Private Prosecution Refused how to appeal decision

[Rongo]

I applied for Private Prosecution Summons Judge in Magistrates court refused stating no evidence, but there is. His main theme was "why did the person do it?"', which when you get arrested the Police don't ask you "why", they state what they are charging you with. Why is not the issue. I have documents that show what he did and that having concealed his forgery/fraud he then signed a Document informing the Lender he had carried out the Searches, knowing full well he had used a different Plan to obtain Searches with, than the one he actually Registered on Completion. So what form is required and what/who do you apply to and for. Thank you in advance.

[des8]

motive does not need to be proved for a successful criminal prosecution.
However are you sure he was not asking why you wanted to bring the action?
If it was believed you wanted to bring the prosecution for an oblique motive, the application could well be refused

I believe you might have to apply for a judicial review of the decision

[Rongo]

No. He definitely asked me why I thought he would have done it. I believe because seems so ridiculous that it influenced his decision. If facts put to a Jury, no one would believe when you put evidence together, that he didn't know. The Judge understood we had been told no sewer crossed the property. Fact is when we asked Solicitor to check if (1) was there a sewer (2) what was gate to next property for? The Solicitor asked Vendors the (2nd) question, but not the (1st) Question and also asked for Requisitions on Title in same letter. No other requisitions in File when I received copy. This was seven weeks after obtaining the Searches using the "obviously" different Plan, just building in red, car park not outlined! We didn't think much about him not asking about Sewer as he had answered the Question in phone call and and said as per letter "none according to searches as per letter", (I discovered in 2016 he'd put a notation by my question stating this!) so we believed he'd checked the searches following our inquiry and his phone call 2 days after we asked, by saying "non according to search" which is what he said.

I have already tried to check re judicial review but can't find format for Appealing Refusal Private Prosecution Summons. Conveyancing is really a tick the box matter. Follow the rules and check documents. Well it's very clear to me now is wrong plan as would be to anyone with experience. OS Year date (2002) 4 years adrift. Coordinates on Local Authority Application belong to house in another street. OS licence no: didn't belong to who they paid to supply of OS map! For whatever reason it was totally abnormal Search Application Documents. My belief there was an agreement of some sort, as they must have had trouble selling. So was done deliberately, as in where a group of people say they did something but nothing can be done because it can't be pinned on anyone. We never saw the Correct Plan until 14/11/2006 having completed on 24/07/2006! There was a recent prosecution where Solicitor got 4.5 years Mentioned in Media (Diljit Bachada August 2017) where policeman mention fact of wrong copyright year date! As is a criminal offence. I seem to be banging my head against Brick wall. Thank you for your interest, is appreciated.

[des8]

The application for permission to move for judicial review of a decision in the magistrates court is made by completing Form N461 with supporting statement of truth verifying the facts relied on and lodging the application together with the appropriate fee.

[Rongo]

Thank you very much.

[Rongo]

10 am Civil Hearing on 20/07/2018 day before received at 3.15 PM letter of schedule of costs from defendant. Post always this time day.They Also stated had sent a copy that day to Court that day. At court during hearing Judge brought up question of costs. Their barrister stated "we are not pursuing them at this time", so I interrupted stating as above, had that letter. Judge then said costs can't be had, because too late. Was within 24 hrs. Then he then gave his ruling, got judgement (lost and told can't appeal) NO mention of costs awarded against me. 14/08/2018 (I think that is too long a gap between hearing and the Judgement Order), which also had in it Costs against me!

I contacted court & other lot said their Barrister said "that's not what he recalls!) Have ordered Transcript of whole but I also asked Solicitor to send proof of having notified me electronically at same time as they did to court. They have ignored me.

I understand are supposed to send costs at least 5 working days before. I have now got to pay the costs tomorrow. I think is deliberate as solicitor knows I have no money (well I'll pay these costs, or should I apply to Court today to stay until receive transcript? Surely they are abusing process.
Do I have to ask the Court to make them reveal whether or not email sent to me and what are usual Rules about time line for sending costs letters? In a slight tight corner.

Since documents are clearly wrong, how best to reword my previous application. Judge as I said before asked "why did I think he did it" and he confirmed that he had read the letter from Solicitor that said "was no sewer". The Plan he submitted has coordinates for a house in another street, but has same wrong Plan as one Sewer Searches done on. No mistake !! Report from Water Co states at one point: "is there a sewer within 30mtrs of building, and answer was "SEE PLAN" which solicitor had marked as read. (Like a tick Mark,) as had done to all other answers in report. Plan Shows sewer going through carpark. which I believe he could not have failed to see.

THe Judge was not looking at facts but as member of same profession biased because, it is stupid thing to do, and most people ask why? but then Courts would be empty if that question took over!
I have also decided would be quicker and easier to apply to another Magistrates Court out of the Solicitors area. Rather than Appeal. I understand you now have to reveal fact of previous application. My thought is would it be worth stating about Judge asking me why and also make reference to what Water Report said re "See Plan" etc?

I would welcome any thoughts as to what they are supposed to look at when deciding to allow case to be brought. Thanks in anticipation!

[des8]

You are making an application to the magistrates for a judicial review of the decision not to allow a private prosecution.

The order for costs is a different matter, following losing a civil case (during which you were told costs would not be awarded & the costs schedule had not been submitted in time) costs were in fact awarded against you.
i think only if you are appealing the judgement can you overturn the judges costs order
I doubt you can appeal the costs order on the basis above, as the judge has wide powers in this matter.
The only case I can find which might have a bearing is Begum v Birmingham City Council [2015] EWCA Civ 386 but circumstances completely different.

Tagging jaguarsuk Amethyst

[Rongo]

Good morning. The case is not over. Was a hearing. I received a letter at 3.15pm dated 18/07/2018. Stating they had sent Electronic copy costs same date to Court. The Rules are at least 24 hours clear notice. The Hearing was 20/07/2018. So couldn't possibly whole day clear. Judge asked Barrister what about costs and he stated "we are not pursuing them at present time. When I intervened and said about above, Judge said well you(the other side) Well you can't have them then as within 24 hours! When he gave Judgement he made no mention of costs. Just refused my Applications. We left hearing. 14/08/2018. I received written copy of ruling. Including paying of costs! Was a complete shock! We are jointly paying for copy of Transcript. I have also repeatedly asked for a copy of the "electronic" notification of the costs they should have sent to me, over past week, which should have been sent to me at same time as to Court. He has not provided it. This was his last comment:
"I am not sure why that has happened I am afraid. I have not come across a copy of an email sent to you on 18 July 2018 as matters stand" It is their responsibility and letter to me makes no mention of them sending Electronic copy to me. Just mentions Court, I am in moment writing again, making a Formal Complaint. about it, I believe letter was to put me off. Letter to Judge complied at Court end. Barrister said "costs not being persued at this time", I have said they sent letter too late. Judge gets back to write up and sees Letter of costs from them. He thinks I'm telling lies. He then awards costs, but he can't change his mind like that after ruling given at hearing. I know in the hearing he can make whatever order but not after.
See: Failure to File costs in advance of hearing.
Cross v Black Bull (Doncaster) Limited (Sheffield County Court). 21/12/2017.'

I don't think when their Barrister said "not pursuing costs" they expected me to say anything. It was a ruse. They would say they complied (which is what matters and Barrister would say he'd made a mistake). Hopefully transcript will be ok. Everything I've said re events happened. Lies and fudging get you into trouble.
Thankyou for case reference and your help,will read later.

[des8]

Thanks for clarification and hope transcript settles te question.

