understanding the farringdon bond official receiverÕs...

NAO official sensitive - CoL police/SFO/BIS Criminal RESTRICTED 13.3.12

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! v i ew ! f rom!333 !Cromwe l l !Tower , !Barb i can , !C i t y !o f !London ! ! !

INSOLVENCY SERVICE ACCOUNT

understanding the Farringdon Bond

OFFICIAL RECEIVER’S OFFICE-LONDON

requesting authority: Paul Stewart

provided: Monday 6 November 2017

This document contains a confidential report commissioned by Chancery judge technically classed as the judge’s notes, not normally accessible to third parties as government. Please respect confidentiality

From reliefs sought/damages in HQ12XO3512: Mira Makar v Baker Tilly UK Group LLP & Ors

default judgment 27.2.13

13. Public statement that de-regularisation of the Companies Act under the guise of reducing red tape

has the effect of irreparably diluting the Companies Act and must properly be curtailed; that lobbying is

a tool of self-interest and not law enforcement; and that speculative off-balance sheet litigation funding

puts investors in such products above the law and ought properly to be outlawed together with tactical

manoeuvers as the use of pre-emptive remedies used in reverse, including by non-parties, who are not

independent, for which this case is a prime authority.12

1 quote from p5 of 15 report to Court Manager Companies and Bankruptcy Courts, Chancery Division, 19 December 2013 2 From: Mira Makar <[email protected]> Subject: Fw: 2013-3630 URGENT COVERING LETTER FOR REGISTRAR DERRITT Date: 20 December 2013 13:57:00 GMT To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, miramakar <[email protected]> Jonathan Calder Manager Bankruptcy Court

19 December 2013 Dear Mr Calder Thank you for the court's confirmation that the communication below together with the three attachments has been passed to Registrar Derritt. I confirm I am not MAKER M, nor do I know who MAKER M is or if such an individual exists. I now attach the letter I had prepared for Helene Newman, that I was waiting to receive any endorsed order for substitute service before finalizing and sending in (then discovered Helene Newman is off, who is continuity from May 2011, as main witness in HMCTS). Please will you read and pass this letter to Registrar Derritt as soon as you can, so she has an up to date picture. I understand Reg Derritt has the file. Please confirm this is done. I am now proceeding to finalise reports to the Insolvency Service, Tim Neale (London Official Receiver), BIS Intelligence Hotline, and update the police reports. I shall send them the attached and the below. If Registrar Derritt authorises you to release the endorsed "order for substitute service" that the private investigators secured, please scan and email so I can add it to the reports. I anticipate she will do this, as Judge Birtles did in the Mayors & City County Court for release to SOCA/SFO, as have other court officials on judges' endorsements on these torrid events. I am addressing SECURITY, called in by HMCTS on 18 July 2012, the day after police refused protection on the premises of the courts. Kind regards and many thanks Mira Makar Mira Makar MA FCA (Miss)

14 12 20 : issue by 22 December 2014 on the six year dead line under the statute of limitation – including

officials’ request to duty judge of the Rolls Building to be informed on the circumstances and consequences

of delays of enforcement from December 2010 and reply to Ms Johnson’s questions to access the service.

Page 1 of 21

Dear Ms Johnston 21 December 2014

Thank you for your phone call Friday night. It was most reassuring to hear from you, so that we

(family) could have comfort that the deadline for the fresh issue can be met. You invited me to

write saying why a duty judge was needed. The relevant event was 23 December 2008 (usurping

my judicial standing in secret agreements and using the identity of my family and me to mask the

Royal Bank of Canada – identity theft by the bank of which we are not and were not customers).

The deadline is midnight on 22 December 2014. I have been in the court a number of times this

week to agree the arrangements. In particular I sought to conclude this finally before the end of

the week when many departed on vacation. I waited several hours on Friday to see a judge having

pre notified the request as the court officials wanted the comfort of a judge.

I was finally referred to the “duty judge” on the out of hours emergency service which works via

SECURITY: your colleagues on the fourth floor were helpful in how to reach you. I am grateful to

SECURITY. Judiciary referred these events to them on 18 July 2012 when I entered default

judgment on 2012 Folio 336 which was fatal to certain people and businesses. Protection was

required to achieve access to judiciary. The Mental Capacity Act was used from 18.7.12 against

me with various forms of surrogacy since to cause my standing to be abandoned and further six

year dead lines to be missed with a nominal “trustee in bankruptcy” to pick up what they can as

the older generation passes. We lost my aunt in Dec 09 after five years of these attacks when my

mother had a trauma related heart attack and cardiac arrest. She has not been allowed to recover

due to the further five years forced labour from burden shift activity before and after we entered

the first default judgment on 22 December 2010. We are on the dead line of the fifth, without the

relief from the first: claim forms on public inspection and interim payments have stalled.

The obstruction started on 23 December 2010 in regard 2010 Folio 885 v PwC in court 37, the

emergency court. PwC acknowledged entry of default judgment on 22 December 2010 and service.

It started fighting enforcement including by procuring that page 3 of a 3 page claim form was

truncated so the six year dead line “disappeared” with the record this was civil relief for statutory

offending requiring delivery up to me as director of the true position. Practically this took the

particulars with it and 66 pages of the evidence. Court 37 was used by arrangements between

Angela Hodgson (then listing, CommCt) and Danny Wilkinson (clerk Maitland). Junior counsel

James Balance told Holdroyde J that there was an acknowledgment of service dated 30 November

2010 (there was not); that the claim was breach of contract or professional negligence, ie arguable

(it is neither); that he had a copy of the entry of default judgment if His Lordship wanted (not

handed); that the particulars were available if required; there was no skeleton as a small point;

and PwC were surprised that the claim was made and would not respond until the end of January

2011 due to vacation. First interim payment of £1.7m and delivery up of two records was due

by 14 January 2011, which His Lordship did not see. Devastation has ensued, HSBC closed my

accounts and credit cards from April 2011: fee remission requires bank statements I do not have.

personal property Newey J, Chancery, commissioned Friday 19 December 2014, re file 3630 of 2013

provided confidentially to London Official Receiver Paul Stewart Monday 6 November 2017




Page 2 of 21

The consequences have lasted four years. Complexity in progress has been compounded. Security

were used by Mr Ballance to ask me to leave, while an “order” for this delay was procured. The

reasoned judgment was said by Trevor Galtress, clerk to Holdroyde J, to have been given by him

to an usher. He refused access to Holdroyde J, saying that only Wilf Lusty could deal with this.

