Author Archives: Daniel Cloake

Open Justice at the Rule Committee

The Civil Procedure Rule Committee “was set up under the Civil Procedure Act 1997 to make rules of court for the Civil Division of the Court of Appeal, the High Court and the County Court.“ The principle of Open Justice has been discussed at a number of meetings and passages concerning various topics have beenContinue reading “Open Justice at the Rule Committee”

Unbolted: Court refuses to take “treacherous shortcut” across minefield without a map

In 2016, Mr Andrew Jonathan Milne, described in court papers as “an experienced practising solicitor in the City of London”, took out a series of crowd funded loans facilitated by Open Access Finance Ltd t/a Unbolted. Behind these loans were 612 ‘unique lenders’ within which at least 604 were ordinary members of the public.  AContinue reading “Unbolted: Court refuses to take “treacherous shortcut” across minefield without a map”

Open Justice at Sheffield’s ‘Fully Remote Court’

One professionally embarrassed barrister, a man sentenced after telling ex-partner he was “going to slice her up” with a machete and a sad notification that a defendant has passed away –  Just a few of the cases the mouseinthecourt observed at Sheffield’s ‘Fully Remote Court’ on a Friday morning.

Insulate Britain protestor successfully purges contempt

Following an injunction order granted by Lavender J on 21 September 2021 the claimant National Highways Ltd were successful in an application to commit Benjamin Buse, 36, to prison for breach of that order. This was part of the high profile ‘Insulate Britain’ protests widely reported on at the time.

Lendy asks court to ‘grasp the nettle’ in multi-million pound loan dispute

In July 2016 the peer-to-peer lending company Lendy Ltd facilitated a loan to Q.E.D. Developments Limited.  Lendy were acting as agent for some 4,900 retail investors who collectively financed a facility of £14.3m, secured by a First Charge against a site known as the former Sunbeam Factory in Wolverhampton.  The loan description on the LendyContinue reading “Lendy asks court to ‘grasp the nettle’ in multi-million pound loan dispute”

Stephen Port inquest – The Coroners Summing Up

In November 2016, following a trial at the Old Bailey, Stephen Port was convicted of murdering four men – Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor. They were aged between 22 and 25 years old and died in Barking between June 2014 and September 2015. Stephen Port was also found guilty of sexuallyContinue reading “Stephen Port inquest – The Coroners Summing Up”

Lendy CFO reported ‘serious financial irregularities’ before sacking, tribunal finds

Kieran O’Connor, former Chief Financial Officer of FCA Regulated firm Lendy, is pursuing a claim at the Employment Tribunal for unfair dismissal said to be as a result of disclosures concerning “serious financial irregularities” at the company.

Lendy Administrators seek repayment of so-called ‘Brankesmere Dividend’

The Joint Administrators of Lendy seek repayment of so-called ‘Brankesmere Dividend’ said to be worth over £861k as it is revealed £1.5m of FCA Remediation payments remain outstanding to members of the public involved with failed P2P firm Lendy. The Administrators of Lendy were recently given permission to join Brankesmere Limited as a defendant inContinue reading “Lendy Administrators seek repayment of so-called ‘Brankesmere Dividend’”

3 Day High Court trial adjourned as solicitor omits to find counsel

A three-day High Court trial was due to begin today with Judge Clive Sheldon QC set to consider whether a borrower on the failed P2P platform Lendy, is liable for over £3m of fees and penalties.  In written filings made to the court prior to today, the borrower was expected to argue that she wasContinue reading “3 Day High Court trial adjourned as solicitor omits to find counsel”

Police Officer “embarrassed & ashamed at the pathetic and nauseating nature” of e-mails sent to victim

Serving Detective Chief Inspector James Mason, 43, received a final written warning after a Police Misconduct Tribunal found his behaviour towards a victim of crime amounted to gross misconduct.