[Rongo]

Good morning. The case is not over. Was a hearing. I received a letter at 3.15pm dated 18/07/2018. Stating they had sent Electronic copy costs same date to Court. The Rules are at least 24 hours clear notice. The Hearing was 20/07/2018. So couldn't possibly whole day clear. Judge asked Barrister what about costs and he stated "we are not pursuing them at present time. When I intervened and said about above, Judge said well you(the other side) Well you can't have them then as within 24 hours! When he gave Judgement he made no mention of costs. Just refused my Applications. We left hearing. 14/08/2018. I received written copy of ruling. Including paying of costs! Was a complete shock! We are jointly paying for copy of Transcript. I have also repeatedly asked for a copy of the "electronic" notification of the costs they should have sent to me, over past week, which should have been sent to me at same time as to Court. He has not provided it. This was his last comment:
"I am not sure why that has happened I am afraid. I have not come across a copy of an email sent to you on 18 July 2018 as matters stand" It is their responsibility and letter to me makes no mention of them sending Electronic copy to me. Just mentions Court, I am in moment writing again, making a Formal Complaint. about it, I believe letter was to put me off. Letter to Judge complied at Court end. Barrister said "costs not being persued at this time", I have said they sent letter too late. Judge gets back to write up and sees Letter of costs from them. He thinks I'm telling lies. He then awards costs, but he can't change his mind like that after ruling given at hearing. I know in the hearing he can make whatever order but not after.
See: Failure to File costs in advance of hearing.
Cross v Black Bull (Doncaster) Limited (Sheffield County Court). 21/12/2017.'
I don't think when their Barrister said "not pursuing costs" they expected me to say anything. It was a ruse. They would say they complied (which is what matters and Barrister would say he'd made a mistake). Hopefully transcript will be ok. Everything I've said re events happened. Lies and fudging get you into trouble.
Thankyou for case reference and your help,will read later.

[Rongo]

I have recently discovered Documents relating to my attempt to bring a private prosecution through the Magistrates Court. Magistrate had said, he could see no fraud. Documents I have discovered show that he had made a previous application for searches on a property a month before, on 12/04/2006, (This was same date as contract letter and in it he asked for a cheque to value of the "Undisclosed First search application"). The "second application" has different Total Cost and turn round time is different.(is a "confirmation of searches ordered and costs of same) document. This correlates with cheque value he asked for in same "first application date". I have written to defendant informing him I intend to bring another Civil case for Fraud (civil court refused to let me amend my claim to include fraud (I did not know then about the "First searches he ordered!) have been told I cannot appeal as a second appeal failed, as without merit. I believe with new evidence my best route would be to make fresh application to the Magistrates decision, as out of time to appeal. I felt I needed more evidence, as they all stick up for each other, and this time state is in Public Interest. I cannot afford solicitor, so magistrates would be quickest and easiest. He had never mentioned the previous Searches. No disclosure of it at any time. No documents, as in reports to us, issued to him by Search Report providers. The only searches we were ever notified had been carried out were those on 03/05/2006. He has never disclosed this First application even to the Civil Court, during 3 years of me fighting in Civil Court.
Can I make a new application to the magistrates in light of this new evidence. I now understand I can also state Public Interest as is a solicitor involved?

[des8]

You are allowed to make another application, but the Criminal Procedure Rules (CrimPR7.2(6) require disclosure of any previous such application by the same applicant in respect of any allegation now being made.
If the Magistrates’ Court make inquiries before issuing a summons.it may be decided that the material before the court persuades the Magistrate that it would be wrong to issue a summons then they are entitled to refuse to issue it.

So although you can lay the information before the court there is no certainty that the summons will be issued

[Rongo]

Thank you for your assistance. Noted. I have sent copies of Documents I have discovered to SRA today. They clearly show he made a previous totally undisclosed Search Application. Total costs on each Confirmation Letter correlate to figures in Contract letter. He asked us for a cheque for the same amount in Letter of 12/04/2006 as Searchflow quoted on the Confirmation of Order 12/04/2006. The other Confirmation Document had different Costs, but that is noted on the contract letter, where he scored through the First Costs figure. All the SRA have to do is ask him to obtain the now 2X Search Documents, only (10) and that is easily done. So Thank you for the information. Will wait to see what SRA do. Hopefully will have some good news. It's sad that the bad ones give all the rest a bad name. Thanks again. Much appreciated.

[Rongo]

baz1
I have received email stating you have posted something on my case, but cannot find it? Thanks?

