Can i be made in contempt of court if i mention the claimant's criminal conviction in my statement of case?
Contempt of court
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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
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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.
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Originally posted by dslippy View PostBest ignore post #3.
We might normally ask if he was talking about the law of England and Wales, but that seems unncessary.
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.
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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
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Originally posted by atticus View PostHave you fallen into the Freeman rabbit hole?
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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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Originally posted by islandgirl View PostWhen 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.
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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Originally posted by islandgirl View Postas 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!
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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
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