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Application For Mandamus to High Court taken by Family Court Judge it was against

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  • Application For Mandamus to High Court taken by Family Court Judge it was against

    What would process geeks advise in the following scenario?

    Amended petition (should have been auto issued) sat on for months by a Family Court.
    Chases by me gaslighted.
    Finally, returned 'amendments underlined in wrong colour' months later
    Not first amendment, and advice sought previously at same court - 'underline colour doesn't matter, just make it clear'. All case law backs this up. It's in the FPR as one way to mark changes, not the only way.

    As this was such an obstructive set of actions by the Family Court, I sent an Order Of Mandamus Application in addressed to the High Court at the same location.

    That application was inappropriately filed in the same Family Court case the Family Court were named as Respondents on. And the paperwork was also sent back to me (for the first time in several years) with incorrect questioning of my Help with Fees fee waiver application (this happened twice).

    I sent a letter and email to the same court, spelling out this was a High Court Application. And RESENT a third time. This time I was sent an in-depth interrogation of my help with fees form, again for no good reason whatsoever.

    I found out the following after issue of an Order from the County Court:

    1. This time the County Court seised it, then sent it to the Family Court 'for advice' because there was a family Court reference number within the application (obviously - I was suing them about that case! and I also served the Family Court personally on each occasion).
    2. the Family Court interacted this third time, by getting the advice of a senior judge who had also acted in the Family Case, and had a live rescission application against him. He sent it to a DJ 'for review' That DJ was case manager for the case I was suing the Family Court on.

    That DJ then sat in the County Court and issued a County Court Order against me. Striking me out. There was a reference to some CPR (a Part * reference) which had nothing to do with Mandamus.
    My understanding is he should not have come within a million miles of this application.

    Also material - in a weird way - the application was sent to the same court location but that court is NOT an Administrative Center for the High Court. The application should simply have been sent back to me. My error, but would have been an easy one to correct.

    This sounds unbelievable, but its true - I then sent this simple set of mishandlings to a JR. But the JR judge didnt grasp that this was Pre Issue, and focussed on my filling the application in on an N244 - for ongoing issues (there is case law rendering this obsolete, the application was well formed, and complete).

    I wrote a leave to appeal against the JR rejection, but did not realise it was only 1 week. (ex president Mumby effectively covered all of this in his March 2018 speech - Litigants in Person will never grasp all these impossible rules, even lawyers dont use them, and Judges must stop making law).

    My issue here is do I have a remedy to what appears to me to be some very serious issues?

    I am thinking I only have the option of Lord Chancellor/Judicial complaint?

    what should have happened - first application should have been posted back to me marked 'send to an Admin center'
    What happened - effective co-respondent to application made an order in an inferior court without my being notified of any process.
    Last edited by Twiga; 26th January 2019, 19:20:PM.

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