In the absence of any barristers who would handle a combined human rights and family law case, I prepared the case myself. Unlike the usual 21-day time limit for appeals, Section 7(5)(a) of the Human Rights Act 1998
requires applications to be heard within 12 months.
Today at the Royal Courts of Justice, my application was heard by a very well-known judge in the Family Division of the High Court. When he suggested that I was out of time, I quoted Section 7(5)(a) of the Human Rights Act 1998
to him, which he looked up. He said that a court is not a "public authority
" as defined by the Human Rights Act and therefore the legislation did not apply. He asked to borrow my bundle (as the court had lost his) and then he suddenly launched into handing down his judgment in which he refused permission to appeal, saying that Section 7 "has nothing to do with challenging a sovereign court
" and that my application was therefore "doomed to failure
". As soon as he had finished speaking and before I could even utter one syllable, he rushed out of the court room and the clerk handed back my bundle to me.
At my request, the clerk got him back in the court room again. Although I had remained calm and polite throughout, he then angrily told me that if I make a further appeal, then he will subject me to a civil restraint order. I then politely corrected a point of fact in his judgment, and before I could point out that Section 6(3)(a) of the Human Rights Act 1998
defines a "public authority
" as including "a court or tribunal
", he angrily said "I'm not listening to any more
" and stormed out of the court room again. His clerk looked as shocked by his behaviour as I was.
The same judge was recused earlier this year for angry behaviour towards a litigant. How can I do the same and have my case reheard?