The McKenzie friend – rights of audience case Law

June 27, 2012

CASE LAW

HM Prison Armley & Anor [2011] EWHC 2269 (Admin) (26 August 2011)

URL: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2269.html

    Cite as: [2011] EWHC 2269 (Admin)

1. … I was also asked to consider (by his McKenzie friend, Mr Jarvis) whether or not it was open to me to hear an application by the Claimant to purge his contempt.

3. … I was also addressed by his McKenzie friend, Mr Jarvis.

4. At the hearing on 25 August 2011 I was addressed at length by the Claimant. Mr Jarvis also made representations on his behalf.

7. The Claimant was not represented by a lawyer …

8. … Mr Jarvis made short submissions in support of those contentions. …

21. During the course of his oral representations Mr Jarvis raised the possibility of the Claimant applying to me to purge his contempt.

22. I should say for completeness that I assumed I had jurisdiction to grant bail not as the judge who had determined the application for habeas corpus against the Claimant but, rather, as a judge of the High Court who is authorised to sit in the Court of Appeal Criminal Division and to whom an application (albeit very informally) had been made for bail pending appeal.

[2011] EWHC 2269 (Admin)

BACKGROUND

People recently have been informing me of difficulties they have had while helping friends who may be facing Court action, with being recognised by the Court, as normally Court Magistrates and Judges are used to dealing with people who they term as Lawyers,

Wikipedia legal definition;

In England and Wales, “lawyer” is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyancers, ; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.

When playing my small part in the campaign to free Norman Scarth, one of my roles was that I acted as McKenzie friend in Court, which in real terms meant I actually took on the role of a Barrister and Solicitor combined, in that I filled out all the forms and created multiple copies of relevant paperwork, including evidence and dealt with communication to and from the Court and was even granted Legal visits to Norman Scarth in the Prison, going as far as applying for permission to take a tape recorder in, which permission was granted for.

I am not a legal professional, nor do I have any formal qualifications. I am self taught, driven by a desire to correct the inequality within the justice system.

Before this application was made, any application for a Writ has been made by very senior practising Lawyers who specialise within the High Court.

On the 25 August 2011, all that changed as it was written in to case Law that the rights of the common Law advocate remain, and are reasserted under the ever evolving status of ‘McKenzie friend’.

No application was made for rights of audience to address the judge, but it was simply granted.

The matter sat in both Civil and Criminal jurisdiction within the High Court of Justice (see paragraph 22) meaning this case Law has implications for every Civil and Criminal hearing at regional and national level.

WHAT THIS MEANS TO YOU

Legal Maxim “He who fails to assert his rights has none.”

This asserts in Law that any man or woman may have any representation of their own choosing and that representation does not have to be a recognised Lawyer or indeed have any qualifications.

Therefore if you wish to assist a friend in Court you may quote the above case Law, copy, paste and print, with its reference, and submit this to the Court in writing at the outset of proceedings.

The case law grants the McKenzie friend rights of audience in all matters whether Civil or Criminal proceedings.

The case law also established the right to make informal on the spot applications by the McKenzie friend.

It is your duty to assert your rights in this way, as it makes it easier for the next man or woman.

This way the judiciary gets used to doing things fairly again.

Please share this article and copy and paste as these are the rights of everyone.

Author : Chris Jarvis

Advertisements

The Magna Carta, Norman Scarth and the Ministry of Justice fail

April 19, 2012

A Man exiled from the land of his birth, a land that has become HMP UNITED KINGDOM LTD

The worlds largest concentration camp.

Norman Scarth of the Article 6 group, features in this video as a man that has been exiled under the duress of facing highly questionable judicial proceedings against him, with reason to silence him for highlighting the lack of free speech and inequality in the Law with regard to rights generally.


Shyster Roy Anderson in Leeds Magistrates’ Court

March 21, 2012

Norman has asked that we all assist in spreading this video of his time in Leeds Magistrates, prior to his adventure in seeking asylum in Hitler’s homeland of Austria. Please feel free to do just that.


Norman Scarth forced to seek asylum in Hitler’s Homeland!!!!!!!!!

February 28, 2012

World War II veteran Norman Scarth served on the Arctic Russian Convoys & in the Scharnhorst battle. Few of those men are left now, & the nation PURPORTS to regard them as ‘Heroes’ (though he never makes that claim). He was proud to be British until the age of 70, when he started to learn that Britain was not the land for which he thought he was fighting all those years ago. In particular, he leaned that corruption is rampant in the British courts. In memory of all those who had died around him in WW2, he could not turn his back & made it his mission in life to expose the corruption. It has proved to be a very dangerous mission: The Judicial Mafia do not LIKE being exposed, & have given their police boot boys carte blanche to do whatevr they can to silence him. In collusion, they have used treachery beyond belief. Norman Scarth has been forced to flee the country & is hoping to gain asylum in Hitler’s Homeland, Austria! he has had enough after more than 15 years of persecution which became serious after 1997 when he stood for Parliament & published the book, ‘Cause for Concern’. It became life-threatening after his single-handed success in the European court of Human Rights brought a vital change in British law, a change much hated by lawyers & judges. He would now like to live what few months or years are left to him without the constant fear of the last 15 years in Quisling ruled Britain. On 23rd February he was due to appear in Manchester City Magistrates’ Court on another malicious charge, but by that time had fled the country, saying they will have to proceed in his absence. He has lodged a Statutory Declaration with the court, statingdavid, inter alia, that Quisling Laws & Quisling Courts have no authority in Britain, & says to whoever is presiding, “Do your worst – & nobody knows better than me how evil that worst can be! ‘Perfidious Albion’ was never more so than now!”

