• Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Home
  • What is LKP
  • Find everything …
  • Contact
Donate

Leasehold Knowledge Management Logo

Secretariat of the All Party Parliamentary Group on leasehold reform

Mobile Menu

  • Home
  • What is LKP
  • Find everything …
  • Contact
  • Advice
  • News
    • Find everything …
    • About Peverel group
    • APPG
    • ARMA
    • Bellway
    • Benjamin Mire
    • Brixton Hill Court
    • Canary Riverside
    • Charter Quay
    • Chelsea Bridge Wharf
    • Cladding scandal
    • Competition and Markets Authority / OFT
    • Commonhold
    • Communities Select Committee
    • Conveyancing Association
    • Countrywide
    • MHCLG
    • E&J Capital Partners
    • Exit fees
    • FirstPort
    • Fleecehold
    • Forfeiture
    • FPRA
    • Gleeson Homes
    • Ground rent scandal
    • Hanover
    • House managers flat
    • House of Lords
    • Housing associations
    • Informal lease extension
    • Insurance
    • IRPM
    • JB Leitch
    • Jim Fitzpatrick MP
    • John Christodoulou
    • Justin Bates
    • Justin Madders MP
    • Law Commission
    • LEASE
    • Liam Spender
    • Local authority leasehold
    • London Assembly
    • Louie Burns
    • Martin Paine
    • McCarthy and Stone
    • Moskovitz / Gurvits
    • Mulberry Mews
    • National Leasehold Campaign
    • Oakland Court
    • Park Homes
    • Parliament
    • Persimmon
    • Peverel
    • Philip Rainey QC
    • Plantation Wharf
    • Press
    • Property tribunal
    • Prostitutes
    • Quadrangle House
    • Redrow
    • Retirement
    • Richard Davidoff
    • RICS
    • Right To Manage Federation
    • Roger Southam
    • Rooftop development
    • RTM
    • Sean Powell
    • SFO
    • Shared ownership
    • Sinclair Gardens Investments
    • Sir Ed Davey
    • Sir Peter Bottomley
    • St George’s Wharf
    • Subletting
    • Taylor Wimpey
    • Tchenguiz
    • Warwick Estates
    • West India Quay
    • William Waldorf Astor
    • Windrush Court
  • Parliament
  • Accreditation
  • [Custom]
Menu
  • Advice
  • News
      • Find everything …
      • About Peverel group
      • APPG
      • ARMA
      • Bellway
      • Benjamin Mire
      • Brixton Hill Court
      • Canary Riverside
      • Charter Quay
      • Chelsea Bridge Wharf
      • Cladding scandal
      • Competition and Markets Authority / OFT
      • Commonhold
      • Communities Select Committee
      • Conveyancing Association
      • Countrywide
      • MHCLG
      • E&J Capital Partners
      • Exit fees
      • FirstPort
      • Fleecehold
      • Forfeiture
      • FPRA
      • Gleeson Homes
      • Ground rent scandal
      • Hanover
      • House managers flat
      • House of Lords
      • Housing associations
      • Informal lease extension
      • Insurance
      • IRPM
      • JB Leitch
      • Jim Fitzpatrick MP
      • John Christodoulou
      • Justin Bates
      • Justin Madders MP
      • Law Commission
      • LEASE
      • Liam Spender
      • Local authority leasehold
      • London Assembly
      • Louie Burns
      • Martin Paine
      • McCarthy and Stone
      • Moskovitz / Gurvits
      • Mulberry Mews
      • National Leasehold Campaign
      • Oakland Court
      • Park Homes
      • Parliament
      • Persimmon
      • Peverel
      • Philip Rainey QC
      • Plantation Wharf
      • Press
      • Property tribunal
      • Prostitutes
      • Quadrangle House
      • Redrow
      • Retirement
      • Richard Davidoff
      • RICS
      • Right To Manage Federation
      • Roger Southam
      • Rooftop development
      • RTM
      • Sean Powell
      • SFO
      • Shared ownership
      • Sinclair Gardens Investments
      • Sir Ed Davey
      • Sir Peter Bottomley
      • St George’s Wharf
      • Subletting
      • Taylor Wimpey
      • Tchenguiz
      • Warwick Estates
      • West India Quay
      • William Waldorf Astor
      • Windrush Court
  • Parliament
  • Accreditation
You are here: Home / News / Forfeiture / Fury at ‘life-shattering’ forfeiture case held in a secret court

Fury at ‘life-shattering’ forfeiture case held in a secret court

April 3, 2013 //  by Sebastian O'Kelly

Freeholder's barrister Alexander Bastin insisted public were barred from court
Freeholder’s barrister Alexander Bastin insisted public were barred from court

Both the Leasehold Knowledge Partnership and Dennis Jackson, a leaseholder at Plantation Wharf in Battersea, have complained to the Ministry of Justice that a forfeiture case was held in a secret court.

Jackson, 73, had his lease forfeited on January 30 and had 28 days to ask a court to lift the order before it became absolute and he lost his £800,000 property.

On February 26 at Wandsworth County Court considered the case but barrister Alexander Bastin, representing freeholder Cube Real Estate requested that the hearing be held in private.

He objected to the presence of Sebastian O’Kelly, of LKP, as “press” and referred to the Human Rights Act as grounds to hold the hearing in private.

Both Jackson and a barrister for the Prudential, which has a mortgage on the property, told Deputy District Judge Colquoun that they had no objection to the presence of O’Kelly or Martin Boyd, also of LKP, who were the only members of the public who were present.

‘I felt so bullied as a lay applicant by the judicial system’

“I was appalled at the decision and felt alone and vulnerable after they were ordered to leave,” says Jackson. “Such a life-shattering decision [should not] have been taken in private, in spite of my preference that the others were present. I felt so bullied as a lay applicant by the judicial system in allowing Bastin to have them thrown out of court.”

In a letter to Justice Minister Chris Grayling, O’Kelly says: “Mr Bastin was referring to the human rights of Mr Jackson, whose home he had successfully petitioned to forfeit and with whom he has been involved in litigation for the past three years. In that time, a £7,500 service charge dispute had swollen to disputed legal fees of £76,000. It was to pay these that the flat had been forfeited.

“I appreciate that judges in civil matters have wide discretion over whether hearings are held in private. But was that appropriate here, simply because of some mischievous objections to my presence as “press” by the freeholder’s barrister?”

LKP and Mr Jackson are awaiting replies from the minister.

Related posts:

Default ThumbnailSunday Times reports the forfeiture scandal of Dennis Jackson at Plantation Wharf Sebastian O’Kelly wins second press award for leasehold reform Video exposes the full horrors of leasehold Jeremy Corbyn raises forfeiture case at prime minister’s questions Default ThumbnailPlantation Wharf pensioner wins 28-day reprieve on forfeiture

Category: Forfeiture, News, Plantation WharfTag: Alexander Bastin, Dennis Jackson, Forfeiture, Martin Boyd, Plantation Wharf, Sebastian O’Kelly

Latest Tweets

Tweets by @LKPleasehold

Mentions

Anthony Essien (34) APPG (37) ARMA (87) Bellway (30) Benjamin Mire (32) Cladding scandal (71) Clive Betts MP (31) CMA (45) Commonhold (52) Competition and Markets Authority (41) Countryside Properties plc (33) FirstPort (42) Grenfell cladding (56) Ground rents (54) Harry Scoffin (150) James Brokenshire MP (31) Jim Fitzpatrick (35) Jim Fitzpatrick MP (30) Justin Bates (40) Justin Madders MP (67) Katie Kendrick (37) Law Commission (60) LEASE (66) Leasehold Advisory Service (62) Leasehold houses (32) Long Harbour (48) Martin Boyd (80) McCarthy and Stone (39) National Leasehold Campaign (38) Persimmon (49) Peverel (61) Property tribunal (49) Redrow (30) Retirement (37) Robert Jenrick (33) Roger Southam (47) Sajid Javid (38) Sebastian O’Kelly (55) Sir Peter Bottomley (201) Taylor Wimpey (106) Tchenguiz (33) The Guardian (33) The Times (31) Vincent Tchenguiz (43) Waking watch contracts (40)
Previous Post: « Dead squirrels in the roof and rivulets of water down the walls … couple feel let down by Peverel
Next Post: One in the Eye from LKP »

