Jump to content

Romancey23

Registered Users

Has the CAG helped you...?
Please help us.

  • Content Count

    9
  • Joined

  • Last visited

Community Reputation

2 Neutral

About Romancey23

  • Rank
    Basic Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. This is a tough one. I believe you can make an application for an order to substitution of service, but I have never made one, and we don't know if it would work! You would need a very good reason for the application, and 1-3 are most likely not good enough (3 is probably true though!). Reasons such as the size or cost of the documents to serve would be unreasonable to do so by post, jurisdiction, disability (depending on specifics) things like that. The Defendant accepting email service in other cases most likely would not be relevant. you also may want to consider whether it is worth it - the application comes with a hefty fee AND takes time - will your service deadline expire while you're awaiting for the hearing? You also run the risk of annoying the judge and you don't want to start off on the back foot if he takes the position that either party is being petty or difficult. The application will also most likely be contested.
  2. You cannot force the Def or their legal representative unfortunately. CPR PArt 6.20 states that documents can be served by ...(d) fax or other means of electronic communication in accordance with Practice Direction 6A; However, PD 6A states that to serve by email Service by fax or other electronic means 4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means – (1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – (a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and (b) the fax number, e-mail address or other electronic identification to which it must be sent; and (2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) – (a) a fax number set out on the writing paper of the solicitor acting for the party to be served; (b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or (c) a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court. 4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). If you do not have their permission and they have not included their email on court documents, then you should not serve by email. Is there any reason why you cannot serve via post? There has been come case law recently about litigants in person and correct means of service and unfortunately so far it is in favour of serving by the CPR so its not worth risking an argument of documents being struck out as they were not served properly.
  3. I am actually legally trained (although i am in no way giving legal advice, only suggestions in what actions you may want to consider and contested probate is not the area i work in now, although i do have some knowledge) and I'm afraid i have to disagree and absolutely agree with Ethel Street, unmarried partners can and do make claims under the IA as long as you have lived together for at last 2 years. It is up to a judge in the end to decide if their claim is valid. I also didn't intend to upset with suggesting you discuss this with the people involved, however i am a firm believer that someone should be aware of all the options and they can make a decision about what is best for their decision, and discussing their wishes is one of the first things i was taught about these things. I can also confirm that providing a place to live rent and bill free can be considered a financial option and can be considered in an IA claim. Again, i recommend you speak to a specialist about this
  4. I'm sorry to say that your partner, and her son, may well have a valid claim over your estate. They will be eligible to make a claim under the Inheritance Act. There are 5 set classes of Claimants, the ones that are relevant to you are: Cohabitee (someone living as husband or wife with the deceased for at least 2 years immediately prior to death) and Anyone partly or wholly maintained by the deceased immediately before their death. As you pay for both their lifestyles then it is likely that they can argue you maintained them, and so have a right to your estate. That doesn't mean you can't make your will how you want to, but you are running the risk they will make a claim under the Inheritance Act that they should have been given more in your will than what you had provided for. Contested probate claims are quite expensive and it is likely only a judge will be able to say if they are definitely covered (although it looks like it) and the allowances you have made are sufficient or not. I would always advise discussing this with your partner, because if they understand the reasons for your decisions, people may be more likely to respect your wishes, but it's entirely what is best for your situation. I would ABSOLUTELY advise you go to a solicitor to have expert advise and to draw up the will, to minimize the likelihood of your estate being contested
  5. If you are thinking of using a PI solicitor you need to contact them NOW as many firms will turn you away if they do not have much time to investigate you claim before having to issue it in the courts to protect your claim from becoming statute barred. I can't say much for MIB claims as that is not the sort of PI i have experience in, but it has the same 3 year time limit so you need to have submitted your claim to them (in full!) by the 3 years so I cannot stress enough that you need to do something now about it. As said above - check your home insurance as if you have legal expenses cover you usually get to keep 100% of your compensation, otherwise a solicitor will take a chunk.
  6. To bring a claim under negligence (any type of claim, clinical, professional etc) you have to show: 1: the Def had a duty of care towards you 2: they breached this duty of care 3: because of the breach (i.e. causation) 4: you suffered a loss. If you want to sue someone else's solicitor, you will have to show they had a duty of care towards you, it will be a much harder burden to prove (if you are their client it is automatically assumed). I have never litigated against someone else's solicitor for prof neg before (although i will try and ask around as it may be just uncommon). Even if you prove 1 and 2, you need to show a quantifiable amount for 3 and 4. Have you suffered any financial loss because of this? If you were purchasing a house for example, can you show that you were in talks with the estate agent or that you had put an offer in etc and then it was declined and prove you had an adequate deposit etc.? It may not be enough to state you were thinking about buying something.
  7. Limitation is a defence that can defeat a right of action (e.g. breach of contract). A person/company can still ask you for the money even if the claim is SB, and try and sue you for it despite limitation passing, and it is up to you to raise a defence of SB. It is why many creditors try and get back door CCJs etc when they know a claim is SB in the hopes people will not raise a limitation defence. I cannot see how you could claim this money back - as i said SB doesn't mean they can't ask you for it, it just means you have a genuine legal reason why you don't have to pay it anymore
  8. Thanks very much Andy you were completely right, he has now been asked for his version of events. I have looked at other threads and can see that he needs to draft a short letter setting out his version succinctly, and then grovel and offer to pay the fee and associated costs. Does that sound about right? Thanks again
  9. Hi all A friend came to me as I work in legal but this is outside my expertise and I have read some good advice on this site so hope someone might be able to help. My friend was caught without a ticket on a Cross Country train. They took a copy of his ID and said he would receive a fine in the post. Two months later he has only received this letter. From reading previous posts I had advised him he would receive a letter asking for his version of events but nothing else has come through yet. Is this the normal process? Any advice or pointers would be gratefully received. Many thanks Letter.pdf
×
×
  • Create New...