STOP PRESS: It is understood the judge who presided refused to proceed with the case in his absence, & has ordered the arrest of this 86 year old Arctic Convoy Hero, & that if caught he must not be given bail. We presume he has alerted Interpol? And the ‘crime’ committed by this World war II veteran? Offering leaflets!!! Will the British People ever wake up to the savagery of the State they live in? It is beginning to look most unlikely.

http://www.WeAreChangeManchester.com

http://www.WeAreChangeLeeds.com

http://www.facebook.com/wearechangeuk

http://www.youtube.com/NormanScarth (Norman Scarth’s Youtube Channel)

http://www.youtube.com/v964269 (Keith Dewsnup’s Youtube Channel)


Prisoner A19O3CF Norman Scarth — Free and Fighting Back!

October 3, 2011

Norman Scarth was jailed on the 26th July 2011 for the ridiculous offence of turning on a small recording device in court. He turned on this device because he didn’t trust the proceedings that were taking place in a court he believes to be corrupt and immoral.

After a vigorous campaign by his friends and supporters, Norman was released on the 9th of September 2011.

On the 27th of September 2011 Norman’s friends and supporters gathered at the Victoria Hotel in Leeds to listen to his story of political activism, his treatment in prison and his hopes and plans for the near future.

http://www.NormanScarth.blogspot.com

http://www.WeAreChangeLeeds.com

http://www.WeAreChangeManchester.com


Solidarity from Salford

September 17, 2011

source:http://www.youtube.com/user/v964269

FREE NORMAN SCARTH was a campaign setup via social networking to…………FREE NORMAN SCARTH!
People were encouraged to use a picture of Norman Scarth as their profile picture on Facebook, and there were several groups and events setup whilst he was in prison.
I attended the protest outside H.M.P Leeds on 13th August 2011, with some friends and made a video from that day also which is on this same channel 😉
For his hearing at the Royal Courts in London on 25th August I was unable to show solidarity in London and again via social networking (I setup an event called FREE NORMAN SCARTH WEEK 19th – 26th August. Which was pulled by Facebook ironically) we suggested that those who couldn’t make the journey to London? Should stage a protest at their local magistrates courts and upload any pics and vids to Facebook, which we did after our protest outside Salford magistrates Courts. I also have another video on this channel from that day too 😉
We didn’t get the verdict we wanted on 25th August so an appeal hearing was arranged for 9th September 2011. Again I was unable to show solidarity in London, and the optomist in me said he would be released this time! So I thought, where better to be than in Leeds to welcome Norman Scarth back into freedom!
And that’s exactly what we did! 🙂 😀
Norman Scarth is an 85 year old WWII Veteran who was serving a 6 month sentence in H.M.P Leeds for making an audio recording in court.
Norman served on H.M.S Matchless on the arctic convoys (regarded as some of the most dangerous missions of WWII) and for that reason his story was picked up by Russia Today (nice work RT as usual) The same cannot be said for our mainstream media, who failed to pickup this story in either the press or Television, apart from Look North who showed a 2 minute clip on the day.
Norman Scarth is a living legend and in his own words:-
” I fought the Nazis 67 years ago. And I’m still fighting the Nazis today!!”
Norman Scarth has various videos on YouTube and also has his own blog which I am sure will be getting updated very soon and should be well worth a read and should also have a fair few more subscribers after what has gone on!
Normans story is an amazing one, but it is I am afraid only the tip of the iceberg! But this iceberg is going to sink the “justice system” around the World!
All that remains for me to say is….it was a pleasure to be involved in the FREE NORMAN SCARTH Campaign. It was an honour to be among the small group of people outside Armley Jail when Norman was released.
But the icing on the cake was being one of only 5 people who celebrated Normans release with him with a slapup meal, of which I am pleased, proud and priveledged to have been there.
Norman Scarth,,,,,,,,,,,,,we love you!


Norman scarth updated & corrected

September 7, 2011

85 yr old WW2 veteran Norman Scarth is serving a 6 month sentence for audio recording a trial after being refused an audio loop for the hard of hearing.

He is up for Appeal on Friday 9th September in Court 5 at 10:30am in the Royal Courts of Justice on the Strand in London, please show your support by attending on the day, bring banners and placards, cameras and positive energy.


%d bloggers like this: