• Bugler’s ‘invitation’ to Parliament ?

• A Second Judgment in the Second Citadel?
~ Part Report;

• The APP Conundrum;

It would be helpful to the Readers if they refreshed their understanding who and purportedly what the DWP~SelCom is supposed to do. Go Here.

In addition it would also be useful to understand who since January 2020 the new Chair is, his personal ethics which one assumes and hopes, he will bring to his new appointment, which the Bugler wrote about in an Editorial pen sketch on Mr. Stephen Timms M.P.,Go Here.

On the 18^th September 2017 the Bulger, after a letter of appeal, finally received a letter from the then Chair of  SelCom Frank Field DL M.P. asking the Bugler to supply him with ‘information’.

On the 26th September 2017 the Bugler responded by presenting the ‘information’. A condensed dossier of 77 pages of the history of this scandal of criminality involving TPR, TPO, and in particular Lancashire Combine Fire Authority(LCFA) and its Firefighters Pension Scheme maladministration and malfeasance was presented, not only to the Chair, but was individually sent to each Member of SelCom, Go Here.

Later Field was to give the Bugler the brush off saying they were too busy, but Mrs Heidi Allen a bright spirited individualist Cambridge based and educated(astro physics) MP wrote to the Bugler several times expressing her concerns and encouraging the Bugler to press on.

Regrettably Mrs Allen is by choice no longer an MP and is sadly lost to decent politics.

The Bugler did press on, drip feeding evidence of further criminality in the organisations named above, without response or acknowledgement, as we are accoustomed to.

On the 14^th December 2017 JMCB wrote unsolicited letters to the then disastrous CEO L.Titcombe (who left by common consent) of TPR, and Mr. A.Arter CEO of TPO, expressing his increasing concerns of criminality.

He wrote under the title “Conspiracy to Defraud”. No one had the courtesy to reply.

Once more on the 6^th June 2018 JMCB wrote unsolicited to express his increasing disquiet to the then Chair Mr. F. Field DL MP of SelCom. Once more he received neither response nor reply; at least his ‘grandness’ Field was consistent in rudely ignoring Pension Scheme criminality at TPR, TPO, and LCFA., Go Here.

On Sunday 28^th June 2020 in the briefest of emails, to test the ‘Timms waters’, the Bugler invited Mr.Timms to look at this great scandal afresh.

Astonishingly, the following day, Monday morning at 09:15hrs, Mr. Timms responded and invited the Bugler to submit ‘evidence’ to SelCom at a, to be announced, Inquiry into Pensions and presumably its ‘scams’, a pejorative term used publicly by Mr. Timms in association with continuing less than flattering remarks, about TPR and TPO.

As you might expect the Bugler has responded immediately to Mr. Timms’s invitation, and has respectfully suggested that he might use The Morning Bugler as an archived library of all this scandal to ‘brief up’.

The Bugler as ever casts a yellow eye on the ‘invitation’ because of its non action history with Fields and the fact that some of the bone idler leftovers including Labour Members who remain on the Committee, who surely must all be replaced to re-establish any credibility; so it remains …do actions speak louder than the words… of invitation  ? We shall see…

So the TMB administrative work will continue in the background as we await the deliberations and second Judgment on the very simple legal question which is to grant disabled FSV~FMG ‘Permission to Appeal’ ~ to take the case to the full Court of Appeal ~ guaranteeing the meticulous attention of 3 X High Court Judges, with the expectation that surely at least one of whom might actually know something about Fire Service pensions law or at least the ‘meanings of words’ as defined in historic case law ?

Readers may recall High Court Judge Sir Paul Maguire’s remarks in December 2019 in the Royal Courts of Justice in Belfast in which he explained the function of this artificial additional hurdle in the English Courts system ‘begging leave to appeal’ which is not to be found in Northern Ireland which is to prevent those with ‘more money than sense’ wasting the Courts’ time, which hardly applies in disabled FSV~FMG case, and in many others’ cases…

In any event disabled FSV~FMG has already lodged his case, thus bypassing this ‘hurdle’, which encapsulate his 47 ‘Points of Law’, at the High Court of Appeal, above this current judicial level (‘Leave to Appeal’ ~ Permission to Appeal) which he is perfectly entitled to do, and then ‘stayed’ it; in plain English… the High Court of Appeal should take no further action… until the lower Court finally makes up its mind what it is going to do next, in its developing debacle.

But why do that? Simply because of disabled FSV~FMG’s desire to completely exhaust every due process along the way to Justice to assist others who will surely follow…

Readers may recall that these 47 ‘Points of Law’, Go Here, were initially presented as an Appeal against the DTPO’s Determination’ to Mrs Lady Justice Falk who also followed Ms. Wisdom’s (LCFA) mantra all the way through to the Deputy TPO(Barrister Johnston) finally herself denying FSV~FMG ‘Leave to Appeal’.

Mrs Lady Justice Falk has never properly explained, which she is required to do, point by 47th point in legal response, why the Appeallant’s Barrister JMCB got it all wrong, but who simply said in ‘Judgment’ that ‘it did not make sense’ to her, which as you might expect, was then promptly challenged again by disabled FSV~FMG.

Dear Reader, you can be excused if you are a little confused at this point of chocolate teapots and Alice in Wonderland, but please stay the course…

Next in an extraordinary move, Mrs. Lady Justice Falk had proposed (in a Simpsonesque Rule of ‘DooooH!) to give a Judgment on the 3^rd July 2020 on her own original flawed Judgment,  driving a horse and cart through a fundamental rule of law that no Judge can be a Judge and Jury on her own actions, in her own Court !

