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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Sivasubramaniam, R (On The Application Of) v Wandsworth County Court [2001] EWHC Admin 1079 (13th December, 2001)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2001/1079.html
Cite as: [2001] EWHC Admin 1079
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Sivasubramaniam, R (on the Application of v Wandsworth County Court [2001] EWHC Admin 1079 (13th December, 2001)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
| St Albans Crown Court The Court Building St Albans AL1 3JW | ||
B e f o r e :
____________________
The Queen on the application of Markandu Sivasubramaniam Claimant - and - Wandsworth County Court Defendant
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________
(AS APPROVED BY THE COURT)
Crown Copyright ©
- The claimant seeks permission to apply for judicial review of a decision said to be dated the 13th August 2001. During the course of oral argument the claimant accepted that the challenged decision was dated the 2nd August 2001 (page 27 of the bundle). In that letter the Court Service wrote to the claimant in the following terms:
- Although the claimant names the defendant as Unison, the only possible defendant would be the Wandsworth County Court.
- The order which the claimant was seeking can be found in an undated document (page 25-26). That states as follows:
- On the 8th February 2001 the claimant had written to the Court Manager of the Wandsworth County Court. In that letter he referred to the case being “almost in final stage” when his flat was broken into. He then gave details of what he said had happened to him, being details similar to those in the undated document to which I have referred. He wrote that they “demanded me to close all my four court cases” and adds on “Therefore I had to close all my court cases.” I asked the claimant about that. He was unable to give me any further help. That account conflicts with his account that someone had “personated him” to bring the case to an end.
- In a letter dated 26th February the Court Service wrote to the claimant with regard to the letter of the 8th February stating:
- The letter went on:
- On the 9th May the Court Service replied in a letter signed by Miss Nephew:
- By letter dated the 14th May 2001 the claimant said that he had never received an order of 22nd February, he had never been at the hearing and he had never heard about it.
- I have already set out the terms of the letter containing the challenged decision.
- I have considerable doubts as to whether judicial review is an appropriate remedy. I shall assume for the purposes only of argument that the claimant can proceed by way of judicial review. To succeed the claimant would have to show that there was an arguable case that the judge who decided, in effect, that the application to reopen the case failed had made an error of law or reached a conclusion which no reasonable Judge could have reached. There is no such arguable case.
- I note that the claimant suggests that the letter is “fictitious and not valued” because the name of the Judge is not mentioned. Indeed the claimant states that “This acts of court official fraudulent and forgery which are in fact criminal offence.” Whilst accepting that it would have been better if the name of the judge had been revealed, the failure to do so could not arguably result in the decision being quashed. As to the complaint about the failure to draw up a formal court order, that is not something which could arguably lead to the decision being quashed.
- For these reasons this application for permission to apply for judicial review fails.
MR JUSTICE HOOPER:
“Your application dated 25 June 2001 was referred to the Circuit Judge who was unclear as to what you are appealing since this case was dismissed in February 1999. If you wish to pursue a case against Unison then you will have to issue fresh proceedings.Enclosed is your application along with a refund of £50.00.”
“DRAFT FOR SEEKING THE ORDER-On 13th March 1997 judgement made for compensation for negligence against Unison,
-On 28th July 1997 I made application for the amount of compensation of my claims, but during the hearing it was discussed the defendant application to dismiss my claims, but judge dismissed defence and their claims as they committed offence of forgery and perjury which are criminal offence under the criminal law of England. Then my claims was about five years salary.
-While I was in action to obtain my claim, there was an attempt to murder me, a doctor, a social worker and couple of others, I never seen any of them in my life, broken my flat door and entered in to my bed room, as police arrived immediately their plot was spoiled, instead they took me to the Springfield mental hospital and locked me in and put me under compulsory medication which almost cripple me to death, also they demanded me to close all of my court cases which have considerable amount of claims otherwise they would not let me out.
-They kept me under their monitoring till year 2000. Therefore I discontinued the case for the security of my safety and life till May 2001.
-On 4th May 2001 I made application to reopen this case, as a result of this application I received a letter from the court dated 09 May 2001 stating a final order was made on 22nd February 1999 that my claim was dismissed, but I never knew about this hearing, I never made application for this hearing and I was not been to the court for this hearing, also I did not instruct to any body to deal the case.
-Therefore there was someone had personated me with the persuasion of defendant by influencing the court officials.
-As a result of my 04th May 2001 application to reopen the case with the agreement of the court I received a letter from a court official Miss. Nephew stating that my application was dismissed by a circuit judge without even call me for the hearing. If a judgement made by a judge a court order should be drawn and send it to me with the name of the judge instead a letter from the court official. Therefore this letter must be a fictitious and not valued letter. This acts of court official fraudulent and forgery which are in fact criminal offence.
-Also in the past after judgement made in favour of me for my claim and the defence had been dismissed, I received from the court officials a falsified court order altering the original order that my claim been dismissed.
-Under the criminal law of England, personating, falsification, forgery, and deception are criminal offences and the defendants liable for punishment on conviction to imprisonment or fine or both and the victim be compensated.
-Also the sum of my claim beyond the limit for the jurisdiction of county court.
Therefore leave to appeal.”
“According to our records this matter was settled on the 22nd February 1999.”
“Unfortunately this file has been destroyed as the action is over 3 years’ old and the case has been closed. To reopen the case you will have to apply on notice on an N244 Application Form (see enclosed) and pay a fee of £50.00. You will also need to supply any documentation you have regarding this matter.”
“Your application received on 04 May 2001 the Circuit Judge has considered the file and notes that a final order dismissing the claims was made on 22 February 1999, this concluded the proceedings numbered Wt604012 and so you may not issue your proposed application variously dated 3 or 4 May 2001 in these proceedings as the subject matter of your application appears to be the same as the subject matter of the proceedings.”
© 2001 Crown Copyright