βοΈ Court:
Court of Appeal (Civil Division)
Date of Judgment: 18 July 2008
π§ Key Holding β Pre-Determination Invalidates Authority
βIf the decision-maker has pre-judged the issue, and is no longer open to persuasion, then the proceedings are unfair, and the decision is unlawful.β
This ruling confirms that apparent neutrality is not enough β the decision-maker must enter the process with a genuinely open mind. If judgment appears pre-scripted, coordinated, or biased, the process is invalid under Natural Justice and ECHR Article 6.
π£ Tactical Implications (Strike Package I β Fair Trial Entrapment)
Use Lewis v Persimmon to:
- Challenge re-hearings where outcomes appear predetermined
- Discredit tribunal members who ignore sworn documents (e.g. Exhibit J)
- Show procedural collapse where venue fails to consider rebuttal submissions (e.g. Log #589)
β οΈ Visible Signs of Breach:
- Hostile tone before evidence is presented
- Dismissive response to lawful objections
- Repeated collaboration with enforcement agents (e.g. Thames Valley Police)
- Closure of ASB case before investigating witness statement (Log #512)
π Deployment Anchors:
- Log #614/#615 β Opening statement asserting jurisdictional defect
- Log #610 β Live-fire readiness and court protocol
- ECHR Article 6 β Right to impartial hearing
- Exhibit J β Sealed High Court Protection Order