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  1. Same old same, any contribution that remotely incriminates a solicitor or anything with a legal qualification gets whitewashed.
  2. Moving back and on subject i now find myself in a position whereby the evidence that has been ignored by the other side as this would undermined their case/defence is not not an option for them or anyone else to conveniently hair brush out of is no longer an option nor right i would assume. If as suspected they cannot produce what the OCI have indicated that they must produce, this will now demonstrate that the solicitor was and never was in a legitimate position of representing and thereafter making unlawful profit from those actions.
  3. And to remove any doubt the OP was not in a position "TO PROVIDE" their evidence because the solicitor who had acted negligently was, is and still wants to breach DPA. That said, any giving the stance taking by the OCI, he has now lost that right as it would now appear.
  4. I have been giving summary judgement which the solicitor is appealing against on the claim that the solicitor breached DPA. The other side are claiming the issue with any breach of DPA has been previously dealt with under the negligence claim which was not an issue nor was it mentioned in those proceedings. What, if any weight does the reason that the OCI have adjudged my rights under the DPA have been breached will the Court consider?
  5. The Information Commissionaires Office and after investigating have decided that a previous firm of solicitors have breached the Data Protection Act 1998, by failing and when requested to provide data that would demonstrate funding and a legitimate contract were in place when it has been alleged that they were in a position to (a) legally represent, (b) and profit from the misrepresentation. The OCI have now instructed the firm to provide all the needed data within seven days. What are the consequences if any if the firm continues to ignore and provide this information?
  6. Have just been giving judgment in respect of a litigation that i had against a previous solicitor who breached the Data Protection Act, and still continues to breach the Act which is stopping me from relying on the data that would show that he has committed a number of breaches which would include concealing evidence relevant to a case. Further the Information Commissionaire Office have now also advised me that the solicitor has ignored their request for this information and the 28 day period for the solicitor to give his reasons has now expired. But for this information being disclosed this is allowing the solicitor to avoid the proof that would demonstrate that he has breached a number rules and Acts. He seems to be hiding this evidence or no evidence to suggest a contract was in place can be provided, the latter being the more likely.
  7. So you need a lawyer and the funds to be able to pay for one and that will guarantee the Court and the judge to consider the case on equal terms. All things being equal it should not come down to who is making representation it should be based on the evidence of fact which on this occasion and on many occasions is being ignored which is how the legal system unfortunately works and has claimed yet another victim.
  8. No And what other issues are you wanting to obey??
  9. I have contacted the Council head of legal services who dealt with a claim that i had against them and they say that they are satisfied with the legal bill that my solicitor has incurred and subsequently paid. They have referred to a letter that shows justification in the payment but are not prepared to show me the letter or the legal bill that shows how those costs were incurred. Can i request this information or would this be outside the scope as to right to data under DPA. Any help would be appreciated. thanks Callum
  10. Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual. I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose. What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point. On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.
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