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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 >> Morgan v Southend County Court  EWCA Civ 1740 (11 November 2005)
Cite as:  EWCA Civ 1740
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
BIRMINGHAM CIVIL JUSTICE CENTRE
(HIS HONOUR JUDGE MACDUFF QC
SITTING AS JUDGE OF THE HIGH COURT)
Strand, London, WC2
B e f o r e :
|SOUTHEND COUNTY COURT||Defendant/Respondent|
|BASILDON COMMUNITY HOUSING ASSOCIATION and Others||Defendant/Respondent|
|CHIEF CONSTABLE OF ESSEX POLICE||Defendant/Respondent|
|BASILDON COMMUNITY HOUSING ASSOCIATION||Defendant/Respondent|
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent was not represented and did not attend
Crown Copyright ©
"This order is made without notice and of the court's own motion, and the parties or any of them may apply within 7 days of service of this order upon them, to set aside or vary all or any part of this order.
Note to Mr Michael Andrew Morgan: You may apply (as provided in paragraph 7 above) without the permission of DJ Asokan or DJ Middleton, to set aside this order. You may also apply without the permission of DJ Asokan or DJ Middleton within seven days to set aside the three orders of today's date striking out your three actions as an abuse of process. You may also apply to the Court of Appeal in London for permission to appeal this order. You may take no step in any of the three actions here in Birmingham nor may you issue any new case here in Birmingham without the permission of DJ Asokan or DJ Middleton."
"Brief details of claim: A landlord that attempts to deprive a tenant of assured tenancy is liable to pay damages under sections 27 and 28 Housing Act 1988 and tort of deceit and other torts."
Then sums claimed by way of damages are set out.
"A police officer that attempts to deprive a tenant of assured tenancy is liable to pay damages under sections 27 and 28 Housing Act 1988 and tort of deceit and other torts."
"Violating Article 6 of the Human Rights Act 1998 also under sections 6 and 7 Human Rights Act. Court as public authority."
"It is ordered that you be restrained from issuing claims or making applications in any court specified below concerning any matter involving or relating to or touching upon or leading to the proceedings in which this order is made without first obtaining the permission of HHJ Yelton."
In addition, it was further ordered -
"That the said Michael Morgan is not to enter Southend County Court or Basildon Combined Court save to attend pre-arranged hearings. This order will remain in effect until 18 August 2006."
"It gives the residential occupier evicted after 9 June 1988 a right to sue his or her landlord or any person acting on his or her behalf but committing an act which amounts to a criminal offence under Section 1 of the Protection from Eviction Act 1977 and which has caused him or her to give up occupation of the premises as a residence."
"Southend County Court prevented prosecution under section 27 Housing Act 1988 also prevented prosecution under"
("under" means "in relation to")
"tort of deceit also under other torts."
Certain authorities are then referred to.
"Southend order preventing civil claim under section 12 and 27 Housing Act 1988 Southend Court has breached section 12 and 27 Housing Act 1988 there has been breach of statutory duty in private law."
A page of an earlier document containing numbered paragraphs 7 to 11 is attached which describes facts relating to a dispute or disputes with neighbours of the applicant. The application form in this new application has a space for the evidence relied on. The applicant has filled it out in these terms:
"In addition to Article 6 and section 6 and 7 of Human Rights Act ie: failure to disclose false testimonys [sic] of convicted drug dealers and drug addicts there has been breach of statutory duty in private law example possession order obtained by deceit, misrepresentation, concealment the statutory provision under section 12 and 27 to claim damages as possession order has been obtained by deceit. Section 12 and 27 gives the occupier a right to sue landlord and persons acting on his behalf ie: police civil offence under section 12 and 27 Housing Act 1988 which caused the occupier consenting to possession order - condition disclose false testimonys [sic]."
Another document headed "Additional Grounds" sets out much the same material.
Order: Application refused. A transcript of judgment to be supplied to appellant at public expense.