The English Law of Liens

This includes Live Birth Trusts (LBT), and "Accepted for value" (A4V)

The English Law of Liens

Postby The Freeman-on-the-Land known as Michael » Sun Feb 14, 2010 2:23 pm

This link, which is a work-in-progress, has already been posted on another thread, but such is the interest in this subject I believe it should have a discussion thread of its own:

http://freetheplanet.net/articles/145/law-of-liens

As some of you already know, I now have three fully matured liens with an aggregate value of £12M and a papertrail that has probably already cost each of the Robin Hoodies concerned considerably more than the grand total of their fraudulent claims, which, while they are no longer attempting to enforce, they have yet to formally acquiesce to the discharge of the alleged liabilities or make an acceptable offer of compensation.

Therefore, I am now in the process of initiating legal proceedings in order to enforce the claims for commercial injuries. The question of which judicial venue will hear proceedings depends upon the Cause of Action and the nature of the claim. Since the lien interests arose under contract, equity and statute, the claims could feasilbly be heard by the Commercial Court of the Queen's Bench, the Chancery Division and the County Court, each of which has ruled against the Credit Bandits in the past. Having a Court Order in support of the lien will allow its holder to register it under the protection of the Land Registry. The claim can also be enforced privately, with the lien being deposited in a clearing house until the debt is fully satisfied.

I have firsthand knowledge of bombastic reluctance among the judiciary to accept the validity of the lien process as valid under English Law, which, having studied Halsbury's law of liens, is evidence of their ignorance of, or complicity in, the banking fraud. What is certainly true is that unless Freemen-in-Commerce apply all the right practices, procedures and protocols, as well as both the letter and the spirit of the law, the legal system will regurgitate our paperwork not long after it is filed. Daunting though it may be, it is not enough to have truth, courage and honour on your side; you must also know what kind of claim you have and how to get the system to recognise it.

In rem lawsuits can be brought against the property of debtors in order to collect what is owed, and they are begun for the partition of real property, foreclosure of mortgages, and the enforcement of liens. They may be directed against real or Personal Property. In rem actions are permitted only when the court has control of the property or where its authority extends to cover it. For example, the courts in Kansas may determine rights to a farm in Kansas, but not the ownership of a cannery in Texas. The in rem jurisdiction of a court may be exercised only after parties who are known to have an interest in the property are notified of the proceedings and have been given a chance to present their claim to the court.


West's Encyclopedia of American Law, edition 2.

Which immediately inspires the diligent researcher to ask if the 'enforcement of liens' can be achieved by filing an In Rem Claim under English Law...

Scope and interpretation
61.1

(1) This Part applies to admiralty claims.

(2) In this Part –

(a) ‘admiralty claim’ means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 19811;

(b) ‘the Admiralty Court’ means the Admiralty Court of the Queen's Bench Division of the High Court of Justice;

(c) ‘claim in rem’ means a claim in an admiralty action in rem


Part 61, Civil Procedure Rules:
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part61.htm

(7)The preceding provisions of this section apply—

(a)in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;

(b)in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and

(c)so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law:

Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the [F8Merchant Shipping Act 1995].


Supreme Court Act 1981:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810054_en_3#pt2-ch2-pb2-l1g20

Hope this is of some help.

Namaste
Nothing, except the truth, is like it seems to be.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
User avatar
The Freeman-on-the-Land known as Michael
 
Posts: 333
Joined: Mon Jun 08, 2009 10:38 am

Re: The English Law of Liens

Postby huntingross » Sun Feb 14, 2010 11:26 pm

Hmmm.....this is not giving me hope for the liens I'm closing this week with Certificates of Non Response....and Affidavits of Service.
Success nourishes hope
User avatar
huntingross
Moderator
Moderator
 
Posts: 4324
Joined: Mon Mar 09, 2009 11:29 pm
Location: FIDACH, Near Edinburgh

Re: The English Law of Liens

Postby The Freeman-on-the-Land known as Michael » Mon Feb 15, 2010 9:38 am

huntingross wrote:Hmmm.....this is not giving me hope for the liens I'm closing this week with Certificates of Non Response....and Affidavits of Service.


That is only the end of the administrative process Mark. Unless the parties agree to settle the claims, they will still need to be enforced in order for you to obtain your remedy.

Peace
Nothing, except the truth, is like it seems to be.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
User avatar
The Freeman-on-the-Land known as Michael
 
Posts: 333
Joined: Mon Jun 08, 2009 10:38 am


Return to Commercial Redemption

Who is online

Users browsing this forum: No registered users and 1 guest

cron