The Man Known as Anthony : Parker v The Man Known as Ian McKenna And The Enforcement of Judgments Office
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Judgment Date | 23 February 2015 |
| Neutral Citation | [2015] NIMaster 1 |
| Date | 23 February 2015 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2015 |
1
Neutral Citation No. [2015] NIMaster 1 Ref:
2015NIMaster1
Judgment: approved by the Court for handing down Delivered:
23/02/2015
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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BETWEEN:
The Man Known as Anthony : Parker
Plaintiff;
and
The Man Known as Ian McKenna
And
The Enforcement of Judgments Office
Defendants.
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Master Bell
Introduction
[1] The title of these proceedings, with the inclusion of a colon, is
not a typographical error. It reflects the way that the plaintiff has
chosen to describe himself when issuing his Writ. This is a matter
which I will return to later in this judgment.
The Context
[2] This action has a very simple context. The plaintiff bought a
house in Forfar Street, Belfast. In order to do so he obtained a
mortgage with Santander. He fell behind in his monthly payments
and Santander sought an order for possession of the house. Master
Ellison granted such an order in 2011. The plaintiff then appealed
that order and that appeal was then heard by Mr Justice Deeny who
dismissed it. (Santander (UK) PLC v Anthony Parker [2012] NICh 6.)
2
The plaintiff then appealed to the Court of Appeal. A point having
been raised before the Court of Appeal which had not been raised
before Mr Justice Deeny, the Court of Appeal remitted the issue back
to him for consideration. After consideration, Mr Justice Deeny’s
original decision remained unchanged. (Santander (UK) PLC v
Anthony Parker (No 2) [2012] NICh 20.) The plaintiff then brought an
action against Master Ellison and Mr Justice Deeny in their personal
capacities for “fair and just compensation for the trespass to his rights
and wrong done by them” and seeking a declaration that their
rulings were void. That action was struck out by Master McCorry on
the grounds of the principle of general judicial immunity, no
reasonable cause of action, and that it was scandalous, frivolous or
was otherwise an abuse of the process of the court (The Man known as
Anthony Parker v The Man known as Master Ellison and the Man known
as Donnell Justin Patrick Deeny (Unreported, 16 April 2014)). The
plaintiff then sought to sue Santander and the lawyers involved in
the repossession proceedings. That action too was struck out by
Master McCorry on the grounds of no reasonable cause of action, and
that it was scandalous, frivolous or was otherwise an abuse of the
process of the court (The Man Known as Anthony Parker v Santander
(UK) PLC and the Man Known as Edmund Sinclair, The Man Known as
Mark Orr and the Man Known as Keith Gibson (Unreported, 17 October
2014)).
[3] When the enforcement stage of the repossession proceedings
arrived, this involved activity by the Enforcement of Judgments
Office (hereafter “EJO”). An application for Enforcement of Master
Ellison’s order was made. At a hearing on 17 September 2013 Master
Wells heard the parties, rejected the arguments advanced by the
plaintiff, and granted an order for delivery of the possession of the
property. In consequence various documents were then served on the
plaintiff by Ian McKenna, an Enforcement Officer employed in the
EJO. As a result the plaintiff issued a writ against “The Man Known
as Ian McKenna” and “The Enforcement of Judgment Office”. This
writ carries the following indorsement :
“i a Man Known as Anthony : Parker under God
claim the man Known as Ian McKenna and the
Enforcement of Judgments Office trespassed on my
right to own property : trespassed on my right to use
property : trespassed on my right to be left alone and
used forged instruments to do wrong to me.
i require fair and just compensation for the trespass of
my rights and the wrong done to me.
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2 cases
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Crossroads-DMD Mortgage Investment Corp. v. Gauthier, [2015] A.R. TBEd. NO.055
...v Jenner , [2014] QMC 7; Deputy Commissioner of Taxation v Aitken , [2015] WADC 18. - Northern Ireland: Parker v McKenna & Anor , [2015] NIMaster 1. - The Republic of Ireland: Freeman & anor v Bank of Scotland (Ireland) Ltd & ors , [2013] IEHC 371; Kearney v KBC Bank Ireland Plc......
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Foster v McPeake & Ors
...I referred to in my judgment in The Man Known as Anthony : Parker v The Man Known as Ian McKenna And The Enforcement of Judgments Office [2015] NIMaster1. In that judgment I referred to a decision by Chief Justice Rooke judgment in the Canadian case of Meads v Meads [2012] ABQB 571. In his ......