ESTOPPEL - It matters not that the enforcement notice is a fraudulent instrument, the law of Judicial Estoppel or the alternative interpretation
Res Judicata applies. This is an estoppel that precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings.
Magistrates Courts are mostly there to serve councils and the police rather than deliver justice to the people. For example there is no Legal Aid even where there are complex legal issues for any layperson to have to deal with, meaning that there is not a level playing field or equality at arms and that this is a state engineered situation contrary to Article 6 of the Human Rights Act 1998 and the United Nations' Universal Declaration of Human Rights.
WEALDEN DISTRICT COUNCIL & OTHERS - ATTEMPTED FRAUD OR CONSPIRACY TO DEFRAUD ?
In a case involving Andrew Corkish, Tracy Nicholson and Valuation Tribunal Service panel members Judith Barnes and Peter Hardcastle, it was explained to the tribunal that was held in the Hastings Council offices on the 7th of September 2018 that an enforcement notice prevented residential occupation of The Old Steam House in Lime Park, Herstmonceux. It was explained that the Local Land Charges Rules 1977 required Wealden to remove incorrect information or defunct charges from the register, and that this had not been done, and as a consequence of that the council had put the defendant in a position where he suffered loss or the risk of loss in that he could neither occupy the premises legally nor sublet any other part of the premises covered by the extant enforcement notice in seeking to offset the charges that this council were seeking in the full knowledge that they were preventing full use of the premises yet seeking the full council taxes as if the premises had not been so blighted - and so causing loss.
It was explained to a Valuation Tribunal on appeal that Section 4 of the Fraud Act 2006 was then applicable and that the Wealden District Council were guilty of fraud. In that the valuation tribunal chose to ignore this information or recommend that WC carry out their function before they might reach a decision, made the parties involved guilty of being part of a conspiracy to defraud.
The situation is rather darker than it appears in that Wealden's officers have been involved in a long term agenda to part the defendant from the premises, including seeking to bankrupt the gentleman and lying to the Secretary of State's inspectors on at least two occasions and several High Court judges along the way in seeking to devalue the land in question such that neighbours might avail themselves of the premises at an undervalue.
For this reason and due to the perceived malfeasance in public office, Article 8 of the Human Rights Act 1998 kicks in where this series of attacks violates Article 8 and Article 13, save that we have no Article 13 in our domestic legislation, therefore relying on the European Communities Act 1972 and Section 6 of the Human Rights Act 1998 that binds local authorities to observe the European Convention.
Andrew Corkish (for VO)
Charlotte Corkish (for VO)
Judith Barnes (VTS panel member)
Tracey Nicholson (for the VO)
Graham Wayman (for WDC)
Other players involved in the conspiracy to defraud over the years included:
WHO WE WERE FIGHTING AGAINST FROM 1939 TO 1945
COUNCIL OFFICERS 1982 TO 2018
Victorio Scarpa, David Whibley, Julian Black, Daniel Goodwin, Christine Arnold
Christine Nuttall, David Phillips, Douglas Moss, Ian Kay, Charles Lant
VALUATION TRIBUNAL SERVICE CONTACTS
PROCEEDS OF CRIME - Valuation officers who tow the party line are not only highly paid civil servants, but also stand to benefit from their involvement with underhanded dealings in planning consents in other geographical regions where there may be a "you scratch my back, and we'll scratch yours" arrangement. On the other hand, it could be that insider knowledge can be used legitimately to obtain consents for houses in the country such as this nice little retreat in an out of the way location, that might be termed green belt to the man in the street. If a council officer is paid cash for favours or receives 'in-kind' inducements for what amounts to fraudulent or even insider dealing and they are convicted, their assets could be seized by way of proceeds of crime. Is it worth it? Yes, power corrupts. It always will and those in positions of power will sometimes be tempted - because they know that others in their ring of power will protect them when the brown stuff hits the fan.
MISFEASANCE & MALFEASANCE
When an officer of the courts omits to include evidence that he knows is relevant to a hearing, that is termed misfeasance in public office. Where an officer then tries to cover up his or her misfeasance (as did Ian Kay in the Stream Farm matter), that becomes malfeasance. The difference is that misfeasance is a civil wrong, whereas malfeasance is a criminal offence. The leading case precedent on malfeasance is: R. v Bowden 1995 Court of Appeal (98 1 WLR).
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