PR Log - A Catch-22 Court Order from Hastings Court Prevents Defendant by yhz16267

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    A Catch-22 Court Order from Hastings Court Prevents Defendant from Obeying the Ruling.

       By CostaDelSolUnMuzzled
       Dated: Aug 23, 2009

       How do you fight a court order issued by a Hastings judge who didn’t do his homework? The court orders
       defendant to sell his property but makes it impossible, as the the courts details are not identical with the
       facts in the Spanish Land registry?

       This is not a joke. Mr. Edward Kirwan, who has had his life turned upside down for five years now because
       of a – mildly put – casually produced court order in his divorce settlement, is not amused. His interest on
       his debt to his ex-wife is tricking on by the minute, even though both the court in Hastings and the law firm,
       DeCotta, McKenna & Santafé have made it impossible for him to sell his property.
        He has had to learn the hard way that a court order not necessarily has anything to do with justice - or even
       common sense.

        What should have been the reward of many years hard physical work as a Farrier, and the fulfilling of a
       mutual dream, moving to Spain turned into a nightmare when Edward Kirwan`s wife left him only 5 month
       after buying their Spanish dream-house in Andalucia!
        She went back to the UK and bought herself a house from their mutual savings and then she filed for a
       divorce.

        Mr. Kirwan was left on a mountain top in Spain with no money and a very bad back – not fit for physical
       work. The idea had been to use their savings to buy houses to reform and rent out or sell. Instead he was
       forced to start working as a Farrier in Spain - despite his severely damaged back. Taking up work as a
       Farrier resulted in a serious work-accident in 2005. Since then Mr. Kirwan has not been able to work and he
       has had no financial help from the Spanish state or his Spanish health insurance – in fact he has had no
       income…zero…zip!

        The divorce settlement took place in Hastings Court in 2004. Mr. Kirwan could not afford any legal
       representation and he had to borrow money to travel to the UK to attend the divorce settlement and present
       his case by himself. His wife got free legal representation.

        The judge in Hastings Court, who did not speak Spanish, made his evaluation based on a Spanish written
       document, ordered by Mr. Kirwan`s ex-wife from a local Spanish Real Estate Company. The document
       estimated how much the 5.000sqm of land would be worth if holiday accommodation was built on the land.

        It was not legal to build on that land and it still isn’t legal to build. It is farmland.

        Even more important; the judge described the land as consisting of two pieces of land when in fact the land
       was divided into four separate pieces of land with different numbers in the Spanish land registry.
        Mr. Kirwan offered the judge the original documents from the Spanish Land Registry but the judge did not
       want to see them. Which documents he actually used is still to be discovered, but they obviously did not
       reflect the reality.

        The Court Order stated that Mr. Kirwan and his lawyers should conduct the sale of the property and pay
       his ex-wife a lump sum of money within three months. If the property was not sold after three months an
       eight per cent interest would accumulate to Mr. Kirwan`s debts.

        The property is still not sold. In fact Mr. Kirwan has never been able to sell…because two pieces of his


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property do not exist in the Court Order! They do however exist in reality and in the Spanish Land Registry.

But it gets much more absurd than that.

 Valerie Russell, Mr. Kirwan`s ex-wife, hired Jon Sutton, a solicitor from DeCotta, McKenna and Santafè, a
cross-border law firm – to take the British court order to Spain and enforce it.
 The translation altered the Court Order 180 degrees giving Mr. Kirwan`s ex-wife (and her lawyers) the
right to conduct the sale of the Spanish property – when in fact Mr. Kirwan was given that right by the
English court.

 Mr. Kirwan has been living a nightmare the past years. He has not been able to understand why he was
stopped by DeCotta, McKenna & Santafè every time he had a buyer to his Spanish property.

 It wasn’t until Mr. Kirwan sat down for hours with an enormous Spanish / English dictionary and went
through the whole Court Order word by word – that he found what DeCotta McKenna & Santafè now refer
to as "a translation mistake”.

 What is really interesting is how Jon Sutton was able to stop Mr. Kirwan selling the property 6 days before
the court order was translated?
 How did John Sutton know that the translation would be twisted totally around, so he could use the
translation to put Mr. Kirwan`s property on a public auction? The English version of the Court order did not
give him this option…In other words; John Sutton acted against the British Court Order…and 5 – 6 days
later when the Spanish version was stamped and delivered…it backed up John Sutton’s actions. Amazing!

In January this year DeCotta McKenna & Santafè brought Mr. Kirwan`s property up for auction in Torrox
Court, Spain.
Not an auction as known in the UK, but an auction that would have allowed Valerie Russells, Mr.
Kirwan`s ex-wife, to walk out of the court room the sole owner of the whole property – based on the
Spanish translated version of the original British court order.

Two hours before the public auction was to take place in Torrox Court on the 21st of January the Judge in
Torrox annulled the auction on grounds of illegalities based on Edward Kirwan`s petition.

 DeCotta McKenna & Santafè appealed to the same court in Torrox and got denied. Then they appealed to
the High Court in Malaga, which has yet not answered – and at the same time to Hastings Court in the UK.

 Hastings Court has set a hearing to take place on the 16th of September; however Jon Sutton does not find
a hearing necessary,
 - We have asked for this matter to be dealt with without a hearing, he says, - on the basis that we simply
wish to enforce the original order and require it to be reworded in order to do so and therefore a hearing
appears to be an unnecessary waste of the court’s time.

 This raises quite a few questions for the court and the press to research;
 1.One could ask whether Hastings Court actually have any jurisdiction over a property placed in Spain?
 2.If Hasting Court rules differently to the Spanish court…Which court order takes priority?
 3.Why doesn’t DeCotta McKenna & Santafè not want to “waste the courts time” with a hearing? Could it
be that the same law firm is more concerned with the fact that the Court in Spain have denied DeCotta,
McKenna & Santafè`s Client any costs from 2004 and up till now, than they are about wasting court-time?
 4.Could it be that the big law firm and especially Jon Sutton are not really keen on discussing the
circumstances that have been going on in Spain and certainly do not want any questions asked about how


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the company could act on a mistranslated Court Order before it was even translated?

 Mr. Kirwan has been fighting back with the only thing he has available; a free blog about “Injustice in
Europe”.
 When he publicly revealed the fraudulent translation he was threatened by the law firm. He was asked to
“withdraw these statements and allegations immediately to prevent the need for further action”!
 Mr. Kirwan replied on the blog by inviting the law firm to point out which of his allegations that was
incorrect.
 Why have the law firm never replied and why have they not sued him if they believe the facts are
incorrect?

The countdown for the hearing has started. The date is September the 16th.

Mr. Kirwan has no funds to even travel from Spain to Hastings to attend the hearing.

 How do you indeed fight giants like DeCotta Law and Hastings Court without legal representation or a
penny to your name?

The simple answer is; you don’t. Not on your own!

 Now is the time that Mr. Kirwan could really use a hand from the press or from a lawyer who dare take on
“the big guys” and are willing to do so on a “no win no gain” basis.

If you think you can help Mr. Kirwan – please e-mail Injustice in Europe

###

Costa Del Sol Unmuzzled

 As a foreign free lance journalist on the Costa del Sol, I have observed that the luxury of a free press in any
other language than Spanish seems to be a little short at hand.

Read more on the business profile...

Category           Legal, Family
Tags               hastings court, decotta mckenna santaf, hastings court prevents defendant from obeying the ruling
Email              Click to email author
City/Town          Torrox
State/Province     Malaga
Country            Spain




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