QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE JACKSON
|HER MAJESTY'S ATTORNEY GENERAL||(CLAIMANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Defendant did not appear and was not represented
Crown Copyright ©
1. Complaints about the failure of the Legal Services Commission to advance community funding to him. The Legal Services Commission made an order in 2001 that no further application would be accepted from Mr Purvis for a period of 5 years, because his conduct had been abusive of the community - funding provisions. Mr Purvis has on a number occasions said he intends to seek judicial review of that order. He has not done so. The order was of course an extreme one. We have no doubt that the Legal Services Commission would not have made it unless they had grounds for having the very gravest concern about Mr Purvis' calls one of public funds.
2. He complains that he has not received notice of this hearing. We are not prepared to act on that assertion. First of all, even if he did not receive the original notice he is well aware now of the hearing. Secondly, he appeared before this Court, presided over by Lady Justice Hale, on 12th March 2003, on which occasion the Court not only indicated that the matter would have to be heard sooner rather than later, so Mr Purvis was in a position where he needed to get on and make such preparation as he could do so; but also various orders were made, including that Mr Purvis should file evidence, in so far as he wished to rely on it, within a short period of time. Mr Purvis has made no attempt whatsoever to comply with that order, so even if he were here today, it is more likely than not that the court will not be prepared to hear him.
3. He complains that various papers and documents are held either by his trustee in bankruptcy or by the police, having been seized for various purposes which Mr Purvis does not specify. Mr Purvis gives no indication at all of what there is or might be in those documents that would assist him in meeting this claim by the Attorney-General, nor does he appear to have given any such indication to this Court when he appeared before it on 16th March.
"This is a serious allegation to level against the teachers. No particulars are given as to what has been said, when or to whom. This amended statement of claim suffers from similar defects to that of the original statement of the claim. It is hopelessly vague, it is not a document to which the defendants can properly plead."
As I have said the judge struck out those proceedings. Mr Purvis took his leave of His Honour Judge Weeks QC at the end of the proceedings in the following words:
"Yes, well you would always do. Absolute rubbish you are. I will see the end of you long before the end of me. You think you are protected. Just think about it very, very hard."
"From acting as a Litigation Friend or McKenzie Friend or from nominating members of his family to act on his behalf in any proceedings whatsoever pending the hearing of the substantive application."
There is significant evidence before the Court, summarised in the affidavit of Mr Holder, dated 26th February 2003, to which I have already referred, that indicates that Mr Purvis has not obeyed that injunction. I have already drawn attention to his litigious activity in 2002, and do not go back over that; but there is ample evidence, not just from statements but from actual court orders and from testimony by court officers including the Clerk of the Magistrates' Court in Cornwall that Mr Purvis has indeed acted on behalf of other people in a litigious role. This has three implications. First, as I have already said, it casts doubt about his medical claims and certainly requires them to be fully verified. The second is that Mr Purvis appears not to be prepared to obey orders of the court, a matter that although not directly relevant to his vexatious conduct is certainly a illuminating background to it. Thirdly, it is clearly necessary to maintain the order made by Pill LJ presiding in this Court on 16th October 2001. As I said, the case is plainly made out; there can be no defence to it.