Judgment Approved by the court for handing down.
Solicitor General v Millinder
Lady Justice Andrews:
Introduction
1.
On 6 July 2021, following an application made by the Attorney General under section
42 of the Senior Courts Act 1981, and a “hybrid” hearing at which the Respondent,
Paul Millinder, appeared remotely by Cloud Virtual Platform (“CVP”) and
represented himself, the Divisional Court (Lady Justice Andrews and Mr Justice
Swift) made an “all proceedings” order against Mr Millinder, on the basis that he had
habitually, persistently and without any reasonable ground instituted vexatious civil
and criminal proceedings (“the section 42 Order”). The background to the making of
that order is set out in detail in the judgment of Mr Justice Swift in the section 42
proceedings, HM Attorney General v Millinder [2021] EWHC 1865 (Admin).
2.
The section 42 order was served on Mr Millinder by email at 12.38 on 6 July 2021.
He acknowledged receipt on 8 July 2021, responding in these terms:
“ The judgment is void as ultra vires and so is the order. It was ultra
vires of the purported judges to make an order that perverts the
course of justice after evading every single part of my evidence that
proves my case beyond doubt …
There is no real order of the court, only fraud, corruption and
perversion of the course of justice driven by colluding criminals in
Parliament who have coerced the judiciary to behave in this way…
I will not comply with a void order, it will not restrain me, not in the
slightest.” (Emphasis supplied).
3.
Mr Millinder was true to his word. His deliberate and persistent acts of disobedience
to the section 42 order have led the Solicitor General to bring these proceedings for
his committal for contempt of court.
4.
Mr Millinder is aggrieved by the fact that the merits of a commercial dispute between
his companies, Empowering Wind MFC, and Earth Energy Investments LLP, and
Middlesbrough Football & Athletic Company (1986) Ltd (“Middlesbrough FC”),
concerning arrangements entered into in 2012 for the construction of a wind turbine at
Middlesborough FC’s football stadium and the supply of energy from the turbine,
have never been adjudicated upon by a court. He refuses to accept that there is no
means by which that dispute can now be litigated, despite the fact that he has been
told so by many different judges.
5.
A full account of the underlying dispute is to be found in the judgment of Sir Geoffrey
Vos, then the Chancellor of the High Court, in Middlesbrough Football and Athletic
Co (1986) Ltd v Earth Energy Investments LLP (In Liquidation) [2019] EWHC 226
(Ch); [2019] 1 WLR 3709, refusing an application by Mr Millinder to set aside an
Extended Civil Restraint Order (“ECRO”) made against him.
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