Former Chief Master Jonathan Winegarten has been accused of judicial fraud following his 2011 judgment that set aside a previous order made by a High Court judge in June 2011 amid new evidence that the grounds he relied upon in his judgment was baseless and without foundation and based on fraudulent misrepresentations and concealment of facts by solicitors Allen and Overy LLP who purported to represent the beneficial party at the relevant time the Libyan Investment Authority.
Jonathan Hitchin, a partner at Allen and Overy, is also accused of misleading and assisting in the concealing of vital evidence at the High Court, in the proceedings presided over by the former Chief Master Jonathan Winegarten, while purportedly representing the Libyan Investment Authority who at all times knew that in 2009 the Libyan government had approved that Paine Crow and Partners now Paine Crow and Partners LLP would act as power of attorney and broker to aid the office for the Libyan Minister for Oil led by secretary Shukri Mohammed Ghanem the former Libyan prime minister.
Financial Fraudster News investigations can reveal that during 2011 proceedings in Brown v Libyan Investment Authority which resulted in an order in favour of Brown, following an earlier assignment of an existing debt including rights to recover any defaulted debt following the then Libyan governments successful attempts to raise funds for humanitarian needs due to biting 2011 United Nations sanctions.
In September 2012 an application to the High Court by Allen and Overy in an attempt to set aside the 2011 judgment was allowed by Winegarten based on the fraudulent representations, conduct and concealment in the application made by Allen and Overy solicitors for the LIA.
The application by Allen and Overy who it is alleged to have in a sophisticated and premeditated act wilfully mislead the court and concealed the role of a company called Paine Crow and Partners appointed in 2009 by the Libyan Government to act as power of attorney which contained the rights to settle any litigation issues during 2011.
Financial Fraudster News can reveal that evidence given by Jonathan Hitchen in criminal proceedings as to how Allen and Overy came on record after PCP the then Power of Attorney with the authority to make legal decisions has now put probity of Winegarten's decision to set aside the relevant order into the context appears to be a sham as the person does not even exist and under oath Hitchen just said that Allen and Overy was testing to see what authority PCP acted upon despite Allen and Overy not being instructed.
Rule 11.01 of the solicitors' code of conduct 2007 provides that "you must never deceive or knowingly or recklessly mislead the court"
A spokesman for PCP has stated "We are considering taking legal action to set aside Winegarten's bogus order he was blindsided and was clearly intimidated by Allen and Overy" the spokesman further added "We will be asking Allen and Overy for further disclosure of details of who allegedly approached them in relation to the proceedings 2011."
Financial Fraudster News has seen evidence that contrary to the factually incorrect order made in September 2012 and that several civil court judgments have shown the order made by Winegarten to be totally without merit, unlawful, irrational and tainted with impropriety as PCP where unlawfully taken off record which Winegarten presided over bringing the civil justice system into disrepute contrary to the interests of the administration of justice.
Winegarten is now employed by Radcliffe Chambers as a mediator and has been asked to comment.
