10/08/2017
This is SO important, the rateable value is how they drag family homes in CC (kangaroo court) to have people evicted onto the streets. Copy and paste this somewhere (as much disappears from FB) for if you or someone you know needs it someday. where bankrupts the people for the benefit of the world bankers.
if you don't know their plans for you and yours..... you may not see it coming in time.
The circuit court and Jurisdiction or lack of it;
Is the CC turning a blind eye to the issues of Jurisdiction or are they just being lead by the Officers of the Court: the Legal Eagles?
It took The Hub – Ireland 3 years of putting in the same Affidavit, same information into the CC until one High Court Judge understood what she was looking at: it was a CC appeal to the HC and JUDGMENT of Ms. Justice Murphy delivered the 20th day of May, 2015; LAURA FINNEGAN & CHRISTOPHER WARD and the Bank of Ireland.
In here summing up makes it quite clear: “It appears to the Court on the evidence, that the plaintiff and others have devised and used an ad hoc non-statutory process which is devoid of legal effect, for the purpose of persuading the Circuit Court that it has a jurisdiction which it does not in fact enjoy. This is a matter of serious concern to the Court”.
So: three years of banging the same drum; the Justice Noonan jumps onboard with his ruling and puts a value on zero, Justice Baker then has a go at gaining favour with the banks: in fact at the original Finnegan hearing the Barrister said to the Judge at one point “do you realise what this will cause if it gets through”….. kind of says it all!
An end to the subject was needed and the case of ptsb & Dave Langan in the CC was subsequently ‘case stated’ to the Court of Appeal; The Hub – Ireland raised the best part of €10k for the case: the case was won; hands down, all three Judges in favour. That’s it, we thought, 3 years banging the same drum: not so!
A case taken from the CC to the HC cannot be appealed to any higher court: our belief and gamble had paid off.
You can’t appeal Justice Murphy’s decision; well unless you are a bank and put the issues on a level of national importance;
The case we won would have had 11 thousand cases pulled from the CC: houses returned and a large chunk of compensation: on the grand scheme of think, not national importance! Egg on the faces of the legal boy: not national importance!
We have twigged one thing; the national importance is the family law courts: done at a Circuit Court level: if a property or land is involved then the legal’s will claim the rateable value as the jurisdiction: our question (tongue in cheek) is what effect of having the wrong Jurisdiction would have on all of the family Court Orders? Have we just proven that family law matters should be heard in the High Court?? The court that is a Constitutional Court; the District and Circuit are arbitrary and can’t deal on a Constitutional level: it is not their remit!
But lets move forward: what if the Circuit Court has no Jurisdiction to hear Possession cases: period! The 2013 Eviction Bill has failed and we have the proof, in our opinion, the 2009 land reform is a sticky plaster that failed and the 1961 Courts Act still stands and that Act relies on the Rateable Value of the property / land. As we know: Rates do not apply to domestic property or land.
So where is it going to end, another three years of the same material going before the Courts before one Judge see and understands what we are saying and have been saying from the gecko: it is clear that any order or case is Void and there is no need for a Court to order it ‘set aside’, quoting Lord Dennings dictum in the Macfoy V United Africa Co Ltd (1961) 3 ALL E.R “If an act is void, then it is in Law a nully. It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there, it will collapse. It is void ab initio, void from the start.
We are going to be shut down, that you can hang your hat on: each time, just recently in the CC the Solicitor, Registrar, Judge has made reference with throw away comments like: “these Affidavits keep turning up” or “ the same argument”, “oh they have changed tack with this one”………. we can see it coming but guess what: like the phoenix: we start again.
For those whispering in the wings: make it a good one because I will do ‘time’ and still won’t stop.
Please share, please interact; there is so much wrong but it is only you guys that will change that.
The Hub – Ireland 09/08/2017.