P2P Lender Assetz was ‘innocent victim’ to Fraud as borrowers declared bankrupt

Deputy ICC Judge Paul Greenwood granted a bankruptcy petition against two borrowers who obtained a £1.89m crowd-funded loan from P2P firm Assetz Capital. The borrowers were said to have been “knowing parties to a mortgage fraud exercised on the Assetz companies, which were innocent victims of that wrong“. An application for disclosure of the lendersContinue reading “P2P Lender Assetz was ‘innocent victim’ to Fraud as borrowers declared bankrupt”

Soldier has appeal against rape sentence dismissed

A soldier who was serving at the Royal Artillery Barracks in Salisbury has had his appeal against sentence for attempted rape and sexual assault of two women dismissed at the Court of Appeal earlier today. The court was told that between 3-4am on October 25th 2019 Soldier Tevita Raseru Logavatu, 21, had crept through anContinue reading “Soldier has appeal against rape sentence dismissed”

The Secret Judgment hand down

The High Court blames “an over-sight of a court clerk” to explain why “there was no record of this case having been heard…This matter should have been listed and published on gov.uk but due to this over-sight this was not done. This has highlighted a serious training issue which will be addressed as a priorityContinue reading “The Secret Judgment hand down”

Machete wielding teen involved in fatal Oxford Circus stabbing loses appeal

Court report: 24/08/2021 at Snaresbrook Crown Court I’m in courtroom 4 before His Honour Judge Zeidman QC sitting with two magistrates, Ms C Crampin JP and Ms G Pierre JP. This was an appeal against a 24-month-sentence following the conviction of Mr Ocean Rowe, 18, of Borough at Highbury Magistrates Court in December 2020. TheContinue reading “Machete wielding teen involved in fatal Oxford Circus stabbing loses appeal”

Lendy borrower faces £3m claim as she hunts missing ‘Mr Mohammad’

Lendy Ltd was a so-called peer-to-peer lending company which facilitated the crowd funding of loans by members of the public secured against property and other assets. It was placed into administration following action by the FCA in 2019. One such asset was a property formally “the gatehouse to Stoke Park, a former country mansion whichContinue reading “Lendy borrower faces £3m claim as she hunts missing ‘Mr Mohammad’”

An appeal against a sham marriage at the Immigration Tribunal

I’ve spent the morning at Taylor House, the London home of (among other things) the Immigration and Asylum First Tier Tribunal.  The security personal at the front desk were rather surprised to see a member of the public and they had to check to see whether I was allowed in. 

Court considers how to operate against patient’s will

“I don’t want the family to think I have made the decision as a paper exercise.  The medical evidence is clear to me”.  So said The Honourable Mr Justice Hayden, Vice President of the Court of Protection, as he explained that it was in a man’s best interests to have his lower leg amputated despiteContinue reading “Court considers how to operate against patient’s will”

Lendy Directions – The Background

Lendy Ltd was a so-called peer-to-peer lending company which facilitated the crowd funding of loans by members of the public secured against property and other assets.  The company collapsed in May 2019 following action taken by the Financial Conduct Authority and RSM Restructuring Advisory LLP were appointed as administrators. The Administrators filed an application forContinue reading “Lendy Directions – The Background”

‘No Entry’ – Open Justice at the RCJ

“It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.’” So reads the infamous line from The Hitchhiker’s Guide to the Galaxy to justify the assertion that the all-important plans had indeed been on public display.  IContinue reading “‘No Entry’ – Open Justice at the RCJ”

Lendy v Brooke & Others – The Marshall Island Mystery

In 2020 the former directors of the FCA Regulated peer-to-peer finance firm Lendy faced accusations of the misappropriated of £6.5 million via off-shore accounts in a civil claim at the High Court. The claim settled by means of a confidential agreement in October 2022 and it was subsequently revealed that the total amount repayable toContinue reading “Lendy v Brooke & Others – The Marshall Island Mystery”