Master Kay gave me directions to prepare a replacement judgment which I did but could not get

through: however on 10 August 2012, Master Leslie asked me to take these matters to the duty

judge in court 37, which I did. Haddon Cave J directed that the QBD jurisdiction could not be

established without a fresh claim form and applications could not do it.

On 13 November 12 Master Fontaine blocked issue of the required claim form with this draft

judgment, saying that there was no law or rule permitting such a block together with two others

requiring the same. On the same day these were provided to the Chancellor of the High Court, Sir

Andrew Morritt who was presiding in the C of A from November 2010 but whose papers had

disappeared before delivering anything (appeal 7 August 2009, permission 18 February 2010, not

yet heard – overturning a perverse result HH Judge Seymour QC 17.7.09). Leveson J’s papers

were taken on 21 December 2010 (“scanned to the shelf”), a day he was double booked and could

not deliver, and shredded on 16 February 2011. A neutral citation number was obtained on 10

Dec 10 for an embargo’ed “judgment” which was based on a smuggled bundle of forged evidence,

rejected at first instance. It was provided to Hughes LJ the scribe, and given to me in March 2011

with C of A Associates offering to copy a fresh set of files. Mine were never seen by the three

judges as I had filed them or at all. I was represented by 39 Essex St (Robert Jay QC chambers).

On 26 August 2011, C of A informed that those without standing had paid £200 to get in on 5

March 2010, calling themselves “respondents”, but planting “MY” appeal bundle nr 2. The re-filed

papers with the evidence of these events requested by DM Sally Meacher were put in two

envelopes and posted out in the Royal Mail in September 2011. They were returned by police in

April 2012, the month after classifying agreeing with BIS that they would “see the evidence” (ie

lead) and deciding the courts had to police their own business. SFO have also classified.

Periodically C of A attempt to have the files removed without being heard. Morritt LJ’s attempt to

get a listing before three appeal judges by 30 June 2012 failed when the date came and went. His

Lordship informed me.

The wrongdoers (RBC funded) are 2012 Folio 336 defendants, default judgment 18.7.12 when

the latest round of aggression got going with a vengeance, the Mental Capacity Act was engaged

and judiciary called Security. They are listed in Rider A of the present unissued claim form.






Page 3 of 21

The defendants of the new claim on the six years have paid those in 2012 Folio 336 including

secretly behind my back and by intercepting my judicial standing. (Jonathan Wyles, Reynolds

Porter Chamberlain LLP, 5.12.14 “you have no judicial standing”). Consolidation with 2012 Folio

336 is effectively automatic under duties. From 18.7.12 surrogacy was deployed. Morritt LJ

suggested that when there was a without notice airing on 15 November 2012 (Andrew Smith J),

this could be the first chance to be heard since 2005. His Lordship took the draft order to make

an interim payment of £5m dated 21 December 2012 and order to attend for means testing

(Baker Tilly UK Holdings Ltd and group), with a view to endorsement as per Master Leslie’s

request (“this has been seen two levels higher than me”) or passing to Sir John Thomas or both.

This record you requested is in two parts, dealing with your two points:

I The task (short) (request to issue by the six year dead line, Monday 22 December 2014).

II Reasons for delays (longer) (four years in respect of enforcement, recovery, curtailment of

further wrongdoing: three weeks recently; last week) – at least be informed

If II can be dealt with in advance, by reading, I shall respond to any questions that you email me

or that come up on Monday. There is over a decade of criminal activity from July 2004 including

across courts and jurisdictions including the Crown dependencies. The evidence is public

(www.inthepublicdomain.net under RESOURCES; folder 12 10 23 pointing to a DROPBOX) and

not disputed. It is not required per se to complete the task or be sufficiently informed on delays.

Evidence supporting a claim form in each of my six-year damage mitigation claims is included in

the claim form without separate particulars. No arguable issues are included. Admission

statements and delivery up of my property is required by way of response to the claim form.

Judiciary and counsel are witnesses

Please note that a large number of senior judiciary have become witness to the wrong-doing which

has taken place (using the court perversely to achieve relief it cannot give). Where this has

occurred they have sought to secure my assurance that they properly continue which without

exception I have given. This works well and is efficient. The disruption of doing anything else

cannot be contemplated.

There has been no formal reservation to judge and no formal preservation order on contaminated

files including those found in the QBD basement on 7 November 2014. This was HQ12XO3512,

me v Baker Tilly UK Group LLP & Ors (rest of group). I am in discussion with Joe McGarritty

MBE, clerk to Andrew Smith J. about reservation to judge. A team of twelve barristers turned up

without notice for three days in November 2012, an intense experience, with judges’ notes, that

cannot be repeated. His Lordship is working in the criminal court at the moment.






Page 4 of 21

Normal protection is of no avail

The wrongdoers are in principle bound by a stay by Goldring LJ, C of A, 7 August 2009. This is

so that I can secure enforcement in particular when the six year dead lines hit (default judgments

22.12.10 (v PwC); 15.4.11 (v A&O); 18.7.12 (wrongdoers in the court); 27.2.13 (Baker Tilly UK

Group LLP & Ors, rest of group). It is also to block ploys to use devices as (i) the Mental Capacity

Act, (ii) websites which take electronic feeds with false information, (iii) made up “civil restraint

orders”, (iv) the bankruptcy and companies court to eliminate me in one (bury served claim form),

after I had entered default judgment which bankrupted the wrongdoers, whilst using their

“bankruptcy estate” held on trust for me, to go around again in a pre pack “administration”, (v)

planted false evidence attempting to discredit me where I have witnessed, Parliament, my MP (City

& Westminster), Parliamentary Commission on Banking Standards, Institute of Chartered

Accountants in England & Wales, SFO, FSA, CIB/BIS prosecution, Commercial Court before

Andrew Smith J., November 2012.

They have operated in contravention of this STAY; contravened delivery up orders from 2006 of

my property and records; refused to return my property and exit; omitted to file the mandatory

Notice of Funding where arrangements are in place on a timely basis or at all; resorted to hacking,

theft, use of the basements in RCJ/Rolls; smuggled forged evidence to secure false embargo’ed

“judgments” published on public websites; relied on subscription only services to publish

materials on which others could trade; used intruders and private investigators; resorted to use of

SECURITY to distract me whilst false documents were obtained and used; agreed that I would be

treated as incapacitated under the MCA, with CRO and with a “trustee in bankruptcy” whose

“solicitor” is my solicitor on these events six years ago; and to physical violence (28.3.13).

This last was by calling in police on 28 March 2013, when I had notified I was attending for a

friend to collect on inspection what were public documents (HQ12XO3512) and they tried to get

my copy of the N227 (judgment) from me and failed. I was dragged through the courts and pushed

to the pavement, in the most extraordinary act of degrading treatment and public humiliation.

SECURITY had been called in on 18 July 2012 (the day before City police refused to provide

protection in courts). I have to notify attempted attendance in advance otherwise they have said it

is not safe to come in. Access to judiciary has been virtually impossible.

Those affected include those suffering untimely death and families, including where principal

bread winners have not been paid for a number of years, including in my investee companies. A

Jersey Investment company has been stolen and “dissolved”. A systems and engineering company

in space and defence has been closed and staff are at home waiting re-establishing (from June

2011). It was co founded by me under the Enterprise Investment Scheme (1994) and others

including the European Space Agency’s Technical Authority on ground control systems and

simulators, after one of the team had received an OBE for export services in the space industry.






Page 5 of 21

Share certificates in regard my controlling stake in a public company I co-founded have been

stolen from vaults by RBC, where they were stored to be used in a bed and breakfast transaction

in August 2007. This was to chrystallize capital losses to offset capital gains as recovery from

damages comes from the court (held up since then, gross value £21m then conservatively

estimated, HQ06XO1803, stuck from 2008 when Master Ungley retired and it was not re-

allocated, D&CC). “Outwalleting” (from 4/05) has relied on using our resources under the control

of our supply chain (lawyers, bankers, auditors, experts) against us including by passing to others

to also use against us without our knowledge.

Legal representation

The identity of my legal team remains privileged information. Some have received threats and a

number have been the subject of attempts to compromise them including by applying leverage on

me to give up my property and rights. I remain advised but advisers are not overtly visibly to the

courts and therefore the aggressors. This low profile will continue until first interim payments are

ordered (£1.7m from January 2011; £5m from December 2012; £10m from last month) which will

reflect that the position has reversed finally. Claim forms have not been made public on

inspection although properly they ought to have been.

We have been kept in circumstances of forced labour for no pay now since 2005 without respite:

further procrastination will increase the untimely death toll. I believe those over 80 years of age

should not be forced to toil in this manner or to suffer the uncertainty of the courts such as the

simple task of issuing or collecting copies on inspection from a file which is maintained and not

contaminated.

I have been up to Liverpool Chancery Div District Registry a number of times, not least when

Ryder J asked King J on circuit to inspect 0LV30091, me v Allen & Overy LLP. It turned out that a

number of “orders” purportedly coming from Circuit Judge Gore had not, nor had a purported

order by Simon J sitting in Manchester District Registry QBD, discovered in June 2011 by King J.

Master Kay gave directions on an application and I dealt with it in a draft judgment for His

Lordship to consider. The papers did not reach Simon J (who in fact knew nothing of the matter)

and “Owen J” directed that “Simon J” did not direct. This was issued in Liverpool at the request of

DWF. It awaits a London Chancery judge to call to Rolls Building for recovery (from April 11).

This was issued on the six year dead line of 3 December 2010, but DWF walked out before entry

of judgment on 15 April 2011, on being threatened by Andrew Clark A&O PI partner. The

deceased was A&O’s client (4.12.09) suffering untimely death due to five years of alienation from

estate and separation of family from each other. Her identity has been taken and used in a

dispute between A&O and the Royal Bank of Canada in August 2008, which we discovered in

2014. A&O is compelled to reconstruct records from 1988 (not hard as there are counterparties).

However in August 2008, Royal Bank of Canada told A&O the family were suing them via RBC (as

“trustee” which they are not and never have been). They succeeded in alienating A&O and making

them hostile to us, when we needed them most and did not know. A&O choose not to tell us.






Page 6 of 21

Statute of Limitation – prolongation to enforcement means more must be issued

This is the fifth of statute of limitation damage mitigation mandatory claims (civil relief to recover

cash, property, goods etc which have been stolen, recover documents or reconstruct them plus

damages for theft of identity and judicial standing with loss of opportunity). The process of issue

has always been relatively automatic, not involving a judge. Court officials have asked for the duty

High Court judge to “step into their shoes” solely due to the consequences of the delays in

enforcement from 22 December 2010 (first unchallenged entry of judgment in default of

acknowledgment of service or defence) in the process of issue. This is mechanical in itself in that

no judicial discretion is involved.

However the circumstances causing the delays in enforcement and recovery (four years) and

consequences are not mechanical; have been hard fought; have increased the number of claims

which have had to be issued under the Statute of Limitation in respect of damage mitigation; and

have all at their heart sought to defeat the statute of limitation effectively by abandonment,

caused by usurping my judicial standing, leaving me in a state of lack of knowledge of what is

being done in my name or why, using devices as the Mental Capacity Act from 18 July 2012

(official solicitor) together with the bankruptcy court (official receiver), where there is no

jurisdiction and can never be, including to repair.

Although such circumstances are ultimately futile, if they go on long enough, those affected face

potential mental breakdown, protracted existence in poverty and simply abandon what is theirs

because they cannot hold out. This is the eleventh Christmas in these events which we did not

start but from which we have not been permitted to exit or to have respite, constantly being kept

at work with false hurdles and burden shift without the requisite knowledge to address it.

The first usurping of my judicial standing by A&O and Herbert Smith was in September 2005,

nine years ago. (“consent” signed without my knowledge or authority). The second was after I had

recovered in principle by November 2006 (but not knowing about the Iron Mountain fire in July

2006). By July 2007, the Mayors & City required an account of £2/3m from Russell Jones

Walker (now “Slater & Gordon UK LLP” default judgment 18.7.12) but did not pursue the matter,

insisting on a trial with no accounts ledgers paperwork. After the “trial” started they provided

their office account, showing that no transfers to client monies had been made and some

transfers did not even appear at all. The accountant they promised would attend for XX was

pulled. In XX they said a schedule they had of “payments” and “amounts” was created for the XX,

and was neither a contemporaneous record or an extract from the ledgers. The client monies was

set to be recovered in the costs court on 15 January 2009, which court deals with solicitors bills

and client monies. The wrongdoers who cancelled this did not want me to recover my client

monies and referred to a “costs trial” which was not in point. They cancelled a reinstated date in

April 2009. They showed the court what they were doing (23 December 2008) but not me.






Page 7 of 21

On inspection in April 2012, when police were due to attend but were put off by the court, this

was not on the file. It was “discovered” off the file in August 2012, after judgment in default of

proper return compliant with the rules was entered against the wrongdoers but not the Royal

Bank of Canada and its staff (Rider C). An underlying secret agreement attributing the loss

suffered to family and not RBC was first provided by RBC in 2013, unbeknown to all concerned,

with the key draft CONSENT in the appendix omitted (Rider B). It gave a cause of action to any

person breaking the secrecy covenant. It allowed RBC to attack the family, estate, investee

businesses masquerading as third party lawyers whilst securing confidential information from us,

“as though” we were on the same side. This extraordinary acting whilst in conflict may be

unprecedented even in banking circles. The pattern has continued.

Part I Task: “what would you like the judge to do?” –

“respond to request to issue by 22.12.14” and

“be informed on effects of four years of delay in enforcement/consequences”

Form of output

(1) To be informed on these matters (consequences of enforcement delays since December 2010)

in order to support court officials in being confident to issue. This does not per se require deciding

in which High Court to sit, as there are no “applications” or discretionary matters to judge, merely

an attendance record.

Detail on choice of wording of assurance to court officials:

I would prefer that “please issue” and not “permission to issue” is not written on the claim form as

it denotes judicial discretion. This has caused problems in the past which wrongdoers have used

opportunistically causing further delays of over two years.

On 24 August 2012 a QBD Master (now retired) wrote “permission to serve required”. I followed

this instruction out of respect (I was told there is no law or rule to bring in discretion which is

what I had understood). However the defendants secured the issued not served claim form by

hacking and theft, later stealing two critical certificates of service and procuring the

disappearance of N227 (entry of default judgment); renaming the file to remove the defendants

names; burying it with contaminated materials they had planted in the QBD, and taking the

served claim form and planting it in a bankruptcy court file, where there is no jurisdiction. The

QBD file was found by Master Leslie on 7 November 2014. Dr Baister came down to the counter

to see me three weeks ago, Friday 28 November 2014, saying he would deal personally with the

file with a bankruptcy court number to which my identity had been attached. He said not that day

but the following week. I have not heard back. I do not plan to press him for the present due to

the seriousness. The STAY from the C of A, two grades higher, with the fact that the served Claim

Form HQ12XO3512 is on the file shows the aggressors wanted at least HQ12XO3512 and my

judicial standing abandoned including in regard the four default judgments already entered.






Page 8 of 21

Part II DELAYS IN ENFORCEMENT AND IN LAST THREE WEEKS TO 19 DEC 14

This rest of this record is to address the reasons for delays. The fresh claim the court has been

requested to issue is complex (hard and secretly fought). The reasons for delay should be brought

to judicial attention (because fought so hard and officials want this). The reasons should not per

se get in the way of the required task of (i) issuing and (ii) informing clerks that if there is no bank

account, statements cannot be provided for fee remission. They do not know what to do.

There have been two hold ups.

Hold up (1) three weeks recently (2) since December 2010

The recent was that three weeks ago on Friday 29 November 2014, Dr Stephen Baister Chief

Registrar of the Companies and Bankruptcy Court came down to the counter to see me, explain

that he had file 3630-2013, a file started on 16 August 2013, involving the theft of my identity,

containing false materials planted there, records of thefts and destruction which have already

taken place (Jersey investment company, share certificates over controlling stakes in public and

private engineering businesses including in space and defence), others yet to come (£2.75m

properties), six figure amounts of cash, records from 1988, life time tax planning and the served

claim form HQ12XO3512, 6 December 2012, default judgment 27 February 2013, v the Baker

Tilly group. Dr Baister has not returned the file as he is “dealing personally”.

An interim payment of £5m due 21 December 2012 had not been ordered (draft orders have got

caught up with Stephen Whittaker’s departure and, more importantly the retirement of Sir

Andrew Morritt, Head of Chancery, and presiding on behalf of the C of A. His Lordship had these

papers at the request of QBD and to then give Sir John Thomas, then P, at QBD’s request.

Suzanna Gifford, clerk was sure His Lordship gave them to Joanna Otterburn, private secretary.

Ms Otterburn claims she has never seen them, and Elaine Herbert, has written to say she will not

pass this to His Lordship’s successor. The pack has been re-sent by tracker and confirmed

received by the LCJ (July 2013) . These are blocked in the intray by Ben Yallop, private secretary.)

The judicial office say they can do nothing about this.

The complexity has been under the Statute of Limitation. Seemingly when a crime has been

committed and the wrongdoers are held to account by victims it can happen that the wrongdoers

do not attempt to defend the entry of default judgment but seek afterwards to block enforcement

(eg getting stolen money and goods (property) returned, and damages where the wrongdoers have

destroyed what came under their control, so that it cannot be returned).

On Thursday 18 December 2014, Master Eyre on practice in QBD, standing in for Master Kay QC

(Admiralty & Commercial), told me that it is impossible to legislate for every eventuality in terms

of retaliation (often called "collateral attacks") and the issue should take place on Friday. As it is

CommCt, not QBD, he could go no further. Friday was lost waiting all day until I was told judges

had departed so the duty judge would need to be engaged. Contact was made.






