The JCIO and the Ombudsman never disputed the evidence presented by the Claimant but rather stated that it was not a misconduct in accordance with the JCIO guidelines for a judge not to read a Claimant's application and pleadings.
dls wrote:The JCIO and the Ombudsman never disputed the evidence presented by the Claimant but rather stated that it was not a misconduct in accordance with the JCIO guidelines for a judge not to read a Claimant's application and pleadings.
If I may say that is a perfect example of what may be wrong with your argument.
It is not the JCIO or Ombudsman's task to investigate all sorts of matters. If it is not within their jurisdiction, they simply say 'It is not within our jurisdiction' They must not of course consider the truth or otherwise of a complaint outside their jurisdiction. It may easily indeed be inappropriate to read the papers supporting to their complaint. Above all else, that they do not dispute such evidence says nothing _at_all_ about its truth or otherwise.
You might for example complain about a neighbour's dog barking. Clearly not their jurisdiction. You may have all sorts of voluminous evidence to accompany your complaint. You would not expect them to read it. The issue is dealt with by simply identifying the nature of the complaint and nothing more. That would be a clear example of a decision being properly made without reading the papers.
dls wrote:It is that judge who is assessing the propriety of an action going ahead. His job is to come to an honest conclusion - doing justice between the parties.
You appear to be suggesting that a judge who sees a clear fault in the application should do injustice to the other side, breaching his duty to decide fairly according to the arguments and facts presented, from some possible (unadmitted) error.
Moreover you suggest that this goes as to jurisdiction?
dls wrote:Well I am pleased to see that you have felt some amusement, but sadly, it appears to follow some misunderstanding on your part.
Users browsing this forum: No registered users and 1 guest