What do you know about Common Law?
For those of you who are regular readers of our mailshots and updates you will know that we are
focused on any type of wealth protection, wealth recovery and wealth generation opportunity we
can find.
Within that remit we particularly love it when the law (for once!) actually helps you and us to
recover wealth by writing off mortgages and paying off credit card and personal loan debts.
Today, we thought we would write out to further enhance your knowledge of why the world that
most of you live in day to day does not operate quite how you think it does.
So, let’s talk Private Law (also known as Common Law).
What is Private Law and how can it help us?
“Private Law”, also known as “Common Law”, predates Civil and Criminal Law and actually sits “above” Civil and Criminal Law on the Statute Books. Private Law is known as “The Law of the Land” and stipulates specific inalienable rights granted to ALL persons from birth (think Magna Carta etc).
Civil and Criminal Law are a relatively new development based on “the law of the sea”, also known as “Maritime Law” and, ironically, were introduced by Great Britain to the world as it became the first major seafaring nation to sail around the world introducing (to put it kindly) the British view of a legal system to the Colonies and other third party countries it began to interact with.
Maritime Law stipulates that all interacting parties are “trading entities” in one form or another. Trading Entities exist to “create and benefit from that creation”. In the case of human beings they “create” energy and output (work) that they wish to be paid for. In the case of Companies they create services and products that they wish to be paid for.
In effect, both human beings and companies are the same thing – “Trading Entities” producing some form of output that they will “trade”. To help recognise who each person or company is trading with every trading entity is allocated a Trading Entity Number so that they can be individually and specifically recognised. In the case of Companies they are allocated a “Companies House Number”; in the case of Humans Beings they are allocated a “National Insurance Number” – two different titles but actually the same thing – a bespoke number that will be with you for the whole of your life that identifies you separately from every other “trading entity” that exists/trades.
Needless to say, disputes can arise between trading entities and so a system of Dispute Resolution (Law) had to be implemented that could outline set parameters for all trading entities to abide by (Private/Common Law is only relevant to the inalienable rights of people, not trading entities/commerce and, as such, did not cover every eventuality in a manner useful enough to cover trade/commerce).
Law itself, is a trade/output produced by lawyers and judges and thus is ALSO a trading entity! i.e. they provide advice based on their forensic insight of civil and criminal law and you pay them for that work. The UK legal system IS a UK trading corporation just like every other corporation. Even the UK government is a UK Limited Corporation (you can find it at Companies House). As such, the product of this Maritime/Trading Entity Law is Criminal and Civil Law which thus exists solely to protect and further the structure of Trading Entities as a viable format, NOT the Inalienable Rights of Human Beings.
With the expansion generally of Capitalism in one form or another around the world Civil and Criminal Law have become the mainstream legal routes used by the vast majority of people and companies because it offers answers to virtually every conceivable trading entity scenario HOWEVER it is not the only law. Private/Common Law is still relevant and just as important however it has, in many respects, been forgotten because (i) we are not taught about it, and (ii) 99% of all legal practitioners “practice” civil and criminal law (it is spectacularly lucrative) only.
As such, both civil and criminal law have, in effect, usurped Private/Common Law by stealth, and to some degree relevance, however Private Law remains entirely valid AND enforceable in the right circumstances.
Firstly, and most critically, Private Law operates “man to man” or “sovereign to sovereign”. In other words, the individual is held to account personally, not the trading entity they hide behind.
Secondly, the legal technicalities that decide Civil and Criminal cases do NOT apply in the same way in Private Law. Private Law is interested in protecting the inalienable rights of each human being, not their trading entity. As such, any action undertaken using Private Law is relating to the “harm/dishonour” done by one person to another, not by some legal technicality as defined in Civil and Criminal Law.
Private Law is applied using legal documents referred to as “Affidavits”. Affidavits are “Statements of Truth” and set out the complainants’ (you) 'truth' of the wrongdoing imposed upon them by the defendant. Unless the defendant can rebut and actually prove these statements of truth as lies/incorrect they 'lose' the claim under Private Law and, by default become liable to recompense the complainant to the value of the harm done...as valued by the complainant.
