Judgment
of Deputy High Court Judge Wilkinson QC, in the
High Court of Justice, The Strand, London.
Tuesday, 10 November 1998
JUDGMENT
THE DEPUTY
JUDGE: Cripps Harries Hall are a long-established
firm of solicitors with offices in Kent and Sussex. They
are the defendants in this action. Over many years, the
firm had been instructed to provide legal services to the
family of which Mr Hoath is a member. John Martin Edward
Hoath is the plaintiff in these proceedings.
Unhappily, the relationship between
client and solicitor soured. Invoices submitted by Cripps
Harries Hall for work done were unpaid by Mr Hoath. Judgments
were obtained for the sums claimed, and steps taken by
the defendants to enforce them. In December 1991 a bankruptcy
petition was presented in the Tunbridge Wells County Court,
and an order was made declaring the plaintiff bankrupt.
Proceedings arising out of that
order continue, with the plaintiff challenging its validity.
Mr Hoath is a bitter, angry man who attributes great wrong
to the defendant firm. His behaviour during 1992, 1993
and 1994 in particular, caused, and was intended to cause,
considerable irritation and concern to the defendant firm.
Relevant events for the purposes of this action
commenced in about January 1994 when the plaintiff put
up a sign on his property at Summersales Farm. The sign
read:
“Cripps Harries Hall & Co
are defective, negligent solicitors who rip off their
clients.”
The
purpose of making fraudulent declarations (perjury) to
the Bankruptcy Court, against my person, was to conceal
their general fraud against deceased
clients’
estates. Thus they sought to gain advantage
and pecuniary advantage by “unlawfully” and “fraudulently” obtaining
a fraudulent title
to my property, knowing that if
their fraud was brought to light, it would cause the
collapse of their solicitors practice known as Cripps
Harries Hall, which would lead to their criminal conviction.