BY EMAIL

Sharon Graham, General Secretary, UNITE

cc Debbie Halsall, Regional Officer, Isle of Man

The landmark UNISON ruling:

• highlighted the right to a free independent appeal mechanism — but the Isle of Man only allows an internal review request to the same tribunal chair with anecdotal evidence that such internal review requests are inadequately considered and dismissed with procedural unfairness
• banned tribunal and appeal tribunal fees because they obstructed access to justice — but the Isle of Man has not established an appeal tribunal without fees and without the High Court appeal costs risk most likely based on legal opinion from the conflicted Isle of Man HM AG Chambers to minimise legal challenges against government and in effect to obstruct access to justice in public sector legal matters
• reestablished the rule of law and required legal rights to be usable in the real world — but the Isle of Man civil legal aid scheme is unusable for example by anyone married pending divorce wrongfully denied access to social security benefits

However, the ruling has been repeatedly disrespectfully and unlawfully disregarded in the Isle of Man

The Isle of Man Chief Registrar and line management potentially with conflicted legal opinion from the Isle of Man HM AG Chambers have:

• downplayed serious concerns about any minimum court fee without a full fee remission option and unaffordable court fees contrary to access to justice and the right to a fair trial and in effect exploited a legal technicality between a “highly persuasive” UK Supreme Court ruling and a “legally binding” UK Judicial Committee of the Privy Council ruling without reference to any domestic legislation or case law that overrules the ruling
• failed to seek independent legal opinion on the equivalent Isle of Man unlawful secondary legislation court fees order drafted by the conflicted Isle of Man AG Chambers
• disingenuously claimed that a litigant in person is able to legally challenge an unlawful secondary legislation court fees order despite unaffordable court fees and despite obstructed access to civil legal aid and despite costs risk
• ignored serious concerns about legally unqualified public counter employee informal training based on explanatory notes that misstate the law [not their fault]
• ignored serious concerns about unlawful cumulative fees above any minimum fee level
• concealed the existence of unrevoked lawful secondary legislation GC 250/90 with a full fee remission option not superceded by any unlawful secondary legislation court fees order

Isle of Man Attorney General Chambers are known and have been repeatedly shown to break rules and to break laws with highly selective concealment of evidence, false legal opinions and fabricated legal arguments to evade liability and accountability in public sector legal matters.

A recent shocking public statement by the employment and equality tribunal chair confirmed the scale of employee issues in public sector legal matters and what amounts to a constitutional crisis:

Tribunal’s Unease at AG Chambers’ Tactics

….

The chair, Douglas Stewart, cited concerns about an “uneven playing field” for individuals taking on government-backed legal teams.

….

Mr Stewart expressed unease with the tactics used, noting that labelling a case as “vexatious” and issuing cost warnings is “bound to be disturbing and would intimidate the typical Complainant”.

….

He added that it is “at least arguable” that such tactics “may itself be behaving in a manner which is unreasonable” when done without clear grounds.

Similarly:

https://www.iomtoday.co.im/news/company-claiming-damages-of-up-to-ps90m-against-isle-of-man-government-754379

….

Vicki Unsworth claimed there are in excess of 100 documents that the two government departments had failed to disclose.

She said, ‘one could be forgiven’ in believing there has been a ‘conspiracy to conceal’.

The risk to the trade union with member disputes is ever higher legal risk and ever higher overall legal costs and ever more injustice life sentences.

The member request is in line with the General Secretary commitment to call out cover up culture and corruption.

Please consider a narrowed minimum cost doleance petition judicial review in the Isle of Man High Court Chancery Division to extend the UK landmark UNISON ruling to the Isle of Man and amplify trade union member and family member benefits.

I feel sure UNISON would assist if relevant.