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DISTRICT JUDGE R. N. HILL
I attended Hull Court on October 7, for what I hoped would be the hearing
for summary judgement to be entered against Mrs. West, for an order requiring
her to serve a real 'DEFENCE, and I was not surprised when Judge Hill elected
to hear the Defendants' later
application, to strike out my Statement of Claim, in preference to
hearing my application.
The District Judge refused to allow me to read off my submissions in opposition to the Defendants' application for the Statement of Claim to be struck out and whatever else I may have expected, it was not that: so much for justice.
The hearing took approximately twenty minutes and I certainly believe that the Judge must have decided in advance that he was going to strike out the action, come what may and that he did not want me to put a spoke in his wheel, by allowing me to oppose the application. He must have known that my submissions would be unanswerable. It is and was, so obvious, that the Statement of Claim disclosed a well proven cause of action and that fact, he knew, beyond any doubt. He must have known that he was going to strike out the action on a patently false ground and he wanted no argument from me.
As I stood to leave the room, he advised me to drop it and my reply to him was that it would be dropped over my dead body and I was very surprised when he replied by telling me that I would end up in hospital before that happened. Upon my request to him: to explain his meaning, he told me that I knew what he meant. His refusal to explain his meaning led me to believe that it may well have been a veiled threat, or some kind of warning of possible physical violence towards me, if I pursued the matter.
I left the Court Centre in an angry frame of mind and I did intend to
pursue the matter. On December 10, of this year: 1998, my appeal against
his unlawful order was heard by Mr. Justice Moses, at Sheffield Crown Court
Centre, when that gentleman rapidly dismissed my appeal, thereby wrongfully
holding that District Judge Hill was correct in striking out the action,
as disclosing no cause.
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Mr. J.Swales
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