Reader Interactions

Comments

  1. Spotty Muldoon

    April 13, 2013 at 2:51 pm

    Why was Mr Jackson not advised that he could have asked for a McKenzie Friend (or two) – (A McKenzie friend assists a litigant in person, (even in ultra-private matrimonial cases), and does not need to be legally qualified. Litigants in person are entitled to have assistance, lay or professional). Can LKP state the reasons on which the Court made its decision?

  2. admin

    April 13, 2013 at 4:37 pm

    The court was informed that I was “press” and my colleague Martin Boyd was described as Mr Jackson’s “advisor”, by Jackson himself. We were both thrown out. The Ministry of Justice, MPs, media and civil liberty groups are all aware of this issue and we are waiting for an explanation.

    A major consideration here is that if the forfeiture had not been lifted, Mr Jackson would have been utterly ruined and made homeless by a secret court.

    SO’K

    • Spotty Muldoon

      April 15, 2013 at 12:04 pm

      It is difficult to understand why a lay litigant’s advisor was excluded from the proceedings. As pointed out, a lay litigant is entitled to have an advisor to assist him, even if the advisor is not a lawyer. What did the judge give as the reasons for the exclusion?

  3. admin

    April 15, 2013 at 12:15 pm

    Given that Mr Jackson’s entire livelihood was at risk here, we did not argue with the judge but left the court. The judge offered to explanation, which is why we are asking for one from the Ministry of Justice.

    Given the seriousness of forfeiture – and Mr Jackson’s specific request that we be present – this is a serious issue and we are involving civil liberty organisations and the media.

    It was utterly outrageous that the freeholder’s barrister quoted the Human Rights Act here.

    • Spotty Muldoon

      April 15, 2013 at 12:39 pm

      Very interesting, but confusing.
      Article 6(1) of the European Convention on Human Rights reads:
      “In the determination of his civil rights and obligations …….everyone is entitled to a fair and public hearing …..Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”

      I assume that this was what Bastin argued? I also assume there were no issues of morals, national security or juveniles involved, and that it was only the protection of the private life of the parties that was sought. Bastin’s remit was to protect only the private life of his client, and his brief would not have extended to any other party. I cannot believe Cube would have any private life requiring this protection. Neither Prudential nor Mr Jackson sought protection – on the contrary, they opposed Bastin’s request.
      (NB The court cannot exclude an advisor)
      But in your letter to the Justice Minister says: “Mr Bastin was referring to the human rights of Mr Jackson”. Baffling.

  4. admin

    April 15, 2013 at 1:04 pm

    Indeed baffling. So I shall share the reply from the Ministry of Justice when I receive it.

Above Footer

Advising leaseholders. Avoiding disasters.
Stopping forfeiture. Exposing abuses. Urging reform.

We depend on individuals for the majority of our funding.

Support Us and Donate

LKP Managing Agents

Become an LKP Managing Agent

Common Ground
Adam Church
Blocnet property management2

Stay in Touch

To achieve victory in the leasehold game where you are playing against professionals and with rules that they know all too well - stay informed with the LKP newsletter.
Sign Up for Newsletter

Professional Directory

The following advertisements are from firms that seek business from leaseholders.
Click on the logos for company profiles.

Footer

About LKP

  • What is LKP
  • Privacy and data

Categories

  • News
  • Cladding scandal
  • Commonhold
  • Law Commission
  • Fleecehold
  • Parliament
  • Press
  • APPG

Contact

Leasehold Knowledge Partnership
Open Data Institute
5th Floor
Kings Place
London N1 9AG

sok@leaseholdknowledge.com

Copyright © 2023 Leasehold Knowledge Partnership | All rights reserved
Leasehold Knowledge Partnership Limited (company number: 08999652) is a company limited by guarantee that is a registered charity (number: 1162584) with the Charities Commission.
LKP website is hosted at www.34sp.com
Website by Callia Web