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Objection sent to her on February 16 1998
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
of
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.
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.