From: Ella Gareva's (Draper) Legal Team
Sent: 29 September 2015 19:23
To: Civil Appeals - CMSB
Subject: RE: B4/2015/2829 D (CHILDREN) Precedents set by the Courts ??
We write further to our email below to which we have had no response.
Please could these emails be put for the attention of Justice Ryder and President Munby as it is relevant to both. We would request that either one of them considers the paper application.
We have not served the local authority with the skeleton argument or amended grounds as we rely on their behaviour and conduct in the care proceedings and the permission to appeal hearing on 4th August before Justice Ryder as a precedent not to do so. Their conduct and indeed the lack of consequence they faced from the Court sets a precedent that Court Orders and procedures do not need to be followed and it is ok to attempt to mislead the court. We submit this for the following reasons which are non exhaustive;
- Justice Munby on 4th August confirmed we should have unrestricted access to all papers and local authority failed to provide us with such. They failed to provide us with all documents provided to the judge during the fact finding hearing, which was obvious from the transcript of DC Martin. They hid from us and the Court the names of all officers that gave evidence at the fact finding hearing and tried to mislead us into thinking that DC Martin, Officer Yaohariou, and DC Savage did not give evidence untill we found evidence to the contrary.