Judge Pollard Ruling Foils Another Sale

District Judge Pollard Court Order Questioned By Spanish Court

23 August 2009

The Torrox Court in Andalucia has questioned the court order of an English judge because it is impossible to implement in Spain.  Spanish lawyer, Snr. Enrique Delgado Scharzmann explained that the Spanish judge simply cannot uphold the English court order because it is written in such vaque terms as to not have any relevance or legal standing in the Spanish court.

De Cotta Law or De Cotta McKenna & Santafé, representing Valerie C. Russell, the petitioner, applied to the Hastings County Court for the wording of the court order to be corrected without a hearing. The respondent in the case, Mr. Kirwan, also applied to have the court order corrected by Hastings County Court in order to sell his property and honour the court order. So far the application has been unsuccessful. So why has the correction not been done?

District Judge Pollard as he is now, is no longer dealing with the case; that task has fallen to Judge Guinan. After reading the respondent’s application she requested a letter be sent to Jon Sutton, partner of De Cotta Law.  This may seem rather strange when both parties want the same thing but that is the fact of the matter.

However, the solicitor has shown reluctance or at the very least sluggishness in replying. He has failed to answer the letter sent out by Hastings Couty Court enquiring into their agreement of something they have petitioned the court to do. This may be surprising to the casual reader of this blog but regulars know better.

The lack of response has caused another sale (the fifth) to be lost by the respondent and seems typical of the cat and mouse games De Cotta Law appear to be enjoying. By using a highly suspicious mistranslated version of the court order, making their third appeal against a Spanish court ruling (this time in England) and therefore moving the playing field back to England these carefully engineered moves by the Goliath of expatriot law firms in Spain seem intent on squashing poor David.

A hearing in Hastings County Court has been set for the 16th September 2009. Once again Mr. Kirwan, as things stand at present will have no legal represtation in England. Is there a Law Firm in England prepared to take this on?

District Judge Pollard made an impossible court order and must surely bear the responsibility of his actions. Time will tell whether restitution will be made to the respondent for the damage, stress and finacial loss suffered by this man’s action.

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