Court considers ‘pollution’ of a P2P loan agreement

This hearing was an application by the Peer-to-Peer lending platform Open Access Finance Ltd (T/A Unbolted) for determination of a Preliminary Issue prior to trial.  The issue concerned the consequences resulting from the potential status of eight so-called corporate lenders who had participated (along with some 600 individual retail investors) in lending some £148k toContinue reading “Court considers ‘pollution’ of a P2P loan agreement”

DDJ Campbell dismisses claim against the Arriva bus company

This was an application by a Mr Veselin Ivanov against Arriva Kent Thameside Ltd for damages following a road traffic incident that occurred in Dartford, Kent in June 2018. The court was told that the incident took place at the end of a road known as Sharp Way when an Arriva bus, driven by MrContinue reading “DDJ Campbell dismisses claim against the Arriva bus company”

Man acquitted of Jodie Chesney murder: “I want to turn my life around”

Manuel Petrovic, 22, appeared remotely at the County Court in Romford seeking to set-aside a County Court Judgement (CCJ), originally issued because of an unpaid parking ticket.  The respondent to the application, ParkingEye, did not appear at the hearing and Mr Petrovic appeared unrepresented.

Duff & Phelps apply to correct Duff order in Mederco Cardiff case

In September 2016 the peer-to-peer lending company Lendy Ltd facilitated a loan to Mederco (Cardiff) Ltd.  Lendy were acting as agent for some 3600 retail investors who collectively financed a facility of £6.4m, secured by a First Charge against a site with the benefit of planning permission in Mynachdy, Cardiff.  The loan description on theContinue reading “Duff & Phelps apply to correct Duff order in Mederco Cardiff case”

Landlord who “knowingly committing criminal acts” faces bigger penalty at Tribunal

Court report: 03/02/2021 @ The Upper Tribunal Lands Chamber This was an appeal following the decision of Judge Nicholas Nicol at the First-Tier Tribunal Property Chamber made back in June 2020.  That hearing concerned an application made by four tenants of a property in Malden Crescent, London NW1, for the repayment of rent following allegedContinue reading “Landlord who “knowingly committing criminal acts” faces bigger penalty at Tribunal”

A mother abroad and a family dispute – Part 2

Court report: 11th January 2021 @ The Court of Protection As a follower of the Open Justice Court of Protection Project on Twitter I took advantage of their daily publication of upcoming Court of Protection hearings and e-mailed in my request to observe a case. A previous hearing in this matter, held some 11 daysContinue reading “A mother abroad and a family dispute – Part 2”

Nagging doubt at the Court of Protection

Court Report: 7th January 2021 @ The Court of Protection before DJ Beckley “Rest assured absolutely everything that could have been said on your behalf was” – I recall these words directed at a defendant by a Judge of the Crown Court whilst handing down a rather hefty sentence.  Indeed, both barristers had done aContinue reading “Nagging doubt at the Court of Protection”

Fundingsecure director Richard Luxmore created “false and fraudulent documentation so as to conceal” payments of £8.15m, court papers claim

Following lengthy correspondence, a cache of court documents was finally released in the matter of Fundingsecure Ltd v Mark Damian Clarkson, a claim currently progressing at the Business and Property Courts in Manchester.

Papa John’s employee who filmed himself assaulting lone females jailed for 9 months

Court Report: 09/12/2020 @ Snaresbrook Crown Court I am in Courtroom 14 before His Honour Judge T Greene for the sentencing of Filip Sedlacek, a 29 year old Czech national. The court is told Mr Sedlacek was working as a Papa John’s delivery driver who on three occasions over the period of a month sexuallyContinue reading “Papa John’s employee who filmed himself assaulting lone females jailed for 9 months”

Defendant given June 2022 Trial date

Court Report: 17/11/2020 @ Snaresbrook Crown Court I am in Courtroom 4 before His Honour Judge M Zeidman QC (The Honorary Recorder of Redbridge) for a Plea and Trial Preparation Hearing.  The court is told on the 8th June 2019 the defendant was in a car which was subjected to a stop and search byContinue reading “Defendant given June 2022 Trial date”