[Rongo]

I applied to Magistrates Court previously for Private Prosecution. It was refused. I have since discovered more evidence,
1) The only Searches, Costs and Reports we were ever informed about or received, were for May 2006. He sent letter in late May confirming all Searches OK and in particular pleased to confirm "no sewers crossed the property". No other mention in this letter of any other Searches he had previously ordered in April 2006 or Reports received back, at any other time. Only mentioned the May Results of Searches.
2) In the Contract Letter, the Cheque Amount he requested us to pay, I now know is not the same as the cost of the Searches he requested to be carried out in May 2006. May 2006 being the only Search Reports we were ever told about.
We never knew there were two sets of Searches and he never asked us to pay this slightly larger (2nd) amount in May 2006. The "Turnaround Time" (10) days for the Local Council Searches is two days less than the April 2006 Searches (12 days) the 'first" Searches we were never told about.
3) I have discovered a document, Confirmation of Searches Ordered and Costs Document for April 2006, same date as the Contract letter. Which shows a "Turnaround time" 0f (12) days for Local Searches. (Good Friday was (2) days after the April 2006 application, as Council never work Bank Holidays.
4) I have discovered his unsigned "annotated copy" of the contract letter. The April 2006 amount is scored through, and above is written the same amount as quoted in the May 2006 Confirmation of costs and Searches ordered.
5) He clearly states in the early April Contract letter, on 2 pages, that the amount quoted is for the Searches, being for Local, Environmental and Drainage Searches. Costs the same as on the Searchflow confirmation of costs and searches ordered for the (concealed April 2006 Search date).
6) He Asked us to sign and return the undersigned (his signature already on it) copy of the Contract letter. Which we did, dated later April 2006. I believe he would have already received the Searches for the April Searchflow Applications by time our contract letter arrived with him.
7) He asked us To send a cheque for the Search Application costs. Which we did. We didn't question the May 2006 report dates as did not see any other application Search Reports or Letter confirming any other Searches made.
8) The Searchflow documents he has repeatedly refused to obtain are the altered ones. Dated May 2006.
9) I now know he also made this previous Search Application in April 2006 and never disclosed it.
10) In mid November 2006 he sent us a file stating as the work done, etc. We never looked at it as we had been in the Property around 4 months. So just put the file aside. It is now obvious he didn't want it in his possession.
11) When I had asked him in June 2006 to check if there was a sewer, he notes in margin of my email, "non according to searches" and also spoke to my husband stating as per Searches, no sewer, so put our minds at ease. We had no reason to suspect anything wrong.
12) He then having used wrong extent of property plan to obtain searches, registered the Correct extent of property plan and signed the Report on Title Document as all being ok. Which of course it wasn't.

Could I make a report to the Insurers Association alleging the concealment of the forgery/fraud from the beginning?

How much proof do the Magistrates require. The Search Application/Confirmation, Costs and Turnaround times all correlate to the same costs for the concealed search application.

Or as the Civil Court has brought in new rules re pre action disclosure etc., would it be easier to apply for a Court Order for the search company as a Third party who holds the information, which could possibly bring to an end the whole Case without a full blown Court Case, now I can show there are (2X Search Application Documents, concealed by him and previously thought to be only one set). Which he has never revealed during pre action Disclosure or since.
The Respondent told the Judge that there were no other documents, so Judge ruled in that case I couldn't have them! Well that is clearly not true either.

I informed the Defendant that it had recently come to my attention that he had applied for Searches in April 2006 and he had never disclosed the fact, or any reports he would have received. He accused me of "fishing". Which as I have evidence with his signature at bottom of costs for a different application, I am clearly not Fishing.

I see that the Supreme Court on 20/03/2019 have ruled that you can apply to have a ruling set aside because of Fraud. Which I believe the evidence now clearly shows. So could that be a possible avenue. What is Application procedure for setting aside a ruling fo that?

I am not expecting "legal advice" just others opinions on possible routes for me to take.

I would be very grateful for any help, as the discovery of the previous application document and concealment of the "first" search requests, actually makes what he did to us/me, (as husband died), even more disgusting and I am now in my 70's again facing homelessness because of this.

Thank you.