My friend and client had walked away ealier this month from a JR application – we both lingered outside for a bit of where his oral renewal of permission hearing, which he paid for, was scheduled — but decided not to go in. That is, when we found out that the judge assigned was an “employment law lion”, according to his biography. Permission on papers was denied by a medical law solicitor, sitting as a high court judge for unclear reasons. The government was represented by a lawyer qualified in New Zealand. Our JR was on a procedural question of EU free movement law. It was, £1800 later, never heard by anyone, not even for five minutes. We lost altogether £2000 between us.
WHY WOULD WE EVER TAKE JUSTICE IN THIS COUNTRY SERIOUSLY if people affected by misapplication of, and people who live and breathe, EU free movement law, are supposed to seek justice from a New Zealand lawyer, a medical malpractice solicitor, and an employment law tzar, none of whom have the remotest idea what the case is even about?
Now that we walked away, the semi-literate idiotic New Zealand lawyer (half of them at GLD is from NZ, nothing against it, I was married once to a kiwi – but why can’t our govt hire UK lawyers? no takers, I assume?) billed us £1200 for her services. We submitted arguments on costs TWICE, but Admin court office, in violation of their procedural rules, ignored them BOTH TIMES, basically pretended they did not exist. Neither the medical solicitor, nor the employment law lion, entertained even for five minutes our protestations on costs.
SSHD response, two months delayed, was so moronic and devoid of any meaning, that even the PAP correspondence was way superior to it in terms of content and adressing the issues – and the letters from a deputy senior caseworker an NEWURO, who considered my protestations initially, in fact, was the most meaningful. Those were all free.
The higher you go, the stupider they get, and the more abuse you sustain. The NZ lawyer just blabbered on incoherently without any grasp of the issues, the medical solicitor issued a one-paragraph refusal devoid of grammar and punctuation in which he was basiclaly making fun of us. When we turned up and saw the employment law tzar, I said – we are leaving. So we left. I will pay the £1200, that cow can shove it. I am absolutely not ashamed to say that. We were all robebd of money and abused by this system. as a British citizen, I am, ashamed to call this a democracy or outr justice system – “justice”, or to be a part of this mock monkey circus. I am involved in a lawsuit in Russia now, I swear there is more justice there. By a measure.
Why did we walk away? There seems to be no point — and nothing resembling justice, or courts in a traditional sense like I am used to in the US- as a good-faith small time litigant, who is just trying to right a small wrong — a completely unlawful detail of an EU law document procedure at the HO, which had caused a minor inconvenience of a loss of several hundred pounds, damage our government inflicts carelessly and without second thought – is left feeling abused, demeaned and robbed as a result of an encounter with this system.
So suppose there is a question of EU law. Home Office does something wrong — they screw up – causing some monetary damage and wounded pride. Say you lost maybe 300 pounds you should not have lost. The government thinks it has an inherent right to rob you of such an amount, and generally does not look kindly on wasting public time on trying to recover it. You know they are legally wrong — for someone who knows and understands EU free movement law, there is no question.
One cannot go to the county court for damages because you cannot explain effectively to county court that you have been wronged. So you apply for JR seeking a declaration. This is not a galactic size or a very consequential wrong, but they stole your money and treated you like sh*t so you want justice and money back. Haha. I can name a whole lot of lawless third world countries you’d get father in, than this “justice” we have in the UK.
You will never get to a JR. On initial complaint and pre-action protocol stage you will get semi-meaningful responses from SCWs and even the brainless Capita-staffed Litigation team at Lunar house. That is, because these people at least HEARD of issues related to immigration, EU law, and UKVi policy..
Wait until you apply and have to wait 3 months — instead of procedural what, 3 weeks? to get a semi-literale AOS that has NOTHINg to do with the issue at all, from some peopel who sig their mail Lawyer (NZ qualified). So THEY can conduct “litigation” apparently – I cannot, but they can?
I recall a barrister I know telling me not to put myself as a co-applicant — although in reality the applicant WAS me, because it was me who lost all the money, since I covered all the client costs under service guarantee – so we did not. He said the court would never believe that I had standing and will treat this as an attempt to act in a JR on the sly. See, idiotic as it was in context when I was the only one to whom damage was done, but we put me as an interested party, and one of the clients affected was the lead plaintiff.
Now, the result is — the client does not wish to appear for himself. The only person who can make the argument is me. I cannot, apparently, appear — I cannot be a Mckenzie friend, because I am an interested party. I cannot –that is my favourite – act as myself, eg an interested party- because I cannot conduct a permission hearing INSTAED of the client. He has to appear, and then I could as well. So we are supposed to hire another knuckle head who will not bother to understand what our case is, and pay another 1000 pounds. Or we can just walk away having already spent £600 after we had 300 stolen from us, and the idiotic GDL now wants another 1200, for compiling 9 pages of incoherent text that entirely consists of copy-pasted paragraphs — whole pages — of completely irelevant litigation and arguments on topics we have not raised. Kaqka could not have envisioned this. You lost £300? Please fork out another £1800 to be laughed at and humiliated by a medical malpractice solicitor and a NW lawyer, who don’;t pretend to even have heard of EU law.
I am ENORMOUSLY pissed off. I do not know any other developed, semi-developed or third world country that lacks even small scale justice so completely. Even totalitarian governments know that it is in their interests not to steal 300 pounds from the poor and treat them like dirt. For our government, with complete, mind boggling complicity of the so-called justice system, this is a normal modus operandi. That is how it rolls.