End Of The Line For Born Again Christian In Courts

| General


In the early part of November 2022, a judge sitting in the High Court handed down a warning to a female in which he advised in the strongest possible terms against submitting any future requests and assertions. The High Court judge made it clear to the female at the center of the proceedings that if she were to make such submissions in the future then it would be more than likely the court would consider exercising its discretion to impose a Civil Restraint Order.     

What Happened In The Case?

So, why did the High Court judge hand down such a restrictive warning to the female litigant? This particular aspect of the case appears to have emerged when the female at the heart of the case applied to make a change to her name. Now applications of this nature are nothing out of the ordinary. Persons regularly request to change their names and courts exercise the discretion to grant or refuse such requests. However, in this case, what drew the attention and eye of the presiding High Court judge was the request by the female to amend the recorded name on her birth certificate. She wanted to amend this from the one assigned to her at birth and to change this to Christ. She attempted to explain her reasoning behind why she was taking such a seemingly drastic change to her name by claiming that she had been incorrectly provided with her name at birth, was a born-again Christian, was regenerated through the power of God’s spirit and water in God’s son Jesus Christ. Due to this, the female at the center of the proceedings submitted a request to alter the name stated on her certificate of birth.  

What Did The Judge Say?

The judge presiding over the case sitting in the High Court carefully reviewed the Claimant’s case and found that the female born-again Christian had made claims under the Cestui Que Vie Act of 1666. No, all law students and practitioners will be aware that this Act relates to persons who find themselves in the position of being beneficiaries under a trust or policy of insurance and have a potential entitlement to the property contained in the trust. However, this particular claim has seemingly got the High Court judge’s back up, to say the least when the judge correctly pointed out that as alluded to earlier this particular piece of legislation was in connection with trust property. The judge openly admitted that he could not see how this applied to the case in question. Seemingly, when the High Court judge received the submitted claim form the judge made the decisive decision to quickly strike out the submission without much delay. 

How Did The Born Again Christian Respond? 

When the presiding High Court judge rejected the born-again application for the name change she submitted a request for this to be set aside on the basis that her birth name had (in the view of the claimant) been registered incorrectly. She had even partaken in a twenty-minute telephone hearing putting her point of view to the judge. However, if the claimant had thought that she had some hope of success in this application then she was mistaken, and the judge could find no evidence suggesting this.      

Lessons Learned?

Legal professionals should be advising their clients to:

  • ensure they have evidence to support their assertions

  • not submitting frivolous and vexatious claims to the courts and

  • only use pieces of legislation that relate to the claim in question

to reduce the chances of cases falling flat on their faces in future claims.  

ASSESSING FIRMS

#BrabnersLLP #HalBrownFamilyLaw #IrwinMitchell #JMWSolicitors #MaguireFamilyLaw #Mills&ReeveLLP #MSBSolicitors #Weightmans #Aaron&Partners #FarleysSolicitorsLLP #HillDickinsonLLP #McAllisterFamilyLaw #MyersonsSolicitorsLLP

THE ARTICLE WAS WRITTEN USING THE FOLLOWING SOURCES 

[SOURCE 1] Michelle Andrea Hargreaves (styling herself as ‘The Lord Jesus Christ v The District Probate Court [2022] EWHC 2605 (Ch) - Hargreaves v The District Probate Court [2022] EWHC 2605 (Ch) (27 June 2022) (bailii.org)

[SOURCE 2] Hyde, John – Woman claiming to be Christ warned to stop using court time – Law Society Gazette – 3 November 2022 - Woman claiming to be Christ warned to stop using court time | News | Law Gazette

[SOURCE 3] Cestui Que Vie Act 1666

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