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Found 6 results

  1. Person in van decides highway code does not apply to him. Decides to drive on wrong side of road around a parked car on his side, and then drives all along the side of my car....and blames me. Despite the fact that he is clearly in the wrong he will not accpet any responsibility and my new car is wrecked. What next.
  2. Hi, I'm currently helping a relative defend a case that was filed against her from an estate agent who carried out unsafe works in her property at the beginning of the tenancy. The Claimant is represented by a solicitor, and my relative (Defendant) is litigant in person. Both parts provided written evidences and witness statements to the court but the Defendant received two weeks ago the court letter ordering: - The case be listed for 06 June 2014 with a time estimate of 1 and half hour - The Claimant to file and serve a reply to the defence at least 3 days before the hearing - Claimant witnesses to attend to give evidence Also, can the Defendant ask to the court : a) the Claimant to file and serve a reply to the defence at least 14 days before the hearing? b) A further 1 hour for each claimant witness in order to allow the Defendant to question them accordingly [as we believe the Claimant is going to provide fake witnesses and also commit perjury (the Claimant has never talked about any witness in his statements)]? Thanks
  3. I'm currently helping a relative defend a case that was brought against her from a plumber who carried out sub-standard and unsafe works at her property. The Claimant is being represented by a Solicitor, The Defendant is litigant in person. The court proceedings are well on their way - hearing is scheduled later this month and both parties have now submitted their court bundles to the county court. To be fair things are fairly straight forward - the Claimant has openly admitted to failing to provide a notice of right to cancel (cooling off period) which should make the contract unenforceable anyway as per The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008, plus they are in serious breach of The Gas Safety (Installation and Use) Regulations 1998 which has been confirmed in writing from the local Building Control Department (they didn't inform the Gas Safe Register either!) Anyway, what I'm stuck with. In the Directions Questionnaire completed by the Claimant, it states they intend to rely on only one witness (himself) in court. However, upon receiving the Claimant's court bundle there are also an additional TWO unsigned witness statements (aka: a feeble character assassination attempt). Is the Claimant allowed to a) change the number of witnesses at this short notice and b) provide unsigned witness statements (with a view to getting them signed and sent to the court a few days before the hearing)?
  4. Hi Please can somebody advise? My partner is the Claimant and we have just received the bundle from the Respondent. It includes an e mail statement from a person who claims to know my partner. The e mail goes like this; From William Williams To The Respondent CC John Johnson Dear Respondent I am writing to you to say lots of nasty words about the Claimant PP John Johnson My questions are; Will a court accept a statement that is NOT written or sent by the person who is supposedly making the allegations? Is a statement likely to be accepted by a court without the person making it or the allegations in it attending the court? We were led to believe that statements were only admissable if the person making it stood up in court and read it out loud. Just to clear any doubts the e mail has come from William William's work e mail address John Johnson is probably William's boss All names are made up.
  5. I have a hearing coming up for a deposit dispute. I have already lost one witness who promised to write a witness statement, but has now backed out for fear of retaliation. I know the hearing won't be fun, but I don't want my two remaining witnesses to get cold feet. It would be great to be able to tell them ahead of time what to expect. Can they be cross examined by the defendants like I can? One is particularly concerned as she is being aggressively pursued by them as well, and