantage to the landlord.
            How the convention was breached
Article 6 Right to a fair trial & Article 1 Protection of Property

7. Judgment was given which was based only on the landlord’s case and this was glaringly obvious. MJVFF put in an application to the courts with evidence from her notes of the first judgment that the judge had firstly, not heard her case orally and secondly had not read her ‘submissions on liability’. Her notes proved her case so well that the judge admitted he had not read her case either. He decided to read the ‘submissions on liability’ 92 pages and 245 paragraphs, with 350 exhibits referred to, the next day and to do another judgment he following day. We are suggesting he did this to cover himself for his failure to conduct a fair trial.
            How the convention was breached
       7.  Article 6 Right to a fair trial & Article 1 Protection of Property

8. The second judgment was equally unfair using just one law to cover over a dozen issues and permission for appeal was refused. Again all the detailed appendixes of this have been sent to the ECHR.
                    How the convention was breached
       8.  Article 6 Right to a fair trial & Article 1 Protection of Property

9. MJVFF sought permission to appeal on liability before the costs hearing but the same judge told her that she would need to obtain the transcripts of the two judgments before she could get permission. The costs hearing should not have been allowed to go ahead whilst this process had not yet taken place as the costs hearing was dependent on liability being established. Meanwhile she applied for the transcripts to the appellant court. All details of this are also in the appendix’s sent to the ECHR. The cost hearing unlawfully went ahead.
            How the convention was breached
       9.  Article 6 Right to a fair trial & Article 1 Protection of Property

10. The transcripts took two years to be produced by the civil appeals office. Without them permission to appeal could not be processed. MJVFF constantly requested them.
            How the convention was breached
       10.  Article 6 Right to a fair trial & Article 1 Protection of Property

11. In the end the civil appeals office took an illegal step in process of asking for the solicitor’s unapproved notes of the other side. I had to challenge this by going through her notes and pointing out that they were inaccurate and also saying that this could have been done two years earlier with my notes which I sent in for approval to the judge but there was no reply. I had asked for her notes under the CPR before and they were not given over I was simply ignored by the courts. Permission to appeal was not given based on the solicitor’s notes! MJVFF then applied for an oral hearing.
              How the convention was breached
       11.  Article 6 Right to a fair trial & Article 1 Protection of Property

12. On May 10th 2012 the Judge ordered that the hearing of the renewed application for permission to appeal be brought back before him but with the assistance of a pro-bono lawyer. The clerk took a loud telephone call during the hearing whilst MJVFF was giving her legal plea for permission to appeal. Permission to appeal should not have been dependent on a lawyer being present as MJVFF’s arguments were very concise and clear.
            How the convention was breached
       12.  Article 6 Right to a fair trial & Article 1 Protection of Property

13. This delayed the case for a further 7 months and the lawyer reformulated the grounds of appeal.
How the convention was breached
       13.  Article 6 Right to a fair trial & Article 1 Protection of Property

14. MJVFF’s case was now not very much in her control and she suspected behind the scenes deals going on as might be for a tactical game to conclude the case but perhaps with not all points covered. In short she felt her case was being hacked to pieces. She has evidence it was and has presented it to the Supreme Court as seen in the appendix’s in detail given to the ECHR.
How the convention was breached
       14.  Article 6 Right to a fair trial & Article 1 Protection of Property



15. At the 5th Dec permission to appeal hearing she orally asked the judge that if, when she gets the advice from the pro-bono unit she does not agree with it or wants to add further grounds that may have been taken out by the lawyer volunteer, she can do so. The judge agreed. MJVFF did not know how the lawyer was playing it as she only met him once for half an hour. He did get permission to appeal on 7 0f 10 grounds.
How the convention was breached
       15.  Article 6 Right to a fair trial & Article 1 Protection of Property


16. When another lawyer from the pro-bono unit finally gave the advice it was late and MJVFF wholeheartedly disagreed with it.  The volunteer counsel and MJVFF parted ways and MJVFF proceeded to appeal having put all the issues back into the case and applying officially to add two more grounds in where there was irrefutable evidence that for example she asked for the structure to be repaired for which the county court judge had said she had not and for which if she had, was insured and liability would be established. The court refused the 2 new grounds without any reason given, effectively taking out bits of her case unjustifiably and underhandedly.
How the convention was breached
       16.  Article 6 Right to a fair trial & Article 1 Protection of Property

17.  The Appeal date was changed without notice to the day after it was allocated. It was also cut from two days to one day and up until lunchtime, when the three appellant Judges walked out mid MJVFF pleading her case and without any warning from the clerks. The appeal was dismissed and the trial was corrupt in that it stated in Judgment that MJVFF had asked for an implied repairing covenant when she had asked for no such thing she had asked for an implied covenant that the landlord should not breach the terms of the insurance 5(22) not withstanding she was in contract insured already and contract was simply breached by the landlord making her uninsured.
How the convention was breached
       17.  Article 6 Right to a fair trial & Article 1 Protection of Property


18. MJVFF sought to stay the judgement on the grounds that this was not her case that had been judged. This was officially refused. She then sought permission to appeal to the Supreme Court, which was rejected with no grounds for the rejection.
How the convention was breached
       18.  Article 6 Right to a fair trial & Article 1 Protection of Property


19. Judgement was given on May 24th 2013 where MJVFF stated that clause 5(22) (which she had based all of her argument on at the appeal using Barrett v Lounova as the needed ground for an implied obligation as the contract would make no sense without it) had been ignored in judgment. The judge said that it was in the Judgment, which it is not. The judgement was about a repairing obligation which is a case she never pleaded so they just made it up as they went along to suit the judgment and rid themselves of my  case.  I asked the Supreme Court to provide the transcripts to prove my point but they said they were not necessary at the reception desk. I went to the High Court to get them but they said I could only get them at the Supreme Court. So catch 22. Anyway the Supreme Court completely ignored me.
How the convention was breached
       19.  Article 6 Right to a fair trial & Article 1 Protection of Property

20. A cost order of about half a million with interest gaining by the day is pending and both premises have been stolen.
How the convention was breached
       20.  Article 6 Right to a fair trial & Article 1 Protection of Property

21. Article 1 & 6 of the European Court of Human Rights has been breached by the UK. MJVFF has evidence of corruption, be it somewhat political that is of no interest to her case or her personally. However the President judge of the Supreme Court in the UK and as was at the time the Master of the Rolls had his judicial assistant writing reports to the presiding judge to reject permission to appeal from the county court and also the original president of the Supreme Court had his judicial assistant writing reports too of the same nature. There is a conflict of interest as that is a family connection that should have no part in my case and that is not due diligence to have that take place. The Baroness Neuberger was the chairperson of the large social landlord who trespassed my premises and the leading judge is her brother in law Lord David Neuberger.
How the convention was breached
       21.  Article 6 Right to a fair trial & Article 1 Protection of Property



             


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