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Tuesday, 14 February 2012

Court rules St George's Day isn't special, in ENGLAND!


Some years ago Neil Addison, a barrister, and I conducted a case challenging, pro bono, the ruling of Norwich Magistrates that St George's day wasn't special in England.

It is a measure of how far we have moved in a few short years since 2005 that when we did this we and our cleint were made to feel daringly out of line but now it is that court decision which seems crazy - rather than the standard official view which is what it was then - then naturally the High Court in effect upheld the Magistrate's decision!

Here is the skeleton Arguement as presented by Neil in open court:-

IN THE HIGH COURT OF JUSTICE C0/38172005
QUUENS BENCH DIVISION
(Administrative Court)


Re An Application for Judicial Review

TONY BENNETT v NORWICH MAGISTRATES COURT
(Licensing Justices)


================================================
SKELETON ARGUMENT – HEARING 28th NOVEMBER 2005
================================================


From

NEIL ADDISON
(barrister)

NEW BAILEY CHAMBERS
4th FLOOR
CORN EXCHANGE
FENWICK STREET
LIVERPOOL, L2 7QS

To

TILBROOKS
SOLICITORS

CLERK TO THE JUSTICES
NORWICH MAGISTRATES COURT

IN THE HIGH COURT OF JUSTICE C0/38172005
QUEENS BENCH DIVISION (Administrative Court)

Re An Application for Judicial Review
TONY BENNETT v NORWICH MAGISTRATES COURT
(Licensing Justices)

==================================================
SKELETON ARGUMENT – HEARING 28th NOVEMBER 2005
==================================================

Relevance of new Licensing Legislation

1) In the reply from the defendants in this case and in the refusal of leave to apply for Judicial Review the point is made that licensing legislation is changing and the Licensing Act 1964 will no longer be in force in 2006. It is respectfully submitted that that argument is accepted by the court then the effect is that the Claimant is entirely without any form of legal remedy even though he claims to have been treated unlawfully. It is respectfully submitted that such a response should be rejected by the Court.

The defendant is not seeking damages but he is seeking a recognition of the fact that he has been treated unlawfully. Even though a judicial declaration cannot change the past the obtaining of a declaration is itself a remedy which he is entitled to have.
As was stated by Lord Denning LJ in Barnard v National Dock Labour Board 1953 1 AllER 1113, 1953 2QB 18 (last paragraph of his judgement)

“In the course of the argument counsel was compelled to admit that if the plaintiffs had no remedy by way of declaration they had no remedy at all. ……….if the plaintiffs cannot get redress here they cannot get it anywhere else. I think that they are entitled to redress “
That judgement by Lord Denning was supported by the Judgements of two other Judges of the Court of Appeal.
Similarly in the case of R v Secretary of State for Social Services ex parte Association of Metropolitan Authorities 1986 1AllER 164 Romer LJ granted a declaration that certain statutory regulations had been improperly made even though by the time of the hearing the regulations in question had been superseded by new and lawful regulations.

Correction to Response by Defendants

2) In page 2 of the response from the defendants (paragraphs not numbered) it is said of Claimants Exhibit TB/4 that “only pages 16 to 20 relate to functions organised in 2005.”. This is incorrect pages TB/4 1-12 also deal with events in 2005. The list in pages 16 to 20 are also described as “relatively short”. A breakdown of the events in 2005 is as follows

London 16 events
Hampshire 4 events Norfolk 4 events
Kent 4 events Warwickshire 4 events
Bedfordshire 3 events Surrey 3 events
Berkshire 3 events Yorkshire 3 events
Dorset 3 events Somerset 2 events
Derbyshire 2 events Hertfordshire 2 events
Gloucestershire 2 events Suffolk 2 events
Sussex 2 events Birmingham 2 events

Cumbria, Oxfordshire, Essex, Manchester, Cheshire, Devon, Herefordshire, Isle of Wight, Wiltshire, Cornwall, Worcestershire, Lancashire, Leicestershire, Bristol.
1 event each

3) Furthermore the Claimant submits that any consideration of the legality and correctness of the defendants decision must be based not on their detailed response but on the Judgement that they gave at the time as set out in document TB/2 annexed to the Claimants witness statement. In that judgement they said that the events organised by the Claimant

“is not part of any national or local celebrations organised primarily by third parties instead it is organised by Mr Bennett and he would benefit financially from any extension. A licensee is not entitled to organise an event and call it a special occasion”

It is respectfully submitted that that paragraph in itself demonstrates that the decision by the Magistrates was perverse in that it ignored all the other events organised throughout England for St Georges Day. The claimant submits that any national celebration ultimately takes place within individual localities but celebrations organised throughout the country collectively constitute national celebrations albeit each celebration is local.

The Claimant therefore submits that the reasoning used by the Magistrates in reaching their decision was fundamentally flawed The Claimant did not invent St Georges Day, nor did he invent the fact that St George is the Patron Saint of England. The events he was organising were part of a large number of St Georges Day events being organised throughout England and should have been recognised as such by the Magistrates..




NEIL ADDISON (barrister)
NEW BAILEY CHAMBERS
CORN EXCHANGE
FENWICK STREET
LIVERPOOL, L2 7QS

49 comments:

  1. Are they forgetting that the scouts movement celebrates the day in question every year with a parade. Or is it that they do not see England as being English any more, perhaps if we tried to celebrate Edan ( the Muslim festival) we would gain the recognition we are after!

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    1. very well said. Bravo, bravo!!!!!!!!

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    2. Yes the Scout movement does celebrate St George's Day with a parade in some areas, but the parade does not take place on the actual day, as most children are at school. It usually takes place on the Sunday nearest to the date! Wouldn't it be wonderful to have the parade on the actual day? I fully support the recognition of the day, and think that as Ireland, Wales and Scotland recognise Saints Days we should be doing the same!

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    3. The main thing wrong with England is that english people aren't recognised! All official forms have ethnicity listings - you can be Irish, Scottish, Welsh or British!!! What the hell happened to ENGLISH?????

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  2. In a democracy it is an anachronism that those who sit in judgement of us are unacountable to the people.They are in essence autocrats.
    We the people therefore have a moral imperative to ignore their decisions that do not sit in accordance with our wishes.This is the only way we can overthrow the abuse of authority.

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    1. Well said that person!!!

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    2. With you ALL the way,

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  3. good for bringing this to our attention, as a company we always have the day off and the staff enjoy the extra day, the customers have only past positive comments and as a sales company every selling day is very important to us, what will you be doing I wonder

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    1. Well done you -totally agree!!!!!!!!!!!!!

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  4. As we live in a 'colourful' society, does everything have to be in black and white?

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  5. This not right at all! St.George is the patron Saint of England and we have right to celebrate this day. Scotland, Wales and Ireland celebrate their Saints so why can't we?
    Saint George is here stay whether you like it or not.

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    Replies
    1. well said ..... and so say all of us

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    2. Very well said.... I agree totally

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  6. This is a disgrace my husband and i celebrate St Georges Day every year as do the majority of our friends and family, to be told St Georges Day isn't special is ridiculous, my grandchildren are expected to join in with all the foriegn "special Days " such eids etc at thier schools but we are told St Georges day isn't special and displaying our St Geoges flag may offend other nationalities...well excuse me but we are English born and bred and i find it offensive to be told ST GEORGES DAY isn't special... It is to us and to those it offends well the door is open you may leave our country and take your customs back to your places of origin, please note i am not rascist i just want my HUMAN RIGHTS too celebrate our holidays/special days without being told its offensive..Thank You

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    1. I feel the same, and I celebrate it every year too

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    2. I believe if our Government was to grow a back bone and stick up for our rights as English, they would be classed as racist. What pathetic cowards they are!!!

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    3. Well said, More and more everyday folk are feeling the same the problem with us ENGLISH is we are to accepting of others who do not accept us as we do not like to make a fuss or cause an argument. Well I think the time has come for us to make a stand for our beliefs and keep an identity which day by day is being erased by, it seems everyone even our own MP's and PM. We are English and proud not British that is to broad a statement ENGLISH. Jonty

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  7. ppl died and fought for this country we should be allowed to celebrate like the rest of brish isles,we are turning into a pc nanny state its pathetic

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  8. Like the 'hated' English fans of football, and the less derided Rugby fans, make something of the garb of the day. Wear the English flag with pride, deck the local halls, and churches with it.If not that, then perhaps the ED's should start selling t shirts with the three lions of Richard I on them as that emblem is quintesentially English without the negative connotations ascribed to the flag of St George by liberals.

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  9. its about time that we stand up and be recognised as English this countrys gone soft the laws are rediculous and protect only the offenders, this land of ours needs sorting out and nobody wants to stand up and say enough is enough, its not about racism just shut the gates, stop benefits, bring back conscription and lets get a bit of respect back in this great land of ours.

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  10. I totally agree with everything thats been said, Scotland, Ireland & Wales celebrate their saints so why are we told we cannot, as for offending others who choose to come and live in our country, and who were not invited i might add, then its their problem. One extra days holiday for St.George isnt going to ruin the country.

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  11. Don't we already the curts and justice system neds to dis-manted and rebuilt and actually protect who it was set-up to protect. A court released a terrrosist all because of his human rights. What about the human right od all the innocent and the families of the people he help kill.
    And the Police wonder why crimes don't get reported!
    Perhaps only the democrats can bring back OUR English

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  12. When will we STAND UP & BE COUNTED !!! I am an Englishman living in ENGLAND The country of my birth. We need a leader to lead Someone to tell the World that England belongs to The English. Want to live here ? accept our laws & our way of life & our customs. WE don't want to rule the World & we will not be ruled by non English who believe they have the right to rule the World. If You don't wish to take up our way of life don't come here & go back where You came from. Or will You lose Your freedom in your own country b? We are free & wish to stay that way. ENGLAND AND SAINT GEORGE FOREVER

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    1. Well said..... Agree with everything you have said. It's about time we started to feel proud of our heritage and not be beaten down by the so called pc world of today. England and Saint George live on!!!!!!

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  13. we are turning into the red indians of america in this country of ours.all our values have gone due to it upsets the foreigners who now seem to be the voice of the u.k. We are now such a small portion that we can not be heard.

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  14. Well it's not our country anymore, is it? If you're proud to be English you're called a racist. Yet we have to put up with other festivals or celebrations from foreigners who are happy to call England their home all the while the country gives gives gives to them.

    English and proud, always will be.

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    1. Well said. These judgements only fuel the likes of the BNP. I am proud to be English but fed up with the media reporting on all ethnic festivals in this country except for St George's Day. If we are not aloud to celebrate our patron saint then all other ethnic celebrations should be banned in this country.

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  15. Purhaps its time for an English Spring !! It's time for the English to stand up and demand our democratic English rights, We must have our own parliament

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  16. While I agree with all the comments on here I am concerned that the majority hide behind anonymity, Why? if you are you are firm in your belief that you are proud to be English do not hide stand up and be proud. I fly the white dragon of the English outside my house not the Norman Red Cross of St. George I also think our Patron Saint should be St. Edmund.

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    1. Totally agree,with Mick Baker.
      I too fly the white English Dragon outside my home..Some locals were under the impressioin that the Dragon was the one St George killed !!!
      And out true patron Saint is St Edmund.....
      Many patriotic comments are posted on this subject, BUT have we patriots got fire in our Bellies to literally stand up and fight for our principles,similar to members the EDL who are fighting for their principles, for a unified England , with an English Parliament and only English M.P's to serve the English Nation
      The English have been under the subjagatioin of successive foreign rulers since 1066 ,its about time we reclaimed the right to govern ourselves.
      Many English organisations now exist , these need to come together, organise and light the torch of English nationalism in the Hearts of our people.

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  17. I have read all of the above comments, and heartily agree with them all.
    From another proud Englishman.

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  18. I have read all of the above comments and heartily agree with ALL of them.
    From another Proud Englishman

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  19. The reason a lot are anomynous because its so difficult to register your comment
    Anyway I agree with All ST George and the 23rd of April is gathering momentum especially when you compare to 20years ago you rarely saw and ENGLAND flag let alone three Lions the Rose was shown now and again ST Georges Day was never really celebrated like it is today ! as robin says we have come along way since 2005 dont forget the other nations have about a hundred year start on us, and there academics are always quick to Poo Poo ENGLAND and The ENGLISH and of course ST GEORGES DAY ! well things have changed but we need to get everyone in England Celebrating the 23rd of April.

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  20. Samantha Richards15 February 2012 at 20:21

    read my name I am ENGLISH and PROUD and you can call me what you like, I believe if I want to fly my countries flag I have the right to, if you dont like my colours then dont look. I believe in the blood that was spilt for our land and I do not look upon being ENGLISH as a sin as I see many others do. If I cannot display my flag then you may not show yours, if I cannot celebrate my countries day then do not push yours down my kids throat. Can someone tell me what happened to equality and freedom? If I were to travel to Dubai I am legaly bound to their laws the same goes for if I were to move there, the same should apply here if this offends you then unlucky I'm sure your government will welcome you with open arms, ENGLAND is not your door mat and if you are not happy then please leave. St George is our patron saint and we will celebrate regardless.

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    1. Well said.....Agree with ALL of the statement made.

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  21. Get Everyone to Celebrated St Georges Day in England ! this event is growing rapidly compared to only 15years ago the whole question Of ENGLAND is being asked of the Britishers in Government and there Anglophobia !

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  22. We are getting dangerously behind in saving our England. I hope The English Democrats can get up to strength quick enough.
    “What ever happened to “When in Rome do as the Romans do” ?
    In ENGLAND that philosophy seems to have been replaced with “When in England do what you like, bring your laws and customs with you and ensure that those soft benefit providing English people do as they are told and obey our laws, and with the help of European human rights law we can prosper here even though we are what they call murderers rapists crooks and terrorists (whatever they may be), we can not be extradited under any circumstances provided that we can prove that there may be laws and justice in our own country that may harm our lifestyle to which we have become accustomed in this beautiful country called ENGLAND. The process of colonising is well under way and providing the English stay docile for a while longer the transition will be quite painless for us.

