IN THE HIGH COURT OF JUSTICE                                    

QUEEN’S BENCH DIVISION

(EXETER DISTRICT REGISTRY)                                                  

B E T W E E N:        MAURICE JOHN KIRK BVSc              Claimant

                                             – and –

G4S PLC                                                    Defendant

_____________________________________

PARTICULARS OF CLAIM

_______­______________________________

1. This is a claim pursuant to section 7(1)(a) of the Human Rights Act 1998 in addition to remedies already simultaneously existing in domestic statute and common law.

• Further, the Defendant is deemed to be a public authority for the purposes of the Human Rights Act 1998 as it is acting under contract to the Ministry of Justice to run HMP Parc on its behalf.

• The Defendant is and was at all material times a PLC incorporated under the Companies Act 1985 and is vicariously liable for the torts committed by its employees against the Claimant.

• The Defendant at all material times was under a contract to the Ministry of Justice for the running of HMP Parc, Heol Hopcyn John, Coity, Bridgend, Mid Glamorgan, CF35 6AP and the Claimant was detained under the custody and control of servants and/or agents of the Defendant whilst serving a vindictive 2 year prison sentence imposed by the Crown Court at Cardiff from 2017 until his release on licence and following re-arrest,  re-release on 1^st November 2019

• The Claimant is and was at all material times the owner and entitled to possession of these 33+ letters that he had written to HM Royal Courts of Justice, other courts, court witnesses, friends and family during the course of his prison sentence at HMP Parc.

• Further, the Claimant is and was at all material times the owner and entitled to possession of his wheelchair a large number of Caswell Clinic, Glanrhyd Hospital and prison medical records, legal papers in connection with his 40 odd failed malicious criminal prosecutions claim (BS614159) and “Trading in Machine Guns” (1CF03361) civil claim against the Chief Constable of South Wales Police that he needed during his times on licence, prison sentences at HMP Parc, HMP Cardiff and HMP Exeter.

• On 1^st November 2019 at HMP Parc, Heol Hopcyn John, Coity, Bridgend, Mid Glamorgan, CF35 6AP, the Claimant was released on licence from his prison sentence but servants and/or agents of the Defendant wrongfully and unlawfully seized from the Claimant’s cell, the large number of medical records, legal papers in connection with his civil claims against the Chief Constable of South Wales Police his clothes , shoes and wheelchairs.

• On 1^st November 2019 South Wales Police, G4S staff and/or other agents for the Defendant confiscated the Claimant’s letter-log and copies of letters mostly generated whilst in custody and in particular copies of his letters to J Graham Esq and HM Secretary of State for Wales, The Rt Honourable Alun Cairns MP.
•  

• Thereafter, the servants and/or agents of the Defendant wrongfully and unlawfully failed to return the said medical records, legal papers, his clothes, shoes and a wheelchair to the Claimant on his release, and have wrongfully and unlawfully detained them and continue to wrongfully and unlawfully detain them in the custody and control of the Defendant at HMP Parc or elsewhere, or further or alternatively have wrongfully and unlawfully destroyed and/or disposed of the same without the consent of the Claimant.

1. The Claimant sent a pre-action protocol letter before claim to the Defendant in which he specifically requested the return of the said medical records, legal papers and a wheelchair but received no response to his letter.

1. In February/March/April/May/June/July/August/September/October and November 2019 at HMP Parc, Heol Hopcyn John, Coity, Bridgend, Mid Glamorgan, CF35 6AP, servants and/or agents of the Defendant wrongfully and unlawfully stopped 33+ letters written by the Claimant including sent to HM Royal Courts of Justice (appeal against vindictive two year prison sentence), court case witnesses, family and friends        without lawful authority and without informing the Claimant that the said letters had been stopped and or unreasonably delayed.

1. 10^th Jan 2020 Complaint against HMP Parc South Wales G4S Staff

I, Maurice John Kirk (Claimant), file complaints against HMP Parc, Bridgend, G4S custody staff for their seriously inflicting injuries, harassment and false imprisonment to cause numerous thefts of my possessions.

Serious Assaults

1. After my Feb 2019 unlawful ‘recall’ to prison from a Cardiff parole hostel, I was assaulted on at least three occasions in Parc prison with one already reported over the ‘floor buffer’ incident on A2 wing. All required medical attention and captured on CCTV & body cameras. 
2. The 2^nd filmed assault incident was in June 2019 when forcibly removed from my now missing wheel chair by unnecessary force using seven officers to B block.
3. The 3^rd incident was in Nov 2019 when snatched from my cell by unprovoked excessive force using no less than eight G4S officers using handcuffs on my wrists behind my back. This deliberate pain was inflicted continued from B wing to the main gate where I was released for Bristol Royal Infirmary attention. This included x-rays due to my hip prosthesis having suffered partial subluxation of my hip joint.
4. The incidents have left me feeling severely intimidated, vulnerable and in constant pain.

Deliberate False Forensic History

• My Oct 2019 HM Parole Board hearing, witnessed by a retired magistrate, further revealed reasons for my protracted prison term and need for such violent constraints. My parole officer & prison supervisor both indicated that I was ‘violent, extremely dangerous and liable to try and escape’. My application for CCTV and witness evidence has been applied for all incidents as also already leaked 2009 MAPPA level 3 category 3 meeting contemporaneous records, re civil claim 1CF03361 ‘machine-gun conspiracy’ 24^th Jan hearing. 
• On 6^th Sept and 4^th Dec 2018 G4S had inadvertently released my forensic records containing substantially false medical data and similarly fabricated criminal convictions including ‘child abuse’, ‘firearms’, ‘narcotics’, ‘acts of violence’ and ‘deliberate failure to attend court cases’.
•  At my October HM Parole Board hearing both my parole officer and prison supervisory officer had vehemently opposed my release on the pretext I was ‘too serious a risk’ but repeated refused, when pressed, to explain but what ‘risk’ despite, before the hearing, had both removed false criminal convictions from HM Prison and Parole Service records.

 Alleged ‘Heroin’ to Alun Cairns MP

•  I was due for Feb 2019 release but more allegations were concocted to stop my mail in and out of Cardiff & Parc prisons and to protract my time in prison. This time all knew the ‘white powder’ found in my two MP letter, onein Wales one near Kent had simply been remaining traces of toothpaste originally used for gluing exhibits on my cell wall when originals stolen by the Claimant’s prison SWP ‘liaison’ officer.

        Further Deliberate Theft of my Possessions

Despite my pleadings and requests by parole staff G4S refuse to return wheel chair, exhibits, GP needed medical records and legal papers are needed for my next South Wales Police civil court proceedings also against G4S

1. Thereafter, the servants and/or agents of the Defendant wrongfully and unlawfully failed to return the said letters to the Claimant or post them to the recipients, and have wrongfully and unlawfully detained them and continue to wrongfully and unlawfully detain them in the custody and control of the Defendant at HMP Parc or elsewhere, or further or alternatively have wrongfully and unlawfully destroyed and/or disposed of the same without the consent of the Claimant.

1. The Claimant sent a letter before claim to the Defendant in which he specifically requested the return of the said letters to him.

1. The Claimant alleges and avers that there were no lawful grounds for the stoppage of the said letters under rule 34(3)(a)-(h) and rule 35A(4)(a)-(f) of the Prison Rules 1999.

1. In the premises the servants and/or agents of the Defendant converted and/or wrongfully interfered with the said medical records, legal papers, wheelchairs and the 33+ letters to their own use and control to the detriment of the Claimant.

1. Further, the said servants and/or agents of the Defendant’s conduct amounted to harassment of the Claimant, contrary to sections 1 and 3 of the Protection from Harassment Act 1997, as the said servants and/or agents had at all material times known or ought to have known, and they have thereby caused the Claimant anxiety and distress.

1. Further the Claimant alleges and avers that his Convention rights have been infringed.

• The Claimant was entitled to the “peaceful enjoyment of his possessions” under schedule 1, protocol 1 ECHR of the Human Rights Act 1998.

• The Claimant was entitled to the right to his “correspondence” under schedule 1, article 8(1) ECHR of the Human Rights Act 1998 in respect of the 3 stopped letters.

• The Claimant was entitled to the right to “freedom of expression” under schedule 1, article 10(1) ECHR of the Human Rights Act 1998 in respect of the 3 stopped letters.

• The servants and/or agents of the Defendant failed to respect the Claimant’s right to the “peaceful enjoyment of his possessions” under schedule 1, protocol 1 ECHR of the Human Rights Act 1998 in respect of the 3 stopped letters and their continued detention and the seizure and continued detention of the said medical records, legal papers and wheelchair for the reasons set out in paragraphs 4 to 8 herein.
• The servants and/or agents of the Defendant failed to respect the Claimant’s right to his “correspondence” under schedule 1, article 8(1) ECHR of the Human Rights Act 1998 in respect of the 3 stopped letters for the reasons set out in paragraphs 4 to 8 herein.

• The servants and/or agents of the Defendant failed to respect the Claimant’s right to “freedom of expression” under schedule 1, article 10(1) ECHR of the Human Rights Act 1998 in respect of the 3 stopped letters.

1. By reason of the matters aforesaid, the Claimant has suffered damage as a result of the actions of the servants and/or agents of the Defendant.

PARTICULARS

• The Claimant has been very greatly distressed by the stoppage and continued detention of the 33+ letters and the seizure and continued detention of the said medical records, legal papers, clothes, shoes and wheelchairs without reasonable and probably cause or lawful excuse and has suffered severe shock and mental anguish thereby.

• Further, in the premises the said conduct by the servants and/or agents of the Defendant was arbitrary, oppressive and/or unconstitutional and the Claimant claims aggravated and/or exemplary damages

• The Claimant repeats the facts and matters set out in paragraphs 4 to 8 herein.

• The servants and/or agents would have known full well that the letters written by the Claimant were lawful and that they should not have stopped them and should have posted them to the recipients and should not have seized the said medical records, legal papers, clothes, shoes and wheelchairs and should have permitted the Claimant to have taken them with him upon his release from HMP Parc.

• Further, pursuant to section 35A of the Senior Courts Act 1981, the Claimant is entitled to and claims interest on the amount found due to him at such rate and for such period as this Honourable Court may think fit.

• And the Claimant claims against the Defendant.

(a)     An Order for the delivery up of the 33+ stopped letters to the Claimant under section 3(2)(a) of the Torts (Interference with Goods) Act 1977.

(b)     A Declaration that there were no lawful criteria that were applicable to the stoppage of the 33+ letters under rule 34(3)(a)-(h) and rule 35A(4)(a)-(f) of the Prison Rules 1999 that justified the said letters being stopped by the servants and/or agents of the Defendant.

(c)     An Order for the delivery up of the said medical records, legal papers, clothes and shoes and wheelchairs to the Claimant under section 3(2)(a) of the Torts (Interference with Goods) Act 1977.

(d)     Damages for conversion and/or wrongful interference with goods under section 3(2)(c) of the Torts (Interference with Goods) Act 1977 and/or harassment under section 3(2) of the Protection from Harassment Act 1997 on the footing of aggravated and/or exemplary damages.

          Further or in the alternative:

(e)     An Order for Replevin for the return to the Claimant of the 33+ stopped letters to the Claimant.

(f)      An Order for Replevin for the return to the Claimant of the said medical records, legal papers, clothes, shoes and wheelchairs to the Claimant.

(g)     Damages under section 8(1) of the Human Rights Act 1998 for wrongful interference with “the peaceful enjoyment of his possessions” in breach of schedule 1, Part II, The First Protocol, article 1 ECHR of the said Act.

(h)     Damages under section 8(1) of the Human Rights Act 1998 for breach of the Claimant’s right to his “correspondence” under schedule 1, article 8(1) ECHR of the said Act in respect of the 33+ stopped letters.

(i)      Damages under section 8(1) of the Human Rights Act 1998 for breach of the Claimant’s right to “freedom of expression” under schedule 1, article 10(1) ECHR of the said Act in respect of the 33+ stopped letters.

(j)      Interest pursuant to section 35A of the Senior Courts Act 1981, the Claimant is entitled to and claims interest on the amount found due to him at such rate and for such period as this Honourable Court may think fit.

• The Claimant believes that the facts stated in these Particulars of Claim are true.  The Claimant understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed                                     —————————————-

Dated 3^rd September 2020         MAURICE JOHN KIRK BVSc

IN THE HIGH COURT OF JUSTICE  

QUEEN’S BENCH DIVISION   

(EXETER DISTRICT REGISTRY)

B E T W E E N:

JOHN MAURICE KIRK BVSc          Claimant

                     – and –

G4S PLC                                                Defendant

___________________________________________________

                       PARTICULARS OF CLAIM

___________________________________________________

Maurice Kirk BVSc

Taunton,

Somerset

Claimant