In effect, Private Law starts from the position of the defendant being guilty unless they can prove their innocence. It is therefore absolutely critical that the complainant words their statement of truth in such a way that the defendant cannot rebut the statement of truth of the harm they have undertaken against the complainant….and, of course, the complainants’ Statement of Truth must genuinely be true. Anything less and their own Private Law action will fail.
Man to Man
So why and how is Private/Common Law still helpful in this day and age?
As explained above, Private Law is settled “man to man”. What this means in practice is that you can sidestep a big company juggernaut that has dishonoured/harmed you in some way and now go after the Directors of that company personally. By using Private Law the Directors cannot hide behind the veil of Corporate Limited Liability, nor can they hide behind expensive lawyers paid by their company to defend them against your claim of “harm” done to you by them.
In Private Law, if a Lawyer tries to represent their client the lawyer then “personally” becomes liable for the debt/redress you are seeking against the original Director/Defendant.
In addition, and much more importantly, lawyers/solicitors are only authorised/regulated to undertake Civil and Criminal Law cases, not Private Law cases – in Private Law cases they have literally no authority or power to act!!
Once you start a Private Law case realistically there are only two response routes open to the defendants – they either rebut (and we then look at their evidence before deciding next steps) or they ignore. In almost all cases they ignore. Why? Because they don’t know what Private Law is and the power it has (did you before you read this?) Typically they may also show it to their “Civil Law Solicitors” who also don’t understand it and those Solicitors tell them to ignore you.
On rare occasions, their Civil Law lawyers write back “on their behalf” to dismiss your actions as inappropriate/irrelevant etc. If that happens you can respond to point out two issues – (i) they are not authorised to talk to you on behalf of their client because they are not authorised/regulated to undertake Private Law activity and (ii) if they try to continue “representing” their client they (the lawyers) then also become “personally” liable for the debt/redress you are seeking!
On the very rare occasion where we have seen a defendant try the lawyer route as soon as this implication is made clear to the lawyer they obviously back out and leave the defendant to sort this out on their own!
Either way, whether immediately or after some initial input from a Civil Law Lawyer the case settles into one of you issuing affidavits and the respondents ignoring them. This actually works in your favour because, if they do not go into writing to rebut (and prove) their “truth” is more real than your truth Private Law reaches a stage where they are deemed to have provided “Tacit Agreement” i.e. they have agreed you are right by the very action of not disagreeing with your Statement of Truth.
As soon as you get to that point (usually within a few months) they are dead in the water. There is no going back at that point. Your Private Law action has been “agreed” (by default) by them that they have dishonoured you and, at that point you can initiate the process of turning this “agreement” into a formal document listing the debt then owed to you that they are then liable for..in full!
The next step is cashing in/enforcing the debt/redress owed to you and whilst you could, if you want to, then simply step back into a Civil Court to enforce payment/redress the often cleverer way to move forward is to then simply “sell” this debt to a Debt Collector. The Debt Collector will pay you a discounted price for the debt you have demanded from the defendant and will then go after the defendant back in the Civil Court world for the full value of the debt!
In other words, you can just do the easy bit i.e. start the Private Law action and then leave the blood and guts bit to a Debt Collector to do the real damage on your behalf at the end of the process!
So what’s the catch?
Well, Private Law is barely understood because so few people still “practice” it so it is absolutely critical that you use someone who is a Private Law Practitioner to help you. Private Law is made up of multiple “claim stages” involving affidavits, bills of notice, bills of default and other obscure terms…but be assured, they are all very powerful legal documents/actions in their own right and when used together in the right order they deliver the same power of redress in the real world as Civil and Criminal Law.
So, you need to find a Private Law Practitioner to help you – FORTUNATELY, WE CAN INTRODUCE YOU TO THE BEST IN THE BUSINESS IN THIS REGARD SO THEY ARE ONLY AN EMAIL AWAY!
If you would like to know more about Private Law or be introduced to a Private Law Practitioner, simply click on the link below and complete the quick enquiry form or email us at enquiries@princewealth.co.uk and we will be in touch.
Disclaimer
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