6.2.07

Day 88 (week 19): Vexatious

Today is litigant-in-person day once again. Let’s call him Vexatious for today’s purposes. Kind of a Groundhog Day in that it felt much the same as the last hearing in Bromley. Once again, avoided anything but the briefest of unpleasantries and then we were straight into court. The judge took control from the very start. He was clearly more prepared for Vexatious than the last time and gave him short shrift on his initial application for an adjournment and then for permission to appeal.

It was then time for Vexatious to present his case. He started by reeling off a summary which looked set to take the rest of the day. The judge cut him short and asked him if he had any witnesses.
“Only myself.”
“Well perhaps you would be kind enough as to direct yourself to the witness box then, Mr [Vexatious].”
“Yes, my Lord.”
“Your Honour.”
“Yes, my Lord, whatever you want to call me.”
“No, my name is Your Honour.”
“Sorry, Your Honour, My Lord.”
“Would you now like to take the oath.”
“No.”
“Why not.”
“Because I don’t believe in this oppressive system of so-called justice and therefore I will not swear any oath of allegiance to it or anyone associated with it.”
“It’s just an oath to tell the truth.”
“Oh.”
“So, repeat the words on the card in front of you.”

And so it went on all morning. He told us all about how the Council had it in for him and had been picking on him ever since he highlighted their error. He then went on to talk about the stress and injury which he had suffered. The judge then asked him:
“Do you have any medical evidence to support your claim in this respect?”
“Yes, Your Lord. I have a photocopy here from a medical textbook from the library. It shows that stress can cause all sorts of illnesses.”
“And do you have any evidence to show that you have any of these illnesses?”
“Yes. I have this textbook, Your Lord.”
“I see.”

It was what the Americans might call a slam dunk for the Boss. He just sat tight and didn’t say a word. The Judge clearly had the points and was going to do the work for him. Eventually, the Judge summarised Vexatious’ case far more articulately than Vexatious himself had been putting it and then said,
“Am I correct that that is your case?”
Somewhat dumbfounded, Vexatious said, “Yes, Your Lord.”

The Judge then turned to the Boss and said, “Well, it’s twelve thirty. Perhaps we can start again at two pm.”

After lunch everyone trekked back into court and the Judge said to the Boss,
“Do you have an application to make to me?”
“Yes, Your Honour. I would ask that the claim be dismissed at this stage as the Claimant has failed to prove his loss as a matter of evidence. In these circumstances there is no need to investigate the full factual dispute.”
“Thank you. Mr [Vexatious], do you have anything to say in response to this application?”
“This is an abuse. It is not why I came here today. I came to show the Council a bit of justice and just because they can afford some clever London barrister they think they can get away with murder.”
“Thank you Mr [Vexatious]. I shall now give my judgment on this application.”

He then went on to dismiss the case at half time and left costs to be assessed at a later date. Tragically for Vexatious these will now amount to over £25,000 for which he personally will be liable. A very sad case on all accounts.

No comments: