To: Barrister Caroline Willbourne 1 Garden Court Chambers
From: Leonard Lawrence The Forge, Manton, Devon
cc Sir James Munby President of the Family Division and Court of Protection
cc Sir John Thomas Lord Chief Justice
Her Majesty’s Inspector of Constabulary, Stephen Otter, QPM whilst the Chief Constable of Devon and Cornwall Police and Detective Chief Superintendent Ross Middleton and one other Chief Superintendent have been most helpful to me, not surprising when it was established that Court of Protection Medical Certificates had not been disclosed to Detective Inspector Sam De Reya and Detective Constable Armitage by the Law Society. Thereafter two detectives from Thames Valley Police visited me in Devon, they had concerns as to the standard of legal representation I was being afforded by the British Airline Pilots Association (BALPA) former lawyers Simpson Millar LLP Solicitors.
Caroline Willbourne you hold or have held the following appointments:
Deputy District Judge, Principal Registry of the Family Division 1990 to date
General Commissioner of Taxes 1998 until disbanded in 2008
Miss Willbourne were you ever the Bar Association Family Law External Delegate to the Official Solicitor?
Let me answer this for you YES
Caroline Willbourne you have been a Deputy District Judge, Principal Registry of the Family Division since 1990
a) Laurence Oades identified to you that I was a patient under Part V11 Mental Health Act 1983, special rules apply.
b) 29 Bedford Row Chambers sent you at least three Court of Protection Medical Certificates CP3’s
c) His Honour Judge Charles Elly alerted you that for the Official Solicitor Laurence Oades to agree the sale value of the property undermines jurisdiction.
d) Barrister Simon Calhaem alerted you that the Official Solicitor had not agreed the sale value of the property.
Miss Willbourne why did you not addressed the above points in your merits of appeal and also alert the Court of Protection and Public Guardian?
Caroline Willbourne you knew in 2005 that case SL03D00938 had to go to the Court of Protection
16 April 2012 His Honour Judge Simon Oliver, Reading County Court.
THE JUDGE: Well, it actually says so in the Official Solicitor’s guide, does it not?
MR DAY: It does.
THE JUDGE: It actually says in there, “We have to refer this to the Court of Protection”.
MR DAY: Yes,
Miss Willbourne why will you not be swearing an affidavit stating that you did not know that case SL03D00938 had to go to the Court of Protection?
Caroline Willbourne T40 Bill of Costs Slough County Court
Janet Bazley QC and Stephen Cobb QC (now Mr Justice Stephen Cobb) authorized the disclosure of some of your documents.
15/9/05 17:33 email Caroline Willbourne to Ratcliffe Duce Gammer Solicitors:
“It will be rather an expensive advice for the Legal Service Commission”
District Judge Jones reduces Caroline Willbourne fee by over 80% £649.40+VAT to £121.99 +VAT
Ratcliffe Duce & Gammer T40 Bill of Costs Detailed instructions were taken from the Respondent
Barrister Caroline Willbourne advice, disclosed 2013 “Incapable of legal discussion or understanding”
Caroline Willbourne on this issue you are supported by Dr Tony’s Court of Protection Medical Certificate CP3 that was very recently release by the General Medical Council I was incapable of legal discussion or understanding” .
Caroline Willbourne, The Ball Family Discretionary Trust Fund
Caroline Willbourne at the material time in 2005 you were a General Commissioner of Taxes until disbanded in 2008
With assistance from Revenue and Customs Nottingham it is identified that the Ball Family Discretionary Trust Fund did not exist in until December 2000, so how could it make cash loans of over £100,000 prior to December 2000? Caroline Willbourne monies were taken from me by Slough County Court to repay cash loans to the Ball Family Discretionary Trust. These cash loans were made prior to the establishment of the Trust!
Caroline Willbourne, deleted email from Caroline Willbourne 1 Garden Court to the Bar Standards Board
A recovered deleted email from the Bar Standards Board servicer providers computer back up tapes.
16 July 2009 Miss Willbourne you advised the Bar Standard Board that you understood Leonard Lawrence had regained mental capacity prior to the Family Matrimonial Home being sold, so it was not necessary to involve the Court of Protection
4 August 2009 email sent to Miss Wilbourne from Mr. Lawrence: Identify the means by which you were able to understand that Leonard Lawrence had recovered capacity by the time the former matrimonial home came to be sold on or about 17 August 2005 without having the benefit of a Court of Protection CP2 certificate of mental capacity.
11 August 2009 18:03 Miss Wilbourne email to Bar Standards Board “I would appreciate your guidance as to what I should do about this—I will not be swearing an affidavit”
Miss Willbourne, it appears rather than investigate barristers Sarah Downs, Head of Investigations at the Bar Standards Board was being sought for guidance as to what to do. Sarah Downs, omitted to advise me that Barrister Mr Nicholas Allen, who like yourself had failed to disclose Court of Protection
Medical Certificates to the court, was a member of the Complaints Committee of the Bar Standards Board (2005-2007)
Caroline Willbourne, Dominic Brazil, 1 Kings Bench Walk
In September 2010 Richard Anelay QC advised me that barrister Dominic Brazil, 1 Kings Bench Walk, had advised him that I had been a patient subject to the Court of Protection. The Bar Standards Board never advised me of Dominic Brazil comments that I had been a patient subject to the Court of Protection!
Caroline Willbourne, why did you not inform the court that I had been a patient subject to the Court of Protection?
Caroline Willbourne Consent ORDER
On the 14 January 2013 May Maughan Deputy Official Solicitor informed Master Yoxall Queens Bench Division that Stephen Piper and Helen Clift from the Official Solicitors office never obtained the appropriate orders that they had been instructed to obtain from the Court of Protection by the Official Solicitor Laurence Oades and senior solicitors James Beck and Rosemary Saunders within the Official Solicitors office.
May Maughan also disclosed Helen Clift’s association with Barrister Dominic Brazil, 1Kings Bench Walk prior to Helen Clift joining the Official Solicitors office.
why did you not address the false statement by Barrister Dominic Brazil 1 Kings Bench Walk that the Official Solicitor Laurence Oades had agreed the sale value of the property for £622,00 when barrister Simon Calhaem was clear Laurence Oades did not agree the sale value. Also, why did you not address the issue that a draft copy of the Final ORDER had to be sent to the Court of Protection for consideration, as was the instructions of Laurence Oades then the Official Solicitor?
The House of Lords Committee appointed to consider and report on the Mental Capacity Act 2005 has now published its report.
Lord Hardie, Chairman of the Committee said:
“We were very concerned by what we heard about the safeguards. The evidence suggests that tens of thousands of people are being deprived of their liberty without the protection of the law, and without the protection that Parliament intended. Worse still, in some cases the safeguards are being wilfully used to oppress individuals and to force decisions upon them. The Government needs to go back to the drawing board to draft replacement provisions that are easy to understand and implement, and in keeping with the style and ethos of the Mental Capacity Act.”