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    Liability of solicitor to pay costs personally

    By Andrew Yiannides
    19 June 2008

    A House of Lords ruling on record since 1940 on appeal from the Court of Appeal (1939) and solicitors with the blessings of the Law Society, the Police, Ministers and the media simply engage in RAMPANT FRAUD THROUGH ABUSE OF THE COURTS’ PROCESSES, all, care of condescending and participating in the arrogant fraud on ‘the serfs’: – the taxpayers.

    H.L. (E) MYERS APPELLANT
    Oct. 19,23, 24,25,30 : v
    Dec 5 ELMAN RESPONDENT
    SolicitorProfessional misconduct – Delivering defence suspected to be false –
    Filing inadequate affidavit of documents – Proceedings conducted by clerk –
    Liability of solicitor to pay costs personallyJurisdiction of judge.
    Essential reading for all victims of solicitors and the legal circles / courts generally.
    meholpr.jpg (166933 bytes)
    Access the common factor that prevails in the system, from here.
    The Jurisdiction of the Court to order a solicitor to pay the costs of proceedings is not limited to cases where he personally has been guilty of misconduct, but extends to a case where his managing clerk, to whom he has entrusted the necessary work, is guilty of misconduct, as for example, in the preparation of and filing of inadequate affidavits of documents. The jurisdiction is not limited to deal with cases of misconduct or default, but extends to the case where costs have been improperly incurred or without reasonable cause or have proved fruitless by reason of undue delay in proceeding under a judgement or order.
    An order for discovery requires the client to give information in writing and on oath of all documents which are or have been in his possession or power, whether he is bound to produce them or not, but as a client cannot be expected to realise the whole scope of that obligation without the aid and advice of his solicitor, the latter has a peculiar duty as an officer of the Court carefully to investigate the position, and, as far as possible, see that the order is complied with. The solicitor cannot simply allow the client to make whatever affidavit of documents he thinks fit, nor can he escape the responsibility of careful investigation or supervision. If the client will not give him the information which he is entitled to require, or if the client insists on swearing an affidavit which the solicitor knows to be imperfect, the solicitor’s duty is to withdraw from the case. A solicitor who has innocently put upon the file an affidavit by his client which he subsequently discovers to be false, owes a duty to the Court to put the matter right at the earliest moment if he continues to act as solicitor on the record.
    Decision of the Court of Appeal ( reported sub nom Myers v Rothfield [1939] IK B 109 ) reversed. Lord Russell of Killowen dissenting on the ground that the evidence submitted to the House failed in his opinion to establish any of the charges against the managing clerk, and, therefore, the order against the respondent could not stand.
    ****************************************
    (i) Conspiracy - The crime of conspiracy to defraud takes place when two or more individuals agree to injure the rights of another. No further action is required. In practice, however, it is difficult to prove conspiracy unless the agreement to do something dishonest is put into effect.
    (ii) Dishonesty - acting dishonestly is an essential ingredient in the crime. In legal terms the knowledge of doing something wrong in relation to another person (whether overtly or covertly) constitutes dishonesty. Where covert action is concerned it may not be necessary to tell a lie or misrepresent the truth; a decision by someone who is aware of the true position to remain silent and in this way deprive an individual of his entitlement may constitute an implied lie or misrepresentation; and deliberate failure to correct a previous wrong interpretation of an individual’s entitlement which he took on trust almost certainly amounts to an implied lie. It is important to note that such action – or failure to act – constitutes dishonesty even if the person concerned believes in good faith that some valid public purpose is being served by it.
    (iii) To defraudthis is to deprive someone of something to which he is properly entitled; either directly or by implied lie or misrepresentation [*Link from here to the page where we rxpose ORGANISED COPNSTRUCTIVE FRAUD THROUGH ABUSE OF THE COURTS FACILITIES]

    Through the above deliberations and ruling / judgement their Lordships made it abundantly clear that solicitors owe a duty to the Court (to Justice in essence) to ensure that NO FALSEHOODS ARE ADVANCED, AIDED OR SUPPORTED by Officers of the Supreme Court. However, there exist the issues of power over others, greed and temptation, such as invitations to entertain criminally motivated and secured impositions on targeted parties. WE HAVE SUCH EVIDENCE; a barrister inviting through a deposition, an AFFIDAVIT SERVED & LODGED AT COURT, a Judge of the Supreme Court (RCJ – London) to ignore the law, and to ‘deny rights assured in law’ to a targeted serf, one, who, in accordance with the teachings by examples stated in the work of the creators of the alleged creator of all and everything, does NOT QUALIFY FOR JUSTICE, BECAUSE OF HIS BACKGROUND & BELIEFS. Such elements, years before the late Stephen Knight published his well-researched work on ‘The Brotherhood’, the Freemasons and activities by members who, apparently, merit no consideration by the hierarchy of ‘The Brotherhood’, as an offended ‘dissident’ spoke of to the researcher.

    http://www.uk-human-rights.org/4suckers.htm#1940

    PostScript

    One leah@ has been submitting regular comments to articles posted at Justice Raped dot Org. The comments / compliments in no way constitute submisssions or relevant comments / challenges that relate to the content of the articles.

    ALL the person aims at, through use of the comments facility happen to be ‘the import of spam laced with adverts’, for free and earnings.

    The person failed to note that our systems have been picking up on the attempts and submit them to the administrators for editorial attention. The person among the compliments intended to secure aproval for release ‘if passed by the system’s security / separation of spam from genuine interests OR CRITICISM, which we welcome, failed to recognise that we are not interested in idle comment compliments.

    Postings clearly intended to secure promotion of some financial rewards facility for posting such unrelated material as an alleged video attached to the article above, are but a sick joke.

    Grow up Leah.

    Diogenis

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