Appealing two High Court Orders on Case against Kent Police and Codefendants
The following correspondence took place on the Case reported here: https://shantanup.wordpress.com/2017/06/15/prevarications-and-machinations-at-the-high-court/.
(a)
Appealing a High Court Order (6) Shan Panigrahi To Jenkins David (Appeal Court) 13 Sep 2017 at 11:08 To Mr David Jenkins High Court Appeals
1. Thank you for your letter dated 11 September 2017 sent in the post concerning ‘Re:PANIGRAHI (APP) V KENT POLICE (RES).
2. The Appellants Notice was, as it turned out, submitted erroneously by email to the Civil Appeals Registry for the Court of Appeal to consider, as shown below. This was diverted to High Courts Appeals, and I expected therefore that it would have reached your office on 9 September 2017. This is why I requested an update. Please let me know if I need to submit an official Appellant’s Notice Form to confirm the contents of this Notice.
Yours sincerely
Dr Shantanu Panigrahi
On Saturday, 9 September 2017, 9:11, Civil Appeals – Registry wrote:
Dear Sir/Madam,
Thank you for your email, I can confirm that a Master’s Order cannot be appealed to the Court of Appeal (Civil Division). I would advise contacting David Jenkins in the High Court Appeals Office on Monday morning on 0207 947 7354.
He will be able to provide you with the guidance And information required.
Kind Regards
John Hebden Registry Staff Manager Civil Appeals Office Room E307 RCJ Strand London WC2A 2LL
________________________________________ From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 08 September 2017 20:13 To: Civil Appeals – Registry Cc: michael.parker@bankskelly.co.uk Subject: Fw: Appealing a High Court Order
To The Court of Appeal
Dear Sir,
1. As seemingly directed by the Queens Bench Division of the High Court, I am writing to you to complete the formalities for appealing the 16 June 2017 dated Order of Master Eastman and the subsequent Order dated 31 Aug 2017 from Master Eastman that I received today on return home from holidays from 4 September 2017-8 September 2017. It would appear that the 31 August 2017 dated Order was either withheld from me earlier or it was pre-dated after taking into account my submission to the Court that I was now appealing the Order in accordance with the evidence highlighted of prevarications and machinations in the processing of this Claim by High Court officials, in particular with the Application to set aside the Order. You should also note that my prospective Law Firm BanksKellys has not responded positively to my request for legal assistance for this Appeal, apparently manipulated by the State. The State has therefore deliberately enforced the requirement upon me to pursue my Appeal myself with whatever knowledge that I have of the procedures that are applicable. The Legal Ombudsman is similarly prevaricating according to an email dated 5 September 2017 that I received today to investigate my complaing against Slater and Gordon lawyers.
2. You will note in particular that the 31 August 2017 dated Order states that the Application has been made out of time. This is factually incorrect as the Appeal was lodged the moment I received that Order and any delays caused was entirely due to the prevarications and machinations by the Court officials. Further, the Order states that there are no grounds for setting aside the Order of 16.06.17. This too is factually incorrect as the Court File will show (I can resend the respective emails) with Master Eastman continuing to ignore that there are five defendants to the Claim, not one.
3. Further, I am surprised to receive this email from the High Court when it was made patently clear to the authorities there that according to you a Master’s Order cannot be appealed to the Civil Appeals Office for the Court of Appeal. Please bear this in mind in reconsidering my Appeal.
4. Please therefore send me the necessary Forms for submitting this Appeal and let me know that Court Fee that is payable.
Yours sincerely
Dr Shantanu Panigrahi 3 Hoath Lane Wigmore Gillingham Kent ME8 0SL
On Monday, 4 September 2017, 9:44, QBMastersListing wrote:
Dear Sirs
You will need to direct your query to the court of appeal
Regards
Fareeha Ayyaz QB Masters Listing
Queen’s Bench Division I HMCTS I Royal Courts of Justice I Strand, London I WC2A 2 LL
Phone: 020 7947 7772
________________________________________ From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 01 September 2017 12:10 To: niallkelly@bankskelly.co.uk Cc: QBMastersListing Subject: Appealing a High Court Order
To Banks Kelly, Banks Kelly Solicitors Type: Recognised body law practice SRA ID: 539814 SRA Regulated Tel: 020 7248 4231 Email: niallkelly@bankskelly.co.uk hide Web: http://www.bankskelly.com Head office Address: 1 King Street, London , EC2V 8AU , England View in Google Maps DX 42600 CHEAPSIDE
Dear Sir
1. I need to appeal a High Court Order – please see attached scanned Order dated 16 June 2017 issued by the Queens Bench Division of the High Court. Of course there is a lot of background material that you would need to be made familiar with and you may consider your Fees in light of that material which I will provide as quickly as you consider it appropriate.
