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Solicitor Alison Stott, 16A The Lyons,
Aykley Vale Chambers, Hetton-le-Hole,
Aykley Heads, Tyne-Wear DH5OHT.
Durham City.
PUBLISHED IN THE PUBLIC INTEREST
COPIED TO ALL INTERESTED PARTIES.
March 22 1999. My reference:LIP/MK/V01
Dear Miss Stott
You will find hereto attached to this letter a Bill of Costs which I claim from you. The Costs concern your part in the fraud and deception which has been used against me that has resulted in an illegal bankruptcy order having been made on March 18 1999. You are of course fully aware I feel sure of all of the facts surrounding these matters. However the Bill of Costs does detail your acts and the damage that you have caused to me.
You are of course at liberty to dispute the facts which I give and indeed the amount which I claim from you. I would again remind you that there is indisputable evidence to support the facts which I detail in my claim against you.
Yours sincerely
Mr. Maurice Kellett
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To Miss Alison Stott Solicitor. Aykley Vale Chambers, Aykley Heads, Durham City, County Durham.
Bill of Costs served on you this day of March 22 1999 by Maurice Kellett of 16A The Lyons, Hetton-le-Hole, Tyne-Wear DH5OHT.
DETAILS OF CLAIM
YOUR PART IN THE USE OF FRAUD AND DECEPTION BY WHICH I CLAIM COSTS FROM YOU.
Up until January 1996 you had attended The Durham County Court with Miss Shirley Carr, presently residing at 16 The Lyons Hetton-le-Hole, Tyne-Wear, DH5 OHT for the purpose of hearings relative to cases DH400950 and DH400898 where I was the Plaintiff and for case NE401650 where Miss Carr was the Plaintiff. On these various court appearances of which you attended with Shirley Carr, you were the spokesperson to Miss Carr and conducted matters for her during those various proceedings as if you were "acting" for her.
ON JANUARY 17 1996 YOU DECLARED BEFORE THE NEWCASTLE COUNTY COURT:
" I HAVE NOT BEEN ACTING FOR MISS CARR I HAVE ONLY BEEN ASSISTING HER AS SHE SEEMS TO HAVE A GOOD GRASP OF THE SITUATION." FORMER RECORDER JOHN H. FRYER-SPEDDING REPLIED TO YOU, "YOU ARE EITHER ACTING FOR MISS CARR OR YOU ARE NOT", YOU REPLIED, "WELL I AM NOW SIR".
In attendance at that hearing before The Newcastle County Court on 17th January 1996 where you made the above declaration were: Myself and my wife Joyce Kellett, former Recorder John H. Fryer-Spedding, Michelle Temple acting Counsel for me, and Miss Carr. The above declaration made by you on 17th January 1996 is fully supported by affidavits of which have been supplied to you and the Courts..
Before January 17 1996 you had been given the work by District Judge Scott-Phillips of preparing the Judges Bundle ready for trial. Without the knowledge of either the Court or myself, and you later agreed this by letter, that you had then passed on that work for Miss Carr to carry out. Miss Carr then prepared the Judges Bundle. After the trial before John H. Fryer-Spedding in October of 1996 Miss Carr agreed during July of 1997 that she had deliberately left out documentation from the Judges Bundle which she said she did not consider as being important. Part of that documentation which she excluded was her application to The Durham County Court in 1994 for consolidation of the three above numbered cases. On June 1st 1994 District Judge Scott-Phillips Ordered that the cases would not be consolidated into Miss Carr's action under case number NE401650. She did not appeal that Order and it stood at the time the three cases went for trial before John H. Fryer-Spedding in October of 1996. He wrongly tried the three cases as a consolidated action where I was then referred to as Defendant in all three actions. I had prepared both my defence and prosecution on the fact that the Court had ordered the cases to be tried separately one after another by virtue of the June 1st 1994 Court Order.
At all material times you failed in the above matters to notify the Courts that you were aware that Miss Carr had deliberately excluded from the Judges Bundle the Order made by District Judge Scott-Phillips on 1st June 1994 refusing consolidation of the three herein mentioned case numbers.
At all material times in the above matters you failed to inform the Courts that you were not "acting" for Miss Carr up until January 17 1996 but had only been "assisting " her. It is considered that the above detailed acts have amounted to the use of fraud and deception and additionally have been instrumental in the perversion of the course of justice which has caused me damage and loss.
On October 17th 1995 you also attended The Durham County Court with Miss Carr in the matter of her application for an injunction against me. You were again given work this time by District Judge Cuthbertson. By virtue of the herein detailed declaration which you made to The Newcastle County Court on 17th January 1996 and by your failing to inform the Court on that day of 17 October 1995 that you were not "acting" for Miss Carr but were only "assisting" her, that was a furtherance of the fraud and deception which you are shown by evidence to have used throughout the conduct of the cases. As a direct result of your fraud and deception which you used on October 17 1995 detailed here, I was imprisoned at Durham on July 6 1996 where I subsequently suffered a stroke. In your attempts to keep me imprisoned you sent a fax letter to the London Court of Appeal falsely stating that I was not of good character and had been bound over to keep the peace. You claimed that Miss Carr had instructed you to do that.
A solicitor is an Officer of the Courts with not only special privileges but with special responsibilities. It was your responsibility to have declared to the Courts long before January 17 1996 that you were only Miss Carr's assistant. Your knowledge would have been sufficient to make you aware that an "assistant" to a litigant has no lawful standing and should not have accepted work by the Court. What is considered as your deliberate acts are shown by the fact that when the Court granted work for you to carry out, you then secretly passed on that work for Miss Shirley Carr to do. She in turn continued the original fraud by deliberately leaving out very relevant documents from the "Judges Bundle". Even when you were aware that she had done that you continued with the furtherance of the original fraud by failing to notify the Courts that the trial before John H. Fryer-Spedding was unlawful by reason that he tried the three cases as a consolidated action, whereas as you knew, there was a Court Order in force refusing the cases to be tried as a consolidated action. Your duty and responsibility was to have informed the Courts immediately the facts then known to you. You have allowed the original fraud in which you were involved to continue right up until this present day thereby causing me more suffering, pain, harassment, worry, depression, stress, anxiety, deterioration of my health, defamation, and further financial loss.
MATERIAL CLAIM
By your part in the acts of fraud and deception used in the cases mentioned herein you have assisted in causing the following damages to me which are hereby detailed:
1) Considerable and sustained pain, suffering, anxiety, personal stress, harassment, defamation of character, depression and a rapid deterioration in my health conditions.
2) Defamation of my character was assisted by means of the use of your fraud and deception and further assisted by your having broadcast that there was an application for my imprisonment.
3) My considerable financial costs and time in trying to defend in a situation which you gained for Miss Carr by the use of your part in the fraud and deception
4) Your use of fraud and deception were forefront in the destruction of my thirty year marriage which caused suffering, anxiety, personal stress, depression and a deterioration in health of my wife Joyce Kellett with all of the further consequences thereby arising from this which are instrumental in further damage to me as are detailed herein.
5) By your part in the fraud and deception you have assisted with the unlawful acquisition of land by Miss Carr of which I and my father have lawful title.
6) You have compounded your original fraud and deception by commencing and assisting in the publishing of bankruptcy proceedings against me in respect of the alleged costs of the civil litigation between Miss Carr and I which you are shown to have used such fraud and deception as is described herein. There can be no question of bankruptcy when the judgement which you obtained against me was obtained by your part in fraud and deception. Your knowledge of the law is considered to be sufficient to have made you aware of this before you acted in the bankruptcy proceedings You have caused me further stress, anxiety, depression, pain, suffering, harassment and further deterioration of my health as a direct result of your continued unlawful acts. There is a ruling made in 1956 by the late Rt. Hon.Lord Denning former Master of the Rolls of which I recite here, "No Court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgement of a Court, no order of a Minister, can be allowed to stand if it has been obtained by means of fraud. Fraud unravels everything". By virtue of this ruling, and by virtue that evidence is shown that you did use fraud and deception to gain an advantage against me, the Order made by the former Recorder John H. Fryer-Spedding must for the sake of justice and in the Public Interest, be declared as void and any costs awarded by him in respect of that civil litigation must in these circumstances also be declared as void.
BY YOUR PART IN THE ACTS OF WHICH I DETAIL ABOVE I HEREBY CLAIM FROM YOU IN SIMILAR TERMS TO THOSE I CLAIM FROM MISS CARR.
COSTS AND DAMAGES IN THE SUM OF £250,000 TO BE PAID FORTHWITH.
Signed this day of 22 March 1999
By me
Maurice Kellett.
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