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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De Cotta McKenna & Santafé 4th Anniversary

De Cotta McKenna & Santafé Appeal One Case in Two Courts in Two Countries at One Time

5 August 2009

Case No. HS03D00476 in the County Court of Hastings, England rumbles on. So does the same case in Malaga, Spain. De Cotta McKenna & Santafé are the well known  law firm in Spain who are bringing the case to Court or should that be bringing these cases to Courts?

The company are well aware that they have acted illegally to enforce a mis-translated English Court Order since August 5th 2005 on behalf of their client Valerie Celia Russell. They are also aware they were denied that miscarriage of justice on 21st January and again at appeal in March of this year in Torrox Court in Spain.

Appeal number 2 is lodged with the High Court in Malaga, Spain while appeal number 3 is due for a hearing on 16th September in Hastings, England. Which Court will have the authority over the other? Which decision will Jon Sutton, the partner of De Cotta McKenna & Santafé conducting the case in England decide to act upon?

Indeed, is this  legal?

Were this not such a serious matter one could almost laugh at the antics which are reminiscent of spoilt children running between their parents until they get what they want.

Meanwhile, the English Court Order could have been honoured on a number of occasions and still can be as I write but for the careless and incorrect wording of the original Court Order laid down by District Judge Pollard (then Deputy). Edward Kirwan, the respondent, has buyers for the property which will allow him to honour the Court Order yet both De Cotta McKenna & Santafé and the wording of the Hastings Court Order are denying him that privilege.

On this 4th anniversary of Jon Sutton’s mystic reading of the translated Court Order, (see this post) let me leave you with this thought…

De Cotta McKenna & Santafé – Appealing or Appalling?

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Please leave comments below.

Silence is Golden – DeCotta Law Loves IT

Silence is Golden – DeCotta Law Loves IT

Silence is Golden for DeCottaLaw (also known as DeCotta, McKenna y Santafé) the English lawyers in Spain who represent Valerie Celia Russell.

Why, readers ask,  has this blog been silent recently about the illegal action brought about by DeCotta Law on behalf of Valerie Celia Russell against her ex-husband ?

Because it has been waiting and waiting and waiting for the result of an appeal launched by DeCotta Law on behalf of their client.

Were the grounds for an appeal by these English lawyers in Spain because their actions in the past were legal?

NO.

The grounds for appeal were that the the pronouncement of Torrox Court was incorrect on a technical point. The technical point in question was that the defendant knew about their (DeCotta Law and their client’s) illegal actions and had not appealed against it within the allotted time. The allotted time for appeal is 20 days.

Please note this well. The appeal was not launched because the action brought by Valerie Celia Russell was LEGAL, oh no, it was because of a possible technicality!

DeCotta, McKenna y Santafé, got it WRONG! The defendant DID notify Torrox Court of the illegal action being brought against him on the very next day that he had proof of the illegal action.

Look at what DeCottaLaw boasts...

This is the same DeCotta, McKenna y Santafé who are top of the list for recommended English lawyers in Spain when you search on Google.

This is the same DeCotta Law who boast an HONORARY LEGAL ADVISER TO THE BRITISH CONSUL

The same  DeCotta, McKenna and Santafé who are Proud to Sponsor the Royal British Legion.

The same DeCotta Law who will deal with your bereavement

This is the same DeCotta, McKenna y Santafé who have brought an illegal action against a man which would have deprived him of his home and buried him financially.

DeCotta Law must surely love IT.

And this is the same DeCotta, McKenna and Santafé who have made threats of  “further action.“ due to “factual errors and defamatory allegations against members of this firm.” while the defendant was trying to get his case heard without legal representation.  ( An invitation to DeCotta Law to explain these  “factual errors” was extended but the company chose to remain silent. No legal action has been taken to date.)

This is the same DeCotta Law that you may have trusted until now.

Es la vida, no?

We invite you to contact De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547

to get their take on this story.

Injustice in Europe recommends that anyone having dealings with DeCotta Law in relation to  translation of an English legal document (particularly regarding divorce and  property),  check and double check it.  Triple check it if it was translated by Official Translator, Barry True.

Barry True made a mistake and stated ” I sincerely regret this mistake, which is a sad exception in my 21 years of unblemished experience.”  Sadly his “mistake” has led to much hardship over a number of years.

Ensure that you have a correct translation and that you have not been deprived of your property, your wealth or the health that you may have enjoyed before encountering DeCotta Law.

DeCotta Law – Health Warning

DeCotta McKenna and Santafé have failed in their attempt to deprive a man of his house and home when the judge at Torrox Court in Spain annulled the “public auction” on 21st January 2009 on grounds of ILLEGALITY!

Where is DeCotta Law?

The case revolves around an English Court order which was “mis-translated” by Barry True, Sworn Translator of the Spanish Foreign Ministry and Jon Sutton, a partner in Decotta Law. Jon Sutton was able to say that he had a sworn translation of the English Court order a full three days before it was stamped, dated and certified…what vision that man must have! Meanwhile, Reyes Gómez Llorente of DeCotta McKenna y Santafé in Nerja, representing Valerie Celia Russell,  wrote in an email on the 25th November 2008 saying  “you must understand that I am not tasting my time in explaining you the matter. Tehrefore, don´t waste your time in sending me more emails.”  Great words from an international law company don’t you think?…DeCotta Law really must know what they are doing.

But I wonder…do they understand and realize the real stress, pressure  and destruction that they and other English Lawyers in Spain have caused? It has yet to be measured.

English Lawyers in Spain such as DeCotta McKenna and Santafé (Decotta Law) and Paula Basham of Axar Properties should come with a Government Health Warning!

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Can You Help Prevent Homelessness?

 Can You Help Prevent Homelessness This Christmas?

In order to prevent homelessness this Christmas and beyond, we have been working hard to petition the Torrox Court about certain “incorrect procedures.”

However, in order to hear the petition a sum of € 1,900 is needed. More than a third has been paid but there is a shortfall of € 1,200. Can you help prevent homelessness and an injustice from being performed by making a donation to Ed’s Campaign Fund?

If you can then please make a donation by going to the “HOW CAN YOU HELP PAGE” NOW.

A heart felt thank to those who have helped already and a Happy Christmas to you all.

 Slipping through the legal net, a 53 year old Englishman, resident in Spain, is to lose his house and home within a matter of days. He has fallen victim to ”incorrect procedures”,  unfortunate circumstances and time is running out.

 

 

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