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  23. Theresa Chipulina16 February 2012 at 00:16

    I am proud to be English. I married a man from Gibraltar and they have their National Day in September. I shall celebrate St Georges Day in April. As has been previously said...we are about 100 years behind other countries who celebrate their identity...there is nothing to be ashamed of at all...we are who we are.

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  24. All we need to do - is to assert our Englishness. Then nobody will dare to attack it! The main problem is that we have very, very few Real Englishmen with Mettle and True-Grit. Until those men step forward, we - the English and England - will continue to be trodden into the ground!

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  25. I am not nor have I ever been a racist. All I ask is that I am allowed to declare being English when I fill out a form and not be forced to be British. I am English and proud. If I want to fly English flag outside my house, in my car or wherever else I choose to display my Englishness then so be it. If it offends you then you are in the wrong country. There are too many politically correct twats out there telling me what I can and can't do. Enough is enough. Stand up and be proud my friends before its too late.

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  26. The problem in England is that we now have a generation of selfish cowards!!!

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    1. I think your right about the selfishness but this generation got it from their peers.
      The world economy is all about profits at any cost. We have a very unhealthy human race and this low fat rubbish has been around for a few years, the population is getting fatter and fatter and sicker and sicker. The food companies know this but there is more profits and shelf life in sugar and processing so the low fat hype stays. This is good for big Pharmaceuticals, their super profits will continue (at what cost?).
      It seems everybody is in the business of conning somebody. This selfish charge for profits has to be curtailed so that the good businesses can get on and redevelop our economy.
      I think integrity honesty and Englishness is disappearing down the plug hole with the St Georges Flag. I hope we can stop it in time.
      Did I write that?
      For the English to have a say is only the beginning we want and need more than that.

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  27. Keep your eyes on Greece which is at breaking point as the one world globalists and globalisationists seek to enforce their one world state on the hitherto homogenous nation states of Europe. Sorry to mention his name but listen to what Nigel Farage has to say. Soon the Greeks will revolt in order to re-establish their 3,000 year old democracy and an independent Greece. The European spring will spread along the Mediterranean and then via France and Austria to the northern states which were traditionally free and democratic, Holland, England, Denmark, Sweden etc. Countries such as Finland only achieved independence from Russia in the last century. Our family had a book entitled the Races of Mankind. I used to love a world of differing, races, cultures, countries etc. If nothing changes soon, as I am sure it will, the Marxists and their super-rich puppet masters will achieve a raceless, cultureless, nationless world where everyone is rootless and stateless and enslaved to them. What bewilders me is that we struggle to preserve the different animal species from extinction and yet there is a class of deranged politicians and globalisers who wish to destroy all the different nations and races in the name of world peace. Well, unless they reverse it, the whole of Europe is going to erupt in inter-racial and inter-religious bloodshed. For those who want an end to christianity in this country then I would ask them to look forward to a day when the Asians predominate and we have a bloody civil war between the Hindus, Sikhs and Muslims, just as in partition days in India with what is left of the English hiding out in the hills. Here's another frightening thought, the world population is due to increase by another billion in the next 16 years due to continued over-breeding in Africa and Asia. And where do you thin their surplus will continue to be headed? No suprise that the Greeks are building a wall with razor wire on top along thier border with Turkey.

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  28. We should have the right to celebrate, St George's day. Are we not allowed to be proud any more to be English?

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  29. History is repeating.This is the farce,soon will come the tragedy.Our ancestors did the same thing to the Romano Britons/Welsh and our glorious and traitorous politicians and judiciary are encouraging and condoning its reenactment.Probably just like their forbears for similar reasons.Compatriots,if you wish an English Spring then defy authority and observe a Holiday on 23rd April.You may get some technical harrasment but you won't get shot or teargassed.
    Joe Turner. Elsewhere as ZenDog and Temeraire.

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  30. Michael Connolly5 March 2012 at 15:47

    The court chllenges the rights of the Ethnic Majority we have had St George from 1072AD when the Normans got the Pope to change from St Edmond rights older than the Celtic Nations that were still concidered as Pagan that time.
    I would wish it could be as easy to get the term the "West Lothian Question" changed to the "Right to English Reprisentation" as a large amount to people think it has something to do with Scotland and that is some what insulting.

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  31. The Union Jack is made up with the flag of St George. (some thing does not make sence here)

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