THE PEOPLE Vs THE BANKS > THE CRIMES OF THE BANKSTERS

KNOCKING OUT VOID COURT ORDERS

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gerbil:


http://shirleylewald.law.officelive.com/VoidOrders.aspx

The interesting and important nature of a ‘void’ order of a Court is not fully understood and appreciated in England and this article is written to assist the understanding of a ‘void’ order and to assist legal professionals in any concerns they may have in submitting to a Court that its order is void, if indeed it is void.


Conclusion based on the case laws referred to above:


(i)         an application to have a void order set aside can be made to the Court which made the void order;


(ii)        the setting aside must be done under the Court’s inherent power to set aside its own void order;


(iii)       the Court does not have discretion to refuse the application because the person affected by the void order has a right to have it set aside;


(iv)       an appeal is not necessary because the order is already void;


(v)        if permission to appeal is sought and if sought out of time permission should be given because as the order is void time does not run; it is never too late to raise the issue of nullity; and the person affected by the void order has a right to have it set aside;


(vi)       a void order can be quashed or declared unlawful by Judicial Review where available and where damages may also be claimed;


(vii)      the whole proceedings is void if it was based on a void act;


(viii)     a void order does not have to be obeyed because it has no legal effect from the beginning;


(ix)       as it is never too late to raise the issue of nullity a person can ignore the void order and rely on nullity as a defence when necessary;


(x)        a void order is void even if the nullity is unjust or injustice occurs to an innocent third party;


(xi)       an order of a Court of unlimited jurisdiction is only void if it can be expressly be shown that the unlimited jurisdiction is limited in that situation, or the order is founded on an invalid claim or void act;


(xii)      no Court (not even the Supreme Court) has jurisdiction to give effect to a void act and the duty of the Court is only to interpret and apply the law not to reform or create it as such power rests only with Parliament.


gerbil:
will update soon

gerbil:
more case law

gerbil:
bear with me im just convert to pdfetc

gerbil:
notes

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