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IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
KINGSTON UPON HULL DISTRICT REGISTRY
B E T W EE N
JAMES FREDERICK
HULBERT..............................................................................................Plaintiff
and
JUDGE A. SIMPSON............................................................................First
Defendant
and
SHEILA MARGARET WEST................................................................Second
Defendant
NOTICE OBJECTION TO MRS. JUSTICE SMITH
TAKE NOTICE that I, JAMES FREDERICK HULBERT, the above named
Plaintiff,
object to Mrs. Justice Smith, either presiding at my appeal hearing,
against the transfer
of taxation proceedings, or making any directions, relating to the
conduct of it. I also
object to her providing a case summary, or any confidential document,
or having any oral
discussion, relating to it, with the presiding Judge, on the ground
that on 12 November,
she obstructed the course of justice, by dismissing my appeal, against
the order made by
District Judge Weston who struck out my claim, against a Circuit Judge,
as disclosing
no reasonable cause of action.
PARTICULARS
i) On the 22, May 1996, my appeal against DISTRICT JUDGE WESTON'S Order
came
before Mrs. Justice Smith, at the Combined Court Centre, in Leeds,
where she ruled
that the Statement of Claim plainly disclosed an alleged cause of action,
which obvious
fact, was immediately agreed by Counsel for the Defendants' and at
that point, it became
clear to her (note - and to everyone in Court) that my appeal was completely
justified,
(note - my appeal was against the order, that there was no reasonable
cause of action)
because the striking out of my claim, on the ground. that it discloses
no reasonable cause
of action, is determined upon the examination of the Statement of Claim,
without
recourse to examination of the evidence, but despite her having ruled
against District
Judge Weston's ground, for striking out the action, she did not allow
my appeal, but
suggested to Counsel, for the Defendants', that if the 2nd Defendant
were to produce
evidence, she would then be able to say, that the claim was scandalous,
frivolous and
vexatious, which would not, in any event, have validated District Judge
Weston's order
for striking out the action: appealed against. She subsequently adjourned
the hearing, to
allow the Second Defendant to produce her original shorthand books.
[Note - the official certified transcript of that hearing is at URL:
http://www.100megsfree.com/sonny
ii) That on 12, November 1996, the 2nd Defendant produced her
books, which, upon
examination, revealed that they had been tampered with and have pages
missing and
Mrs. Justice Smith could not strike out the claim on the basis that
it was scandalous etc:
as she had wanted and as she had suggested to Counsel, but being determined
that
justice would be obstructed, for the protection of the Circuit Judge,
she dismissed my
appeal and despite her own earlier ruling and Counsel's admission,
the order of District
Judge Weston: striking out the claim as disclosing no reasonable cause
of action,
remains, as if valid, on the Court record.
iii) Mrs. Justice Smith dismissed my appeal against the order
made by District Judge
Weston knowing his ground to be patently false and the reason for her
feeling obliged to
do so, was that she knows, and knew, beyond any doubt, that the evidence
of the original
shorthand books that she wanted to be produced to be able to say that
the claim is
scandalous etc. had backfired, so she resorted to relying on District
Judge Weston's
plainly false reason, which she had already ruled to be false, by dismissing
my appeal.
iv) Mrs. Justice Smith, by dismissing my appeal, has in fact,
(albeit dishonestly)
indirectly ruled that conspiracy to pervert the course of justice,
by fabricating evidence
given: purportedly by witnesses out of a criminal trial, is not a reasonable
cause of action
and that is quite outrageous.
v) On 22 May, Mrs. Justice Smith said: "It should never appear,
in any sense, that a
Judge is anxious to dispose of an action against another Judge." And:
It must never be
asserted that any of us, (judiciary) have indulged in any sort of protection
of colleagues,
however eminent they may be." Although she made those two principles
statements, it is
manifest that she was anxious and did dispose of the action, against
Judge Simpson. I
have no hesitation in asserting that she has indulged in the protection
of a colleague, and
that is lamentable: after her fine words.
vi) Mrs. Justice Smith must have deliberately involved herself
in the obstruction of
justice, because a proven cause of action: corruption, that remains
struck out as not
being a reasonable cause of action, is contradictory and nonsensical,
but the reason for it
being nonsensical makes perfect sense, when it is realized, that justice
has been
obstructed, for the protection of a Circuit Judge,
The above grounds for the objection are submitted to Mrs. Justice Smith
and to the
Court, to disclose that I have no faith in her integrity, or her capability
to keep an open
mind and I further submit that the only chance that I have to obtain
the relief sought,
after her outrageous conduct, is for her to have absolutely no further
involvement with
my appeal, or with the case, in her judicial capacity as a Judge.
I further submit, as a ground for my objection, that Mrs. Justice Smith's
conduct may
well have damaged my credibility; caused me loss and has certainly
caused distress and
anxiety to myself and to my family.
Further, I am unable to say, at this time, that Mr. Huebner: the Chief
Executive of the
Court Services, played any part in Mrs. Justice Smith's clear disregard
for justice.
Further, I wish Mrs. Justice Smith to know that the only pleasure that
I derive from this
affair, is in the knowledge that I am a better principled; more courageous
and forthright
person that she and she will know that to her grave.
TO - Mrs. Justice Smith, FROM - J. F. Hulbert,
Kingston Upon Hull.
C/O Mr. Donner,
Civil Listing Officer,
The Law Courts,
50 West Bar,
Sheffield, S3 8PH.
NOTE - Mrs. Justice Smith's secretary has confirmed, in writing, that
this objection, was
passed on to Mrs. Justice Smith.
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To Mrs. West
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index
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