Private Prosecution - Application for Judicial Review of BSI, ISO and Jalite PLC Criminal case

Private Prosecution Judicial Review Claim Form

Slough Observer newspaper about legal case

In the report the wrong legal act is referenced by the ISO representative.

It should be the Registered Designs Act 1949 Section 35.

man attempts to take international business to high court claiming they used his protected design

High Court Judicial Review Application

BSI and ISO Intentionally Copied the following Registered Designs:

ISO Pull Push Symbol BSI

BSI and ISO have also falsely used the word Registered - this is a criminal offence

Contravention of Section 35 of the Registered Designs Act 1949

The ISO does not have a functional commercial office in Geneva, Switzerland

ISO appears to be controlled from Chiswick, London - giving the impression that there is a functioning office in Geneva, Switzerland

In reality they sign for ISO documents at the office in Chiswick, London

Private Prosecution Judicial Review Claim Form

Recent stages completed for the application for the Judicial Review

Days before. Queens Counsel provides framework document to Andrew Storch Solicitors

The framework document is called the "Pleadings" After the QC provides the base pleadings document the team of three put together the JR bundle.

The QC finds out there is an equivalent version of the law for the European Union

Barrister first thought is that the document will be in to the court by Friday.

The work required to put all of the arguments and finish index and numbering took until late Sunday night 18th May 2018.

Saturday and Sunday. Andrew Storch, "The Consultant" and Alastair Cook work on the judicial review bundle

Monday 19th May 2018. Alastair Cook, Private Prosecutor, attempts to submit bundle

Sat in the coffee area in the Hilton next to Paddington Station waiting for the legal assistant to turn up with paper copies the bundles.

We took at taxi from Paddington to the Royal Courts of Justice building and entered security at the main entrance about 2.30pm. After taking the lift to the administrative Court office on the third floor I asked the assistant to keep the place in the queue while I went in search of the Fees Office.

The Fees office was in another building. I used my VISA credit card to pay the 154 fee.

I returned up to the Administrative office and we eventually got to the counter at 3.02pm.

The woman behind the counter refused to accept or look at the bundles due to it being 2 minutes after the new close time for the counter.

We had seven sets of bundles and were going to put them all in the post box - luckily we got through to the barrister who said that was the wrong thing to do and to come back the next day.

I checked into the Americana Hotel for the night to make absolutely sure I'd be in London for 20th March 2018 the very last day allowed for service.

It turns out that if we had just dumped the seven copies of the bundles it would just have confused everything.

What we needed to submit was two complete copies of the bundles (226 pages) + an additional copy of the claim form which has "Seal" printed on.

The court would keep two copies and then send back the page with the court stamp.

Tuesday 20th May 2018. Second go at trying to submit JR bundle.

At 8.00am I randomly met some people at the Baker Street Wetherspoons

Are you here for the breakfast?

Yes, I replied, thinking just food

And then get invited to join a group of business people for breakfast.

These people call themselves YBC Your Business Community

At 10.15am I reported to an office in the W1 district where a local solicitor was going to submit the bundles to the High Court.

During the submission of the bundle, the counter clerk asked to see a copy of the letter from the CPS closing the case down.

The counter clerk checked the date to make sure that the JR application was within the 3 months.

In the afternoon photographer Wil Lloyd takes shots outside the High Court.

Tuesday 26th June 2018. Meeting with Andrew Storch Solicitors.

Working through the response back to the CPS

Requires a further Section 9 statement about trip to ISO office in Vernier, Geneva

Companies Previously consulted for an initial meeting on this matter:-

Edmonds Marshall McMahon

Peters and Peters

Nick Kounoupias

Companies Previously consulted for quotes include:-

Kingsley Knapsley

Companies who have actively worked on the Private Prosecution:-

Fitz Solicitors - searched for barrister organisations and undertook brief and freedom of information request to the IPO (Intellectual Property Office)

Andrew Storch Solicitors, Reading

Undertook the skeleton argument response for the prosecution

Wrote and Finalised the JR bundle with the prosecutor and consultant

Completed application form for the judicial review claim form

Summary of steps for a Private Prosecution judicial review

(Disclaimer: the process appears to change on an ongoing basis
The steps below give the outline - check the current procedures)

Get pleadings document, evidence bundle and completed claim form together in good time before the final date of three months since the date of the letter in which the CPS closed down the case.

Tip: Do not submit the judicial review application on the last possible day.
Get the document in as early as possible.
If the document is submitted on the last possible day or close to it the CPS will raise this as a complaint in the response document.

On arrival at the High Court go to the fees office to pay the 154 pounds for the JR application.

The fees office will stamp the JR application as having been paid.

Then go to the Administrative court office with the paid stamp to submit the application over the counter.

Tip: Do not just post the application in the post box in the room.
Allow the staff to do a first check over the document and be ready to show the copy of the letter from the CPS with the date in which the case was closed down.

Tip: The ideal time to submit documents is 11.00am when it is not too busy.

The Administrative court only have one counter open and have a rule that if you don't make it to the front of the queue by 3.00pm they won't talk to you.

Tip: For an important Judicial Review application have two people attend, it is useful to have a second as a witness to the process of putting the bundle under the glass counter.

Tip: Do not try to argue with the clerk counter staff!

The time it took the recent application from serving to court seal was from Tuesday 20th March 2018 to Thursday 5th April 2018 (Total of 16 days to put the stamp on the claim form).

The court seal is the stamp by the court to show that the claim form has been issued by the Royal Courts of Justice

Tip: Once the bundle has been submitted check by phone or in person after a week to get the estimated date of seal

Once the bundle has been sealed, the court will post out the copy of the seal.

5th April 2018 (Date of seal/stamp) + 7 days = 12th April 2018 (last date of service for JR documents).

NOTE: See the rules on what is considered to be the date of service for each method of service.

The stamp with the wording of "05 APR 2018" shown on the left of the word "Seal" is known as the High Court Seal:

Private Prosecution Judicial Review Claim Form

ONLY SEVEN DAYS after the date of the seal are allowed to serve the claim form and the bundles on the defendant and interested parties.

I was notified that the court seal had arrived on Monday 9th April 2018 at 4.00pm.

This gave me three days to serve the bundles (now with the court stamp/seal) on the CPS, BSI, ISO and Jalite PLC.

BSI in Chiswick and ISO in Geneva refused to provide a contact name for legal service of the documents.

As BSI and ISO had tried to make an argument previously about ISO needing to be served in Switzerland, I bought a last minute flight to Geneva from Heathrow.

Jalite PLC were served via Royal Mail Special Delivery (Interested Party ie. defendant in previous criminal case)

BSI, The British Standards Institution were served in person on 10th April 2018 (Interested Party ie. defendant in previous criminal case)

CPS, The Crown Prosecution Service were served in person on 11th April 2018 (defendant ie people who closed down private prosecution)

ISO, The international Standards Organisation were served in person on 12th April 2018 in Geneva.(Interested Party ie. defendant in previous criminal case)

Tip: have a formatted paper sheet which requires print name and signature for Proof of Service which the receptionist or security will need to sign.

It is likely that a Freedom of information act FOI will be put to the Ministry of Justice in the near future as regards private prosecutions. email contact:
cookalastair @

Other Private Prosecution stories:-

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