Legal Protections In Court

Summary

In England, several legal frameworks ensure fair court proceedings. The Civil Procedure Rules (CPR) Part 1 emphasizes dealing with cases justly and fairly. CPR Part 23 and Practice Direction 23A require proper notice for applications, while CPR Part 3.3 mandates that parties be given an opportunity to be heard before orders are made. The Protection from Harassment Act 1997 addresses harassment, providing remedies like injunctions. If these rules are not followed, consequences may include appeals, setting aside orders, or retrials. For issues like perjury, the Perjury Act 1911 criminalizes false statements under oath. If you face financial constraints, consider seeking legal aid or advice from organizations like Citizens Advice.

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what should be the consequectes if this is not followed
If these practice directions are not followed, potential consequences could include:
- Appeal: The decision may be appealed if procedural errors affected the outcome.
- Set Aside: The order might be set aside or varied.
- Costs: The non-compliant party may bear additional costs.
- Retrial: In some cases, a retrial may be ordered.
Do you have a specific case or concern in mind?
how would i get a retrial if the appeal has not been sucesful
If your appeal was unsuccessful and you're seeking a retrial, consider these options:
- Application to Set Aside: Request the court to set aside the verdict if there's new evidence or procedural errors.
- Judicial Review: Challenge the decision's legality in the High Court.
- Fresh Evidence: Present new evidence that could significantly alter the outcome.
Have you explored any of these options with your legal advisor?
what is an application to set aside
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An "Application to Set Aside" is a formal request to a court to nullify or change a previous judgment. Reasons for setting aside include procedural errors, lack of notice, or new evidence. It's crucial to demonstrate valid grounds for the request. Have you considered discussing this with a legal advisor for your situation?
no i have no money
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If you cannot afford a lawyer, you might consider seeking legal aid or advice from organizations that offer free or low-cost legal services in England. Resources like Citizens Advice or local law centers may help. Would you like more information on these options?
can you list legistlation that makes this decidion not legal
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In England, several legislations ensure fairness in judicial decisions:
- Civil Procedure Rules (CPR) Part *.*: Court must allow parties to be heard before making an order.
- CPR Part *: Overriding Objective for fair treatment.
- Human Rights Act *: Right to a fair trial under Article *.
Do you need further details on any of these?
Mr Thurston chose to sit where we usually do right at the back to avoid conflict forcing us to sit right at the front incidentally right next to an off duty police officer she will be willing to give a statement regarding this incident for evidence. Mr Thurston heckled during the rhythm part of the assembly trying to gain our attention this was inexplicitly ignored by my myself in an attempt to gain attention. The head of the school saw us at the front throughout the performance. A Hudd left once she had seen Isabella perform. Ignoring Mr Thurston totally I would like to highlight to the parties Thurston is continually c/c me into these communication which is harrasment. The C2 application has been ignored can you add the legal terms in this
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It sounds like you're dealing with a harassment issue and concerns regarding a C2 application. Here are some legal points to consider:
- Protection from Harassment Act *: Prohibits harassment and provides remedies, including injunctions.
- Civil Procedure Rules (CPR): Ensure your C2 application follows procedural rules for consideration.
Could you clarify what specific outcome you're seeking with the C2 application? This will help in providing more detailed information.
i want to write an email that has the case law that prevents harrasmnt and lies in couort and perjury
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To draft an email addressing harassment and court issues, consider including the following legal points related to harassment, false statements, and perjury:
- Protection from Harassment Act *: Addresses harassment and provides legal remedies.
- Perjury Act *: Makes it illegal to knowingly provide false statements under oath.
- Civil Procedure Rules: Ensures procedural fairness in court applications.
You could structure your email by briefly explaining each point and how they relate to your situation. If you need further assistance with the email draft, feel free to ask!
can you draft pls
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Here's a draft email you could consider:
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Subject: Legal Concerns: Harassment and Misrepresentation in Court
Dear [Recipient's Name],
I am writing to address ongoing issues related to harassment and false statements. Below are relevant legal points:
- Protection from Harassment Act *: This act prohibits harassment and provides remedies, including injunctions. It addresses repeated unwanted communications.
- Perjury Act *: This legislation makes it illegal to knowingly provide false statements under oath, ensuring integrity in court proceedings.
- Civil Procedure Rules (CPR): These rules ensure procedural fairness in court applications, including my C2 application.
I hope these points highlight the gravity of the situation and seek your assistance in resolving these matters.
Best regards,
[Your Name]
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Feel free to modify the draft to suit your situation. Let me know if you need further assistance!
i need all legal practice directs that should stop a judge from making an order without having a hud present
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In England, the following practice directions and rules ensure a party can present their case before a judge makes a decision:
- Civil Procedure Rules (CPR) Part *: Overriding Objective to deal with cases justly and fairly.
- CPR Part *: Applications in civil proceedings require notice to the other party.
- Practice Direction 23A: Details on how applications should be made and heard.
- CPR Part *.*: Court's power to make orders of its own initiative, but parties must be given an opportunity to be heard.
Do you have any specific concerns regarding a case?
what is the rule about harrasment and law
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Harassment laws in England are primarily governed by the Protection from Harassment Act *. Here are key points:
- Prohibits harassment through repeated actions causing distress.
- Provides for injunctions to prevent harassment.
- Allows for criminal charges if harassment continues.
Is there a specific situation or case you're dealing with?
can you split these further Non-compliance with Family Court Directions - The C2 application remains unaddressed despite the application Civil Procedure Rules breaches: CPR Part * (Overriding Objective) - Failure to deal with the case justly and fairly CPR Part * & Practice Direction 23A - Applications proceeding without proper notice to affected parties CPR Part *.* - Orders made without affording parties the opportunity to be heard
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Here's a breakdown of the issues you mentioned:
*. Non-compliance with Family Court Directions:
- The C2 application is ignored, which means potential procedural non-compliance within the family court system.
*. Civil Procedure Rules Breaches:
- CPR Part * (Overriding Objective): Failing to ensure the case is handled justly and fairly.
- CPR Part * & Practice Direction 23A: Applications are moving forward without proper notice to parties affected by the proceedings.
- CPR Part *.*: Orders are issued without giving parties the opportunity to present their case or be heard by the court.
If you need further clarification or assistance regarding your specific situation, feel free to ask!
under family law what is the practice direction on purjury
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In England, the issue of perjury, or lying under oath, is not directly addressed by family law practice directions. However, relevant general legal provisions include:
- Perjury Act *: Criminalizes knowingly making false statements under oath.
- Civil Procedure Rules: Aim to ensure integrity and fairness in legal proceedings.
If you have a specific concern or situation, please let me know!