Page 9 of 21

There is no good reason why the issue was not executed routinely by CommCt clerks on Friday as

they normally do or causing me to wait all day before saying it was not going to be done. Since 22

December 2010, when I entered judgment in default of acknowledgment of service or defence

against PwC the retaliation had increased in aggression. As others, his is a mandatory damage

mitigation claim on the six year dead line in regard aggressive damage mitigation burden shift

using my money, resources, estate and records against me. This was predicted and predictable

from 2005 as seemingly these days those who default no longer undertake damage mitigation

(there is a duty) but instead operate using risk shift and risk elimination devices. These include

those entitled to recovery being deprived of enforcing their judicial standing and other forms of

surrogates both abandoning this and taking the upside in regard tangible assets and not

pursuing enforcement to the benefit of those against whom judgment has been entered.

These devices include using the MENTAL CAPACITY ACT 2005 in conjunction with a

BANKRUPTCY COURT number (official solicitor and official receiver). There has been an

attempt to do this in my case, which although of no effect and futile, is extremely stressful. The

events are a contravention of a STAY by Goldring LJ, from 7 August 2009, to avoid such

devices (including mimicing a bankruptcy to circumvent the Statute of Limitation after default

judgment has been entered): contempt proceedings are now seemingly inevitable.

Untimely death and other destruction has ensued (from December 2009) permanent in effect,

which recovery of what has been stolen and damages cannot ever restore. The privacy in terms of

identity etc that we have requested from the court has been granted informally but not in writing

and has been ignored: family names including deceased have continued to be used in a decade of

public humiliation. In the case of the Royal Bank of Canada (the defendant in this fresh issue on

the six year dead line) they have gone so far as to break into secure vaults holding business and

family records from 1988, belonging to another business Abacus (formerly Coopers & Lybrand

Jersey), which they purported to buy (but could not under Canadian Banking law). Some have

been transported to a third party who gave them to private investigators who attempted to locate

witnesses (by intruding) and dumped the boxes in the street by the Corporation of London skip.

The bank with others has sought to "mimic" a bankruptcy but they were caught out by the LAND

CHARGES REGISTRY by 17 December 2013, where names must be correct. The records were

kept off the file when inspected on 22 and 29 January 2014 - it transpired that Reg Derritt's

instructions to Helene Newman to resolve these matters on 23 Dec 13, were not carried out, as

Helene had gone on Christmas holiday and omitted to address them when she returned: file

inspection team deal with what is on the file, not off it.






Page 10 of 21

It has since transpired that staff of the Insolvency Service have been planting false "evidence" from

22 January 2013, also kept off the file, whilst writing to me saying they did not want to meet,

including after I had accepted an invitation. My mother lost her eye sight on 27 December 2013,

as blood pressure soared and vessels burst from shock. The anxiety and pressure this week did

not result in the claim form being issued on Friday. I was very concerned about her survival over

the week end. On Sunday morning she fell on stairs in the dark and is now immobile as well as

blind. I believe it should not be so difficult and terrifying to get a claim form issued on time.

Changes in BIS/the Insolvency Service

Dr Richard Judge, Chief Inspector of Companies and CEO of the Insolvency Service, key witness

on these events, has now left the service. I was told that he was required to report to the

Permanent Secretary before he left (first week in November 2014) but no one is confirming and I

am left completing the reports. I have been a witness to CIB from September 2005. CIB has

effectively gone, re-branded "enforcement" and now works on discovered wrongdoing AFTER an

estate/business has gone down. This means no one is investigating and prosecuting those who

bring down private estates and businesses, including on these events, RMS Tenon Plc in the

companies court by CMS Cameron, Baker Tilly partners Lloyds Bank, Canaccord Genuity, others,

relying on silencing me, the principal creditor of the former Baker Tilly estate, damages to be

assessed starting at £200m. No prosecutor will plug the BIS prosecution gap.

Alan Evans head of BIS legal including prosecutions has also departed. CIB was required by

court order to report to QBD by 21 April 2011. It defaulted due to intervention by BIS legal. The

relationship between the Insolvency Service/BIS and courts is complex. This IS published

“Insolvency Practitioner” numbers, rather than VAT trader number and address for service of

documents and handles personal data secretly which makes accountability and recovery from

wrongdoers virtually impossible unless the court is engaged. Errors have no repair route.

Royal Bank of Canada revealed after judgment entered against its agents to close me down

It emerged in August 2012 from the Mayors & City County Court that on 23 December 2008 an

agreement was entered whereby my judicial standing was usurped and hearings to recover cash,

records, and start damages finally (delayed three years) were cancelled by those with no standing.

CONSENT was signed by a Simon Rylatt, Boodle Hatfield, on behalf of the DEFENDANT, who is

identified, not as me, the true defendant in fact on course to recover, but the ROYAL BANK OF

CANADA. There was a made up "judgment debt" agreed by those involved, and a made up "risk on

property". The dates these were set to unravel were 5 January 2009; 15 January 2009, 20

February 2009, and when I reinstated one on 15 January 2009 (recovery of £2/3m of CLIENT

MONIES), it was cancelled again. On 23 July 2007 there had been an order for CLIENT MONIES

ledgers to be made available (there were no bills) and an Account. A letter came a fortnight later

saying there was no ledger and no monies had been held in Client Monies account (below 8.8.07).






Page 11 of 21

What started to unravel/be revealed from August 2012, previously kept secret

The transaction between RJW and Angus McNicol of Foot Anstey was that he could keep whatever

he got so long as there was no come-back to RJW. The theft of the cash is on police records from

28 Feb 08 CR/1611/08. Judge Simpson retired in July 2008 and post retirement signed off the

stenographers records (first time that this had happened in the M&C). This was then lost until

over a year later which has added to the strain. He died in January this year and was buried in

April. His involvment has been relied on since by the wrongdoers (before Andrew Smith J, Nov 12)

but I have chosen not to respond as I do not consider it respectful.

McNicol proceeded to name Foot Anstey/himself as “claimant” or “judgment debtor” as it suited

him, including before Master Fontaine in QBD in November 2008, when counsel failed to

persuade her she had no jurisdiction over Reading court or at all to cancel an application that

had not been heard. Bailiffs connected to Blandy & Blandy had mounted a terror campaign from

summer 2008, causing me to have to go into hiding because police would give no protection,

having refused to act when the theft was reported, saying if the wrongdoers were using the courts,

the court could deal. My HSBC bank account details from a cheque for Client Monies was passed

to McNicol, and he used it in the court and with inside help from HSBC to freeze and sweep my

bank accounts in December 2008, which were being groomed for passing a bribe of £127.5k to

him, "as though" I knew about this, agreed and was "borrowing" to pay him. The Sean D Jones on

the HSBC paper, according to the bank (but not written) does not exist (Rider A of claim form).

In 2013, a second incomplete secret agreement emerged: the back page being the draft consent

order has not been given to me until now- it will need to be delivered up in the reliefs. This was

signed on 9 January 2009 based on the agreement with RBC as principal which was struck on

23 December 2008. (Rider B of the claim form). This was AFTER the 5 January 2009 hearing

was cancelled under the terms of the 23 Dec 08 agreement. I had been asked by the bank to give

them a first charge on properties I own, so they could protect them ( I hold an unlimited

indemnity from 1996 when I agreed to take a company to the main market). This was July 2008,

on discovery they had not already registered, locked in a dispute with A&O as to who was to

blame. They unilaterally removed this in March 2014 to release them for opportunists to take if

they could to protect from having to account to me for what they have done in secret.

This second secret agreement used family names. It purported to mimic an indemnity to agents in

regard actions initiated by the ROYAL BANK OF CANADA. RBC sacked its barrister, who was

representing it on removing false charging orders for which permission was given. This was purely

on law as there were no disputed events. McNicol, Foot Anstey solictor responsible, had issued a

witness statement with an "apology" for not telling the truth when planting these on the Land

Registry. [NB it has since emerged that the Land Registry operates a dual system. For land

owners/public there must be a witness statement. If a conveyancer (any solicitor), this is not

required.] However this was not enough to get them removed.






Page 12 of 21

Circuit Judge Trent asked counsel to take this removal on appeal (5.1.09) because he was

concerned of back claims and wanted to improve the operations of the court prospectively to align

them with the law: i.e. if you get an "advantage" dishonestly, it automatically fails without burden

on the victim, the technical position in statute. He decided RBC was at fault as they should have

protected the properties from opportunists and had not (as I have an unlimited indemnity from

March 1996, when I agreed to float a company for Abacus: RBC assumed this unlimited liability

when it purported to acquire Abacus in November 2005 but kept it off its balance sheet

apparently hoping it could be buried). I had entered the protection for them in July 2008, when I

discovered the omission.

The bank sought to blame A&O, who they said they instructed by them in April 2008: however

A&O (my lawyers) had warned them on Monday 31 March 2008 that opportunists were at bay.

A&O advised me not to be bullied in regard "bankruptcy" used as a tool.

Records of family estate and businesses from 1984

However A&O had collected our family and business records from 1984 including those they were

working on and in the fire proof vaults. This was when they were getting ready to "defend"

Companies Court proceedings (there is no proper defence to a claimant seeking access to what

they own) seemingly in order to obstruct access. These were finally issued by Herbert Smith on 29

September 2005, the date that PwC improperly removed an adverse report on proper records,

6530-2005. Service was deflected: A&O filed a defence in the acknowledgment without the

knowledge or authority of the company of which I was director, and proceeded with HS to file a

CONSENT to a STAY, without the knowledge or authority of those whose judicial standing was

being taken and used against them.

That is the current status of those proceedings, well over 9 years later. Obstruction of access to

what is mine has also been in contravention of delivery up orders dated 6 October 2006. The

records with A&O were (they finally stated in August 2009) placed in Iron Mountain and burned

on 12 July 2006. They include the evidence of my estate, deeds, leases since 1984 and all

business transactions. They included the records involving Abacus: in September 2008, Andrew

Clark, banking litigator A&O ordered RBC to “close the family files” but “keep the relationship”.

Neither side told the family, nor that RBC had written to David Morley, senior partner A&O in

August 2008, “as though” they were representing the family to say that “we” were suing A&O. This

left us completely unprotected with a records reconstruction exercise delayed from July 2006.

During 2004 A&O were preparing “bibles” and transferring legal title etc: that is a decade in which

our lives have been frozen and out of our own control (Chancery OLV30091, default judgment

15.4.11 awaiting London Chancery judge to permit the move to London, court file in QBD since

August 2012, waiting. Issued in Liverpool by DWF).






Page 13 of 21

I hope that this letter addressed adequately the questions to which you requested that I respond

in order to secure access to the judge on duty for emergencies and dead lines. Please tell me if

more is required. I seek a “please issue” for the court staff and a note on the fee remission paper

that if a person seeking relief has no bank account (HSBC in my case) because it has been closed,

they cannot provide the last four months bank statements because they do not exist.

I am close to Rolls Building and can come before the first application, if Newey J prefers. Leaving

my mother now for a long time is a big risk, so if this earlier arrangement can happen, I believe it

would be safer. We are grateful to you and to His Lordship.

Mira Makar MA FCA (Miss)

trustee and executor, Siham Sami Raouf, Order of the Republic (d. 4 December 2009)

333 Cromwell Tower

Barbican, LONDON EC2Y 8NB

00 44 (0)7768 610071

Below: the following pages indicate the agreement on 23 Dec 2008, how not revealed until August

2012, after default judgment and how afterwards the Royal Bank of Canada took over to ensure

that MM’s judicial standing taken on 23 December 2008, would be made to stick.