Assetz lenders face joinder to borrowers claim

This hearing concerned an application, made by the peer-to-peer lender Assetz SME Capital Limited, to bankrupt two debtors. The court was told Mr Steven James Budd and Ms Jean Shrimpton had debt outstanding from a mortgage secured against a residential property. ICC Judge Barber explained that at a non-attended pre-trial review in April 2020 ICCContinue reading “Assetz lenders face joinder to borrowers claim”

HHJ Zeidman QC: “I’m keeping you as my project”

Court Report: 12/11/2020 @ Snaresbrook Crown Court I’m in Courtroom 4 before His Honour Judge M Zeidman QC (The Honorary Recorder of Redbridge) for a 2pm Sentencing hearing.  Readers may recall a previous blog post regarding HHJ Shanks’ attitude to this defendant and the matters concerned, declaring “I won’t be here and I can’t sayContinue reading “HHJ Zeidman QC: “I’m keeping you as my project””

Application by Lendy Ltd struck out as an abuse of process

This was an application by the borrowing companies’ director Des Philips to set aside a Statutory Demand served upon him by Lendy Ltd (In Administration).  The court was told loans advanced by Lendy Ltd had defaulted and they sought to rely upon the Personal Guarantee offered by the director to repay them.

Man who attacked wife with hammer given 11 Years

Court Report: 27/10/2020 @ Snaresbrook Crown Court I’m in Courtroom 5 before His Honour Judge L.J West-Knights QC for the sentencing of man who cannot be named due to reporting restrictions.   The court is told that on October 19th 2019 the victim, who had been married to the defendant for some 15 years, was gettingContinue reading “Man who attacked wife with hammer given 11 Years”

‘Cashino’ Robber gets 29 months

Court Report: 26/10/2020 @ Snaresbrook Crown Court I’m in Courtroom 5 before His Honour Judge L.J West-Knights QC for the sentencing of 39-year-old Mr Ilidio Bacai, a Lisbon national born 03/06/1981. He is being sentenced today for three offences he’s pleaded guilty to including robbery, ABH and a failure to surrender at court.

Directions for FundingSecure Limited – Part 1

This was a directions hearing concerning the matter of the so-called Peer-to-peer lending company FundingSecure Limited (in administration). FundingSecure acted as an agent in the facilitation of loans between borrowers and often many hundreds of retail investors. In October 2019 the company entered entered administration leaving some £80m to 3,500 investors outstanding.

Judge criticises the “political decision” that has left “listing and admin team … severely depleted”

Court Report: 16th October 2020 @ Snaresbrook Crown Court Following the adjournment of his previous sentencing (which I covered in part 1) I’m back in Court 20 for the sentencing of 19-year-old Mr HK who has been produced before His Honour Judge A Gordon.

Crown Court Judge: “it seems no one at the CPS can do their job properly”

Court Report: 15/10/2020 @ Snaresbrook Crown Court I’m in Courtroom 9 before Her Honour Judge Canavan for the sentencing of a case subject to reporting restrictions. The judge asks Ms Jaja of Blackfriars Chambers, prosecuting for the crown, why the court cannot find an Enhanced Draft Restraining Order on the courts electronic digital case system. 

“Persistent” and “Prolific” offender hits 50th conviction

Court Report: 22/09/2020 @ Inner London Crown Court I’m in Courtroom 10 before Her Honour Judge Newbery for the sentencing of 44-year-old Thomas Mockler of no fixed abode. Having previously racked up some 49 convictions for 120 offences this defendant is about to hit the big 5-0.

1-hour in custody for drug user

Court Report: 22/09/2020 @ Inner London Crown Court I’m in Courtroom 10 before Her Honour Judge Newbery for the sentencing of 19-year-old Ali Diakite of Glanville Road SW2 on two counts. The court hears that on June 4th 2020 at around 5pm Mr Diakite was travelling as a passenger on an erratically driven moped aroundContinue reading “1-hour in custody for drug user”

Man who dealt Class A “Party Packs” to friends gets suspended sentence

Court Report: 21/09/2020 @ Snaresbrook Crown Court I’m in Courtroom 8 before Her Honour Judge G Amakye for the sentencing of Mr Richard Yassin, 50, who has pleaded guilty to two drug related matters at the magistrates’ court. These are before the Crown Court for Sentencing today.

