To cut a very long story short, I have spent the last 5 years trying to stop a "lady" who worked as my Accountant for 5 years from 1999 to 2004 from keeping 3 houses belonging to my children, I was stupid enough to put into her name, on trust in 2002. With the police continually refusing to investigate the matter, we were left with no alternative but to wait for nearly 4 years and spend over £150,000 on legal expenses before being able to go to the High Court in Birmingham, expecting to recover what was rightfully ours. Even though there was a mountain of evidence proving that this person had reneged on the promise she made (in writing as well as orally) and hadn't paid a penny piece for my children's homes, the judge found against us. To rub salt into our wounds, through the course of the legal proceedings (ironically, through her own solicitors), it came to light that this woman had also been systematically stealing money from our company's bank account to the tune of approx. £130,000 (£51,000 proven with a further 17 cheques that Barclay's Bank are still trying to locate). Copies of the cheques have been sent to the West Midlands Police but they are STILL refusing to look into the matter, blaming the "time Lapse" and their "lack of resources" as being the reason. After sending 639 pages of evidence to the Royal Courts Of Justice in the hope that we might appeal against the judgement, I have just received a one paragraph reply informing me that we are not allowed to re-argue any of the facts or evidence available at the trial. With my family now presented with a costs bill of £250,000 we will also lose the only two properties still within the family and with eviction proceedings now underway, I have to face the prospect of seeing my 5 children and 10 grandchildren being thrown out of their homes within the next few weeks. Sorry this is still rather lengthy but as you can imagine, I am at my wits end and unless we can turn to the European Court for justice (not forgetting we are already ruined by what has gone before) I do not know what else I can do?
The West Midlands Police (several letters over the last 5 years from myself, my solicitors and my local MP, Emma Reynolds)
The Independant Police Complaints Commission (with reports from myself and the Rt Hon David Blunkett MP (and former Home Secretary)
The High Court in Birmingham (a 7 day civil trial in Nov 2010)
The Royal Courts of Justice (asking permission to appeal, which has been refused . . I have asked if I can exercise my right to attend a oral hearing but I
Before you can even seize the European court of justice you must lodge an appeal in the Court of appeal and/or the House of Lords... If these courts formally dismiss your case you will need to instruct a barrister licensed to practice law in any of the EU countries to submit your case to the EU court of Justice who will decide whether European rules and treaties can be invoked in your case. Yet an action pending in the EU court of justice will not suspend any eviction order in the UK.
Thank you for your advice. As I said, fighting for justice has taken everything we have. I don't suppose you know whether any EU barristers can be funded by our Legal Aid system?
Any barrister in the UK can act in the EU court of justice even if few do. Usually national legal aid systems do not intervene in EU cases. Yet you would have to ask a UK law specialist to ascertain this very point, which I honestly cannot.
Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).