Climb every mountain

that is the implication of Mr Justice ‘s  judgment, that I can still continue the path of righteousness but it is a very steep mountain to climb.

Yet are the hills still alive in English Justice? I certainly hope so because if they aren’t then there is a lot of dead wood on the mountain in England.

It is very worrying though that the court has already used one of my judgments to throw out another case and that of a woman at that. Knowing that this case is up for permission to appeal the court is very hasty to apply its new-found resolution strategy.

I am always positive and as such, since I have gotten rid of my frustrations taken a deep breath and noticed that I do not have a bad case but I simply have a badly pleaded case.

There is a remedy and that is to apply to amend the pleadings and particulars of claim. I wonder whether the Appeal Court judge can resists the temptation to refuse a drop-dead-gorgeous pleading.  It really is a matter whether the hills of English Justice are still alive or does it suffer from Rigor Mortis, to not let anybody up that mountain once made a mistake.

I was a bit worried when Justice Stadlen proclaimed that I would be unable to go through a jury trial because I am too slow and a litigant in person could not cope with that. Well that is an attitude that could have come from my husband who had a similar view to women in general and was very dismissive of inventive thinking.  We can divorce a husband but we can’t divorce a judge. There are many more where he came from in any case. So its a matter of arguing and convincing with a steady pace. To say it with the words of Joan Amatrading, I am not in love but I’m open to persuasion of the legal ideas of course, I hope that this is what the judge will think.

Joan Amatrading, singer of I am not in love but I'm open to persuasion

Yet looking at the situation from Mr Gray’s point of view, if the case went to trial and it wasn’t a jury trial then he would have grounds to go to Strasbourg if he lost. There, we now see the shortcomings of the Access to Justice Act, that yes, we want to allow litigants in person to bring Defamation Claims, but no, they can’t really have a jury trial. I don’t think that is going to work. I am going to apply for a Declaration of Compatibility. My second attempt to query the judicial system, since my application for Judicial Review on the matter failed, currently also before the Strasbourg court administrator.

I think it would be best all around if we could resolve the matter on the claims before the court because otherwise we open the gates for filing future claims on old matters just with different pleadings. I think that Hilton, Osler and Gray should have allowed me to amend the pleadings, now that I have finally caught up to the legal side of law as it was in Germany in 1975 and able to compare that to today’s Human Rights Act.  Because, frankly speaking, if the Court of Appeal now allows me to amend my pleadings and I win the case, then the Defendants will have to pay a much higher bill but also if the court does not allow me to amend then we will see more action both in Europe and in England.

So the English should not complain about the high EU contributions they have to pay as that is what much of the money to Europe goes on, to maintain the European Court of Human Rights amongst other things.

Frankly matter of being able to pay costs has been decided against me whilst the Defendant’s cashflow is zero too, they could not pay costs if they had to but the court has never even put them into the awkward position, isn’t that nice of the court.

Is there a general rule in English Justice that says, whoever gets the first costs against them is going to lose the case? I think the court should not give preference to Gray, Hilton and Osler just because they are young and middle-aged men who have better things to do than come to court and leave me with all the frustration and paperwork, to file with Strasbourg and then having to wait for years before I can get my costs back. The approach should be to resolve this matter now because the solution to the problem as it is now is unsatisfactory in so far as a publication is declared as untrue but the publisher has not been banned from re-publication. I do have a case but it is badly pleaded. I could get damages but because of the bad pleadings the damages are low. What does that mean to the rest of the world?

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