Judgment Approved by the court for handing down.
Solicitor General v Millinder
“Rather, his submission is that the basis for the Attorney General’s
application was fundamentally flawed and underpinned by fraud and
ultra vires orders on the part of many different courts and judges.”
15.
Having summarised the background, and carefully reviewed all the materials supplied
by Mr Millinder, including very lengthy grounds of appeal, Lord Justice William
Davis made these observations:
“The grounds of appeal concentrate on the proposition that all of the
orders on which the Divisional Court relied were void due to fraud
and that the Divisional Court has lent itself to the conspiracy to
pervert the course of justice…
I do not believe that I do an injustice to the main thrust of the
Appellant’s case by summarising it thus. All of the orders made by
the various judges from 2018 onwards (and the orders on which they
depended and relied) are ultra vires and void because of fraud; none
of the applications made by the Appellant have been vexatious;
rather, the judiciary has been instructed by the corrupt Attorney
General to assist the offenders (i.e. those associated with
Middlesbrough FC and their representatives); the Divisional Court
itself engaged in a conspiracy to pervert the course of justice.”
16.
Lord Justice William Davis then pointed out, correctly, that none of these allegations
of fraud and corruption was supported by any evidence. He said:
“ mere assertion does not amount to evidence; the fact that a judge
has ruled against the interests of the Appellant does not mean that the
judge was acting fraudulently or corruptly. The Appellant cites
examples of judges not accepting evidence or submissions. That
happens in litigation as a matter of course. A judge is bound to reach
a view one way or the other. The party whose interests are not
satisfied by a judge’s decision cannot assert fraud or corruption
without some proper basis for doing so.”
He went on to say that it was not necessary or appropriate for him to set out in detail
the allegations made against the various judges, since none was supported by
evidence, though he described many of them as “scurrilous”.
17.
In paragraphs 11 and 12 of his order, Lord Justice William Davis considered and
dismissed as unarguable two further legal arguments made in the grounds of appeal,
before quoting from the conclusion of those grounds in paragraph 13:
“Fraud does unravel all, even post judgment and there has been a
most serious and protracted fraud upon the Court.
161. All the orders in the case are void from the outset, but moreover,
A’s case against the offenders is proven.
162. In account of all matters, A requests that the appeal be granted
and that all orders in the case be set aside and declared void, and
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