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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Adshead & Ors, R (on the application of) v Legal Services Commission  EWCA Civ 1380 (24 August 2001)
Cite as:  EWCA Civ 1380
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(The Hon Mr Justice Popplewell))
London WC2A 2LL
Friday 24 August 2001
B e f o r e :
|T H E Q U E E N|
|ON THE APPLICATION OF|
|1. EVA CHRISTINA WRIGHT ADSHEAD|
|2. GERALD FRANK ADSHEAD (Dec'd)|
|3. CHARLES GERALD WRIGHT|
|4. JAMES SEAN WRIGHT|
|- v -|
|THE LEGAL SERVICES COMMISSION|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
Official Shorthand Writers to the Court)
The respondent did not attend and was not represented.
Crown Copyright ©
"To take proceedings against Gerald Frank Adshead for a declaration as to the trusts affecting property known as 18 Whitefield Eaton Mor Stockport."
"To take proceedings against Gerald Frank Adshead for damages for breach of contract and/or specific performance."
"For all those reasons, in my judgment, this is an appeal which has no reasonable grounds to support it. There might have been some argument whether three months was too long a sentence for the judge to have given in the circumstances. But he gave a suspended sentence; it never bit. I would not be disposed in those circumstances to quarrel with it. I would dismiss this appeal."
"The Respondent [the Legal Services Commission] appears to have taken a perverse view of this matter well beyond the normal parameters of a decision by a Public Authority. The Appellant has been subjected to humiliating, degrading treatment by the Authority including being named a 'w...er' and being threatened by Mr Nuttall of the LSC's Debt Recovery Service with the words 'your are dead'. She has clear evidence of this (which will be provided on request). She considers this 'behaviour' both intimidating and degrading and well beyond what can be perceived as normal and/or acceptable. She submits that the decisions made by the LSC are fundamentally irrational, perverse and just a means of covering up a fraud in which it has unknowingly or knowingly become embroiled.
The LSC should pursue the right person for the alleged debt, the Cummins, who have committed the frauds - not the Appellants who are being unlawfully harassed. Legal Aid has never been due to the Cummins and without legal aid they would never have begun court action."