2. I should add that I had applied on 1 August 2017 to the Queens Bench Division for an Order to set aside this Order and had completed all the formalities but have not been informed of the outcome of that application.
3. Because I am aware that Appeals of Court Orders have time limits that are applicable, your immediate attention would therefore be most desirable.
4. Please let me know today if in principle Banks Kelly Solicitiors would be prepared to consider undertaking this work and provide this service on my behalf, so that if you are unable for any reason, I may approach another Law Firm.
5. I am copying this email to the Court for its information on my intentions.
Thank you
Yours sincerely
Dr Shantanu Panigrahi 3 Hoath Lane Wigmore Gillingham Kent ME8 0SL Tel: 01634 379604
(b)
Court Fee payable for Appeal with Hearing: Your Ref: CORRESPONDENCE/DJ Shan Panigrahi To Jenkins David (Appeal Court) CC Nadia Hussain 13 Sep 2017 at 12:40
To Mr D Jenkins Appeals Office HM Courts and Tribunals Service The Royal Courts of Justice Group High Courts of Justice Strand London WC2A 2LL
Re: PANIGRAHI (APP) v KENT POLICE (RES)
Dear Sir
1. I refer to your letter dated 11 September 2017 concerning the Fee that is payable by me for this Appeal.
2. You state in this letter that the fee for issuing an Appellants Notice is £240, but it would appear that this amount does not take into account the Hearing Fee that is also necessary in this processing of this Case. Please therefore confirm to me the total amount that I need to pay.
3. Please also confirm whether the Fee payable by me is or is not this is covered by the 100 per cent Fee Remission that was granted to me to process the primary Claim under Claim No HQ17X01773. In this regard I am now receiving £899.17 per month as my Teacher’s pension and I used the lump sum that I received in pension to pay off my financial debts to my wife for 18 years of living as a parasite on her so that once again I can claim my share of the possession of our house. I am still unemployed. All other financial circumstances remain the same. I am therefore copying this email to the Fees Office for action to reconsider Fee Remission as necessary.
Yours sincerely
Dr Shantanu Panigrahi 3 Hoath Lane Wigmore Gillingham Kent ME8 0SL
Reply Reply to All Forward More
22 September 2017 Update:
I received the following two letters (a and b) on 16 September 2017 in the post:
From:
HM Courts and Tribunals Service
The Royal Courts of Justice Group
High Courts Appeals Office
Room WG08
Royal Courts of Justice
Strand
London
WC2A 2LL
T 020 7947 7354
F 020 7947 67246724
Our ref: CORRESPONDENCE/DJ
13 September 2017
To Dr S Panigrahi
3 Hoath Lane
Wigmore
Gillingham
Kent ME8 0SL
(a)
Dear Sir/Madam
Re:PANIGRAHI(APP) V KENT POLICE (RES)
Thank you for your email dated 13 September 2017.
This office has not received any papers from the Civil Appeals Office.
If you seek to appeal an order made by a Queens Bench Master you should file in this office three copies of your Appellants Notice, three copies of your grounds of appeal, a copy of the order being appealed and the issue fee of £240.
Please quote the above reference on any future correspondence.
Yours faithfully
D Jenkins
Appeals Office
(b)
Dear Sir/Madam
Re: PANIGRAHI(APP) v KENT POLICE (RES)
Thank you for your email dated 13 September 2017.
The fee of £240 is the fee for filing your Appellants Notice, a hearing fee is not required for processing your Appellants Notice.
The fee remission that was granted to you to process the primary claim does not cover the fee for filing your Appellants Notice so you will need to file a new Fee Remission request.
Yours faithfully
D Jenkins
Appeals Office
Comment: The official Appellants Notice Form requires me to provide information on Permission to Appeal. I have written to the High Court today requesting a decision on whether permission to appeal is essential in this Case, and if so the result of this application from Master Eastman and Mr David Jenkins as appropriate.
29 September 2017 Update: