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Contempt of court

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  • Contempt of court

    Can i be made in contempt of court if i mention the claimant's criminal conviction in my statement of case?
    Tags: None

  • #2
    Have you been oredered by a court not to?

    I am struggling to see how any question of contempt of court might arise. Are you able to say more about what is behind the question?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      For there to be a contempt of court, there has to be an injured party. The injured party would have to formally log the concern and await 'a period of time' for the concern to be investigated and the injured party to receive a response and outcome.

      As far as I know, lawfully, when a judge presides and states to one that 'you are in contempt of this court' - it's a rouse, as the court cannot be injured, yes a court would then instruct the bailiffs to arrest or detain one, but, it's not lawful, and the bailiffs cannot be held responsible, as they do not know any better, they see it as their manager giving them an instruction to carry out.

      Stating that one is in contempt against another (the other side in a court case) - I've never seen this, as it would be explicitly on the injured party to raise it, not anyone else or thing, not even a judge, as that would be biased - unless previously instructed by the court not to mention something (which would have been given to both sides of the court case), and for that to happen there would have to be a prior agreement in place, which one should know about.

      Merely a judge saying something is a moot point, and is regarded as implied agreement unless you disagreed, and that disagreement would have to be given explicitly.

      Comment


      • #4
        Best ignore post #3.

        We might normally ask if he was talking about the law of England and Wales, but that seems unncessary.

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        • #5
          Originally posted by dslippy View Post
          Best ignore post #3.

          We might normally ask if he was talking about the law of England and Wales, but that seems unncessary.
          I'm no expert, but from a quick google and the various you-tube on 'judges claiming contempt of court' .. may I ask what the standing is then? as I know the difference between what is legal to what is lawful, and how courts work, the theatre that is the court room, which is all about obtaining and maintaining the highest rank in the court room, the authority. Where many have successfully challenged presiding judges on their jurisdiction to preside and therefore claims of contempt of court.

          Yes it's not a common standing or that many understand (I certainly do not know the mechanics), but the facts remain - there's a lot online for and against such argument.

          As the forum is based on such under legislation, I will keep stum in the future.

          Comment


          • #6
            Have you fallen into the Freeman rabbit hole?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              Have you fallen into the Freeman rabbit hole?
              I'm trying not to, and for as much as it's interesting and I can see how stuff works with more clarity from that angle, I'm yet to take the plunge on the understanding that having studied contract law myself I now see how Governments work and our commerce system interacts clearly, and that talking out of kilter will only raise an eye brow. I am aware our society works in legislation, and that's the premise of this forum, so, for that reason I will refrain from touching on common law, even though our lives and interaction are based on legal and lawful touch points.

              Comment


              • #8
                When you read the phrase "Where many have successfully challenged presiding judges on their jurisdiction to preside and therefore claims of contempt of court." you can be pretty sure that the author has fallen down the Freeman on the Land / Common Law rabbit hole. As someone who spends a lot of time in court and has spoken to Legal Advisors etc on this matter, anyone spouting this stuff is sent up to a senior District Judge who demolishes their arguments and ignores their nonsense. The stuff you see on the internet is posted to convince but does not happen in real life.

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                • #9
                  Originally posted by islandgirl View Post
                  When you read the phrase "Where many have successfully challenged presiding judges on their jurisdiction to preside and therefore claims of contempt of court." you can be pretty sure that the author has fallen down the Freeman on the Land / Common Law rabbit hole. As someone who spends a lot of time in court and has spoken to Legal Advisors etc on this matter, anyone spouting this stuff is sent up to a senior District Judge who demolishes their arguments and ignores their nonsense. The stuff you see on the internet is posted to convince but does not happen in real life.
                  I beg to differ having been in court myself and witnessed the so called 'common law' angle, and the guy literally dismissed his case as the judge walked out, abandoned the court (ship) I recall someone stating.

                  Now having studied contract law, this as one can imagine, peeked my interest in Common Law, of which there is a Common Law Bench in the highest court of the land may I add, and yet to witness someone using Common Law with confidence in court, first hand, the 'it doesn't exist' standing falls on it's head, when Common Law (freeman angle what ever one wants to call it) is used with profound affect.

                  May I add, I'm not here to argue the point, I just look upon it as another route in this so called society we've made for ourselves.

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                  • #10
                    as the legal advisor rescheduled the hearing for a day when the judge did not have to listen to this - he probably walked out as he had better things to do than listen to that stuff! You can believe what you wish, just don't say you haven't been warned!

                    Comment


                    • #11
                      Originally posted by islandgirl View Post
                      as the legal advisor rescheduled the hearing for a day when the judge did not have to listen to this - he probably walked out as he had better things to do than listen to that stuff! You can believe what you wish, just don't say you haven't been warned!
                      agreed, and I do take that warning, as I've also encountered a thread on another forum where someone used the common law angle and was subsequently detained for psychological evaluation in their capacity to attend court - damn scary stuff!!

                      Comment


                      • #12
                        I keep wanting to join in but the OP has lost his marbles, and I will not be able to find them for him.

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                        • #13
                          I take it that the answer to this question is unequivocally, no

                          Comment


                          • #14
                            What is your interest in Info_needed's question, CPR88? You might instead take it that those who have previously posted had nothing else to say to this OP.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment

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