A question arises whose was the ‘hand’ who was actually supposed to be mentoring, monitoring, and controlling this ab initio Justice’s actions on such a complex case with national and governmental implications? Of course it takes little research to elucidate who this might be…

As the 3^rd of July 2020 approached, disabled FSV~FMG on the 2^nd July 2020, as judicially directed, contacted Mrs. Lady Justice Falk, Clerk Saleem, to be abruptly informed that Mrs. Lady Justice Falk was no longer dealing with his case and that the Hearing on the 3^rd July 2020(the day following) was now being adjudicated on by a replacement Judge, for which no explanation was proffered.

It hardly inspires confidence in a Litigant~in~Person when they are ‘ambushed’ in preparation for a difficult(Skype) Hearing at the last moment, which in any case is a breach of Court Procedure and Rules, though it seems by this action that Judges may not need to comply with their own 48 hours ‘no-ambush’ Rule and thus they are above the law?

It is simply extraordinary that any Judge, with the exception of unexpected personal circumstances, is replaced mid judgment, in fact it has never been known, and leads to unhealthy speculation concerning the reasons why this has occurred, other than the self-evident reason that Mrs. Lady Justice Falk simply knew nothing about Fire Service pension law, nor the ‘meaning of words’ in historical case law either.

The fact of the matter was that Mrs. Lady Justice Falk was removed and in her place a Justice Sir Timothy Fancourt CBE was parachuted in at the 59^th minute  to hold the actual Hearing on the 3^rd July 2020. What was also odd about this was the List description for the Hearing, “Application to renew hearing”, most certainly disabled FSV~FMG certainly did not make any ‘Application’ to renew it, or otherwise, Go Here.

It seems reasonable and natural to evaluate who Sir Timothy might be and what erudition and much needed specialist pension law skills he would bring to this Hearing.

It seems Sir Timothy is a rising judicial star but the problem is his speciality is in land contract law which seems quite a stretch of the imagination to Fire Service pensions law in which he has no experience whatsoever, though the Bugler is happy to stand corrected on this, all essential quality…

Furthermore, the unseen guiding ‘Hand’ who is guiding these developments towards a rather large embarrassing judicial debacle in the making seems to make a complete lack of Fire Service pension law knowledge a precondition to their attachment to this case?

Now the Bugler has reached the point of sub judice where we all await Sir Timothy’s deliberations and his Judgment and his ‘stab’ at it, but we can all be reassured that disabled FSV~FMG has completed his post Hearing contemporaneous notes made immediately after this Hearing which the Bugler will be reporting in full in due course…

Notwithstanding, this debacle highlights many fascinating issues which the Bugler will evaluate in due course. The nub of which appears to be, at its most charitable, the inability of young inexperienced 21^st Century Judges incapability of reading and understanding the historical case law on the ‘meanings of words’ as used in Statutory drafting, taken directly from the OOED dictionary, or to even attempting an understanding?

Therein lies the ‘Conundrum’ in this case.

Now that Mrs. Lady Justice Falk has departed the scene perhaps we ought to allow her to plead her case why she finds herself where she is; a tax avoidance solicitor rapidly elevated as a non-barrister to the High Court of Appeal clearly carrying political messages of diversity and equality but surely in contradiction to that which she will be required to practice namely the exercise of impartiality and thus, like Hippocrates, ‘First, do no harm’?  Go Here.

One wonders if Mrs. Lady Justice Falk was handed this poisoned chalice by someone deep in the ethereal world of high judiciary because they did not ‘approve’ of the intent of this political messenger ?

Under Statutory Instrument No:129, Rule 3, when “is” an Average Pensionable Pay(APP), not an APP?

When it is a Rule 3; Paragraph 4, APP; or then again, when it is a Paragraph 5, APP…

However, it seems this last little exercise in adjudication has led to complete confusion…order… counter order… disorder, which does raise the serious question, do they actually know what they are doing?

It seems the difficulties for these young Justices centres around the ‘meaning of words’ as contained in these 47 ‘Points of Law’ enshrined in the OOED. This clearly raises the point that the Bugler really will have to, for the Clapham Omnibus Man, spell out what they actually mean in plain English and to these law graduates of the 21^st Century as well. A re-write of certain sections of TMB are clearly required so that everyone and ‘they’ clearly, ‘get it’. Go Here.

It has long been the Bugler’s view (with a brother an Emeritus Professor of Mathematics and Atomic Physics) that education is not actually a substitute for natural intelligence or common-sense (which is not all that common) in such matters.

But we shall see when this latest Judgment finally arrives from Sir Timothy whose speciality we have noted is in land contracts which is hardly a lot to do Fire Service pensions law, is it ? Perhaps the pension law makes for a heavier read?

It will be interesting to see how many Justices will be required to quaff from this Poisoned Chalice on its way to the UK Supreme Court, and then to the EU, ECJ, carrying in it, their careers…

Meanwhile disabled FSV~FMG in his mendicity is completing his own contemporaneous notes for publication when this latest Judgment is to hand…

The Bugler comments, in practice for using plain middle English writing later to follow on in TMB that, …mendicity ~ from the Latin mendicitas ~ the condition or activities of a beggar(FSV~FMG) ~ a hobble or fetter for an ass(judiciary), or other animal (a goat)...the Christian Brothers of Ireland have much to answer for in the Bugler’s Latin and Greek education.

When the final judgment is ‘handed down’ as it has, for former Justice ‘Nelson’ Butler, the verdict will surely remain that you can still put a wig on a goat, but it is still a goat…