“you have no judicial standing” 5 December 2014

Jonathan Wyles (Reynolds Porter Chamberlain LLP) – Mental Capacity Act and Bankruptcy

court file from 18 July 2012

14 Slater & Gordon UK LLP (RJW)

Default judgment 18 July 2012

15 Baker Tilly UK Audit LLP auditor Slater & Gordon UK LLP 3 October 2013

15 RBC promise not to touch

family monies/records

19 Dec 08

16 RBC with HSBC & McNicol Freeze HSBC accounts 19 Dec 08

17 Mayors & City informed about

secret agreement: reveal

August 2012

Wait to 29 Dec 08 but do not

reveal the 23 Dec 08 agreement

(Rider C)

23 Dec 08

18 Kingston Smith LLP Default judgment 18 July 2012

19/20 Angus McNicol/Foot Anstey Admission no Client Monies

account/ledgers

8 August 2007

21 Fladgate LLP (“mediator”) Default judgment 18 July 2012






Page 14 of 21

judgment in default of proper return compliant with the rules (admission) 18.7.12 on the back and 23.7.12

on the front. Slater & Gordon UK LLP formerly Russell Jones Walker theft of client monies, property and

bank account details (HSBC) used to freeze bank account and groom for bribe, agreed with Royal Bank of

Canada, but paid directly to Foot Anstey Client Monies A/C Lloyds Plymouth, agreement 23.12.08






Page 15 of 21

As at 17 July 2012 Penrose Foss (Baker Tilly lawyer) had put RJW, “Slater & Gordon UK LLP” from April

2012, together with the “Baker Tilly/Reynolds Porter Chamberlain LLP” exposures. Slater & Gordon LLP

Australia (quoted) are audited by the Baker Tilly associate firm. As at 18 July 2012 she agreed with Colum

Leonard (Master) that the files would be removed.

On 23 December 2008 McNicol’s agreement with RBC was that MM would pull out of the costs court

“as though” there were proper litigation expenses to be assessed and not the application of the

Solicitors Accounting Rules concerning Client Monies and their return.

22 December 2014 is the six year dead line v Royal Bank of Canada and Jeremy Smith

On 19 December 2008 RBC committed to not touching client monies to do their deals and continued to

pretend they were on MM’s side and not interfering in her affairs. The true position was that they had found

it convenient to align themselves against her, sack counsel, and underwrite the position of the aggressors for

a common or shared purpose (Criminal Law Act 1977 offence with cause of action in the contravention in the

proper conduct). This was partly discovered in August 2012 (Mayors & City) and partly 2013/4 (RBC).

From: "Smith, Jeremy" <[email protected]> To: [email protected] Cc: "Fromage, Mark" <[email protected]> Sent: Friday, 19 December 2008, 17:57

Subject: FW: URGENT FREEZING OF MY BANK ACCOUNT AT HSBC Dear Mira

Mark Fromage has referred the attached to me. I can confirm the following: 1. RBC is not party to the freezing order on your HSBC bank account. 2. RBC has not committed to pay any cash to your HSBC account from your offshore structure. Regards

Jeremy Jeremy P Smith Private Client Director RBC Wealth Management RBC Trust Company (International) Limited La Motte Chambers, St Helier, Jersey JE1 1PB, Channel Islands Telephone: +44 (0) 1534 501533Fax: +44 (0) 1534 501922E-mail address: [email protected] Web: www.rbcwminternational.com Royal Bank of Canada ("RBC") is represented in Jersey by various RBC companies that form part of the RBC Wealth Management network. Trust and fiduciary services are provided in Jersey by RBC Trust Company (International) Limited ("RBCTCIL") and various sister

companies. RBCTCIL is regulated by the Jersey Financial Services Commission in the conduct of fund services and trust






Page 16 of 21

company business and by the Guernsey Financial Services Commission in the conduct of fiduciary business. Registered Office: La Motte Chambers, St Helier, Jersey, Channel Islands JE1 1PB, registered company number 57903.

A full list of the RBC subsidiaries in Jersey and their regulatory status is available upon request from RBCTCIL. Royal Bank of Canada's Private Client Fiduciary Services terms and conditions are updated from time to time and can be found at www.rbcwminternational.com/british-isles-offices.html

From: Mira [mailto:[email protected]]

Sent: 19 December 2008 17:30

To: Fromage, Mark

Cc: Dearie, Frank; Brooks, Richard; Mira Makar

Subject: URGENT FREEZING OF MY BANK ACCOUNT AT HSBC

Dear Mark

Please see the attached.

It appears that some agreement has been reached that:

my HSBC bank account is frozen with effect from to-day;

RBC has committed that substantial cash will be paid into it.(unclear funded from where).

I am as mystified as you possibly are. RBC removed Phil Le Vesconte and Andrew Perrin from my

family’s affairs and no replacement has been agreed. Jeremy Smith who you say is on the system

has declined to be introduced to me to consider his as a possible replacement candidate.

My ongoing relationship is with the directors of tax who have a direct reporting line to me.

I have asked that you obtain confirmation before everyone goes home to-night, that no cash has

or will be transferred and what agreement has been entered into in respect of 1.

Steve Ritzema has worked for the bank since 19 March in respect of these matters and

unfortunately attention in respect of my trust, the agreement of the new trustees and the

preservation of my relationship with the Directors of Tax has fallen several months behind.

Many thanks for obtaining assurance this evening.

Kind regards

Mira Makar

NB MM and family have no contractual or trust agreements with the Royal Bank of Canada






Page 17 of 21

From: "Cullen, Vince L" <[email protected]>

Date: Mon, 29 Dec 2008 13:00:52 -0000

To: 'Mira' <[email protected]>

Subject: 7EX00719. Russell Jones Walker -v- Makar

Dear Ms Makar

7EX00719. Russell Jones Walker -v- Ms Mira Makar

Thank you for your letter dated 23rd December 2008 which was received by Email and passed to

the District Judge.

The Judge considered your letter today but is not prepared to answer general correspondence in

this case. He advises that you must make a formal application on notice. Please find enclosed a

Form N244 which you can use to submit an application. This must be accompanied by a court fee

of £75.00 made payable to HMCS.

We look forward to hearing from you.

Yours sincerely

Vince Cullen, Customer Service Manager, Mayor's & City of London Court Tel. 020 7796 5411

[email protected] <mailto:[email protected]> ü Protect our environment - save paper - do you need to print this email? -----Original Message-----

From: Mira [mailto:[email protected]]

Sent: 23 December 2008 16:13

To: Cullen, Vince L

Cc: Mira Makar

Subject: PRONTAPRINT are faxing to 0207 796 5424 but here is third time lucky anyway. Mira

HMCTS were informed of agreements involving the Royal Bank of Canada, HSBC and others, 23 December

2008 (Rider C of new claim form), but choose not to inform MM until August 2012 and the record was

kept off the files up to and including inspection in April 2012, when City of London police were expected to

attend but were put off. Police classified in March 2012. August 2012 was after judgment in default of proper

return compliant with the rules was entered. Judge Birtles authorised release then. He retired April 2014.