Judge calls for enquiry after police failings

In a rare trip outside London I’m at Maidstone Crown Court before His Honour Judge Gratwicke for the ‘Plea and Trial Preparation’ hearing of Mr Akram Uddin, 27, of HMP Elmley. Readers of the children’s adventure book ‘Sawson’s Quest’ may recognise the Judge’s name as the Author (as previously reported by the BBC).  What transpiresContinue reading “Judge calls for enquiry after police failings”

Open Justice at the not-so-secret Court

Court Report: 10/09/2020 @ The Family Court at Guildford (Heard Remotely) Followers of the ‘Open Justice Court of Protection Project’ will be aware that they do an excellent job in promoting public observation in what The Telegraph once called “the most secretive court in Britain”. The project publishes a daily list on their website highlightingContinue reading “Open Justice at the not-so-secret Court”

“Pinnacle of the family” killed by dangerous driver, court told

I am in Court 5 at Snaresbrook Crown Court before His Honour Judge Saunders for a Plea and Sentence hearing of a 22-year-old Mr Karolis Andriukaitis, of Harrow Road. Mr Andriukaitis has been charged with three offences:Count 1 – Causing Death by Dangerous DrivingCount 2 – Failing to StopCount 3 – Failing to Report anContinue reading ““Pinnacle of the family” killed by dangerous driver, court told”

The case of Sergio Esposito and Tobias the Decoy

Court Report: 8th September 2020 @ Snaresbrook Crown Court I am in Court 5 before His Honour Judge M Zeidman QC (The Honorary Recorder of Redbridge) for the 11am sentencing of a 31-year-old Mr Sergio Esposito, (2010 Politics graduate of Queen Mary University).  This is another case where there is one charge of attempted sexualContinue reading “The case of Sergio Esposito and Tobias the Decoy”

One More Chance for ‘ML’

Court Report: 08/09/2020 @ Snaresbrook Crown Court I’m in Court 11 for the sentencing of a Ms ‘ML’.  It’s a 0945 sitting before His Honour Judge L.J. West-Knights QC. The defendant is a no-show but the court hears this might not be her fault.  The instructing solicitor wrote her a letter after a previous adjournmentContinue reading “One More Chance for ‘ML’”

‘KA’ and the Zombie Knife

Court Report: 07/09/2020 @ Snaresbrook Crown Court I’m in Court 20 before His Honour Judge A Gordon for a 10am ‘Breach of Order’ hearing involving a Mr ‘KA’. The court hears that he was found to have what was described as a ‘Zombie Knife’ on his person while attending a plumbing course at his localContinue reading “‘KA’ and the Zombie Knife”

Refused to show did he?

Court Report: 07/09/2020 @ Snaresbrook Crown Court I’m before His Honour Judge A Gordon for an unsuccessful 11.30 sentencing hearing of a Mr ‘TA’ in Court 20. The defence submit that Mr ‘TA’ was due to be produced but according to reports from the prison he has “refused to attend”.  Counsel recall anecdotes whereby reasonsContinue reading “Refused to show did he?”

A Day at the Magistrates

Those with an interest in Open Justice will be pleased that HMCTS have started to publish Magistrates Lists online and today (Sept 1st) is the first day that the public has been able to remotely access the list by visiting courtserve.net Almost every criminal case passes through the Magistrates Courts either being dealt with hereContinue reading “A Day at the Magistrates”

Judge: “I won’t be here and I can’t say I’m that disappointed”

Court Report: 28/08/2020 @ Snaresbrook Crown Court I’m before His Honour Judge M Shanks for the sentencing of a rather difficult case.  A case so difficult even the judge doesn’t want to deal with it. Counsel and the defendant are all due to attend remotely using the Skype for Business platform.  Things are not offContinue reading “Judge: “I won’t be here and I can’t say I’m that disappointed””