The secret agreement they entered to take MM’s judicial standing and provided for a cause of action if

secrecy was broken. CONSENTS were signed in her name and hearings to regularize cancelled in her name.

The Boodle Hatfield defendants filed “defending” in July 12 but did not. The court may make a finding of

contempt. The revealing of the secret agreement involving the court on 23 December 2008 in August 2012

was expected to give rise to a cause of action by MM v the Royal Bank of Canada that would shelter the 2012

Folio 336 defendants and require a fresh claim by 22 December 2014. By malicious hearsay around the Rolls

Building that there is a “trustee in bankruptcy” and keeping MM waiting all day until closing time, saying

“judges gone for Xmas, see duty judge”, it was hoped that the new issue would not happen. Neither the

notional “trustee in bankruptcy”, Paul Atkinson, nor his notional solicitor DMH Stallard LLP have responded

to final notices of joining, delivered up personal data or have any authentic documentation validating their

silence.

DMH Stallard LLP are MM’s advisers on these events from before 2008. The N227s and N30s stamped 18

July 2012 on their back were scanned in their offices on 19 July 2012, when Rolls was evacuated due to “fire

found” before being returned to Security and Rolls Building, where they disappeared in the basement rather

than making the claim form available on inspection and interim payments progressed. Thefts have taken

place throughout 2014 initiated by RBC whose agents these have shown themselves to be, with a view to

defeating the statute of limitation so the theft of judicial standing is complete “you have no judicial standing”

5 December 2014 Jonathan Wyles. “We deny any liability for what is happening to your mother” Alan Pearce

Royal Bank of Canada December 09, just before her sister passed and she had a trauma related heart attack

and cardiac arrest, likely to be fatal if repeated. Unbroken burden shift work without respite for the next five

years ensued and the six year dead lines hit. For each it was hoped no more would be needed. Seemingly

the Dec 08 agreement could only be pursued to the end such that the stolen judicial standing would be

made permanent without recourse in particular by being out of time and therefore “abandoned”.






Page 18 of 21

Where there is a litigation construct, as that between Reynolds Porter Chamberlain LLP and Baker Tilly UK

Audit LLP, whereby the second reports as purported auditor on the first, in exchange for the first eliminating

fatal contingencies on a “what you can get away with basis” the auditor of the second cannot report properly

and warn the public without prejudicing “what you can get away with”. They are automatically complicit.

Kingston Smith LLP (auditor of Baker Tilly UK Holdings Ltd) inclusion is not hostile and protects from Part

20 exposure. Junior barrister Nicholas Pilsbury, Hailsham, has not helped Kingston by exhibiting a lawtel

subscriber feed saying 2012 Folio 336 struck out. He has not helped himself by omitting to tell Andrew

Smith J in November 2012 that Kingston had already signed the March 2012 accounts in October 2012, and

would proceed to rely on stealing the Baker Tilly UK Holdings Ltd and Baker Tilly UK Group & Ors

certificates of service stamped 10 December 2012 (HQ12XO3512), theft discovered 7 November 2014 from

the file in the basement, before filing in Companies House, published 18 Dec 12. Warning to Cos House

(17.12.12) has no route for action, as CIB has now effectively disappeared, with the DTI and DTI Inspectors.

Dr Richard Judge Chief Inspector of Companies, CEO Insolvency Service, left post start of November 2014.

The served claim form and particulars was discovered in the bankruptcy court 3630-2013 (with Dr Baister).






Page 19 of 21

No fees were due from MM as there were no bills and had there been any, they were for the

insurer, Allianz, not MM. A solicitor who walks out without proper cause is not entitled to

remuneration. Therefore RJW raised no bills and secretly told Allianz that MM had walked out.






Page 20 of 21

Admission 8 August 2007 that no Client Monies Account or ledgers

Contract for services was between Allianz Legal Protection (ALP) and RJW, confirmed 30.6.06.

RJW walked out at the end of August 2006 saying “we have no staff for September 2006” and

later to at least mid October 2006. In mid October 2006 ALP wrote to RJW who replied. Both sides

refuse to provide the exchange. ALP are defendants. Delivery up was due by 18 July 2012.

In June 2007 ALP told MM to make a fresh claim for indemnity from ALP re RJW, although the

problem was theirs not hers.

MM did as requested. ALP sent this to Huw Davey Fleet Solicitors four months later without

entering it on the underwriters list as notified. Davey turned it down, saying MM was

unreasonable to have delayed four months in reporting rather than mediating in the summer. ALP

did not provide Davey with MM’s Claim faxed to them and accepted by them June 2007.

The unity of ALP and Davey are “represented” by CMS Cameron McKenna, MM’s advisers on these

events from February 2006. They were informed of 2012 Folio 336 by 1 April 2012, when they

notified at the end of the year, they entered a conditional arrangement. 2012 Folio 336 was not

served until 4 July 2012.

A Notice of Funding must be notified as soon as entered. This arrived at the end of the year and

was not before Andrew Smith J in November 2012, and properly ought to have been. CMS

Cameron McKenna were acting with the Baker Tilly group and Reynolds Porter Chamberlain LLP

trading in the issued not served HQ12XO3512, which was wrongfully secured on 12 Oct 12,

discovered on 7 November 2014, in the file in QBD basement labelled Mira Makar v Rider One

instead of v Baker Tilly UK Group LLP & Ors.






Page 21 of 21

Fladgate Fielder now Fladgate LLP, instructed in mediation and keeping RJW out of court, after

court ordered on 23 July 2007 that client monies ledgers and account were to be delivered up

properly for returning client monies under SRA rules in the costs court [ No bills as walked out]


provided by: Mira Makar MA FCA 333 Cromwell Tower Barbican, London EC2Y 8NB [email protected] 07768 610071

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!view!from!333!Cromwell!Tower,!Barbican,!City!of!London

understanding the farringdon bond official receiverÕs...

Documents