Suspended Justice

Court Report: 20th and 28th August 2020 @ Snaresbrook Crown Court Two cases of dangerous driving for consideration here and both were heard on different days before different judges.  There is no doubt that each warranted a custodial sentence but the question that the court had to grapple with is whether that sentence should beContinue reading “Suspended Justice”

HK the iPad Stealer (Part 1)

Court Report: 20th August 2020 @ Snaresbrook Crown Court Today we have 19-year-old Mr HK who has been produced before His Honour Judge K Inyundo in Court 17 for sentencing.  There are several indictments to be sorted out in this hearing mainly relating to thefts from bags and coats that have been left unguarded inContinue reading “HK the iPad Stealer (Part 1)”

“LS” the Street Robber

Court Report: 18th August 2020 @ Snaresbrook Crown Court I’m in Court 5 before His Honour Judge M Shanks and there’s a couple of hour-long sentencing hearings lined up. To begin we have Mr ‘LS’ who has pleaded guilty on two indictments: Count 1 occurred at about 6pm on 21/12/2019.  The defendant approached a manContinue reading ““LS” the Street Robber”

Restricted Reporting – The matter of R v TA

Court Report: 2020 @ A London Crown Court Sometimes hearings will be open to the public but will be subject to reporting restrictions.  In the interests of justice an order can be made by the court preventing naming of the victim.  Given the nature of the crime such an order was granted here. The facts:Continue reading “Restricted Reporting – The matter of R v TA”

Sorry Mr DJ – “You’re here by mistake”

Court Report: 6th August 2020 @ Snaresbrook Crown Court I’m in Court 17 this morning before His Honour Judge T Greene for the 10.30 sentencing of a Mr ‘DJ’.   While waiting for the hearing to begin my eyes are drawn to an object on the Judges bench that readers who have ever ordered cheap sportsContinue reading “Sorry Mr DJ – “You’re here by mistake””

Hapless Hearings in Court 9

Court Report: 3rd + 6th August 2020 @ Snaresbrook Crown Court I’m in Courtroom 9 before Her Honour Judge S Canavan and first up we have a sentencing to witness in the matter of Mr ‘IS’.  The CPS have requested a behavioral order that would prevent the defendant accessing the entirety of the London BoroughsContinue reading “Hapless Hearings in Court 9”

Delayed Justice: R v ZD

Court Report: 6th August 2020 @ Snaresbrook Crown Court I’m before His Honour Judge P Southern in Court 5 for the 11am Sentencing of Mr ‘ZD’. At first glance this seems like it’s going to be fairly straightforward.  The case has already been opened and fully mitigated and all parties agree it’s a category 2BContinue reading “Delayed Justice: R v ZD”

The case of ‘RE’ and Dolly the Decoy

Court Report: 3rd August 2020 @ Snaresbrook Crown Court It is 10am and I’m before His Honour Judge P Southern in Court 5 and the sentencing hearing of a man with the initials ‘RE’ is about to begin – I’ll explain why he’s not being named at the end. The case before me is oneContinue reading “The case of ‘RE’ and Dolly the Decoy”

The Farce of Mr Preda Eugen

Court report: 28/07/2020 @ Snaresbrook Crown Court I’m at the Sentencing of a Mr Preda Eugen in Courtroom 5 before His Honour Judge P Southern. Readers may recall the issue I had accessing the case of Mr ‘DP’ as the court could only accommodate a maximum of one public observer. Whilst waiting for the courtContinue reading “The Farce of Mr Preda Eugen”

Open Justice at Snaresbrook Crown Court during Covid

Court Report: 28th July 2020 @ Snaresbrook Crown Court The principle of Open Justice as Lord Chief Justice Hewart infamously described, “…is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. With the social distancing measures ofContinue reading “Open Justice at Snaresbrook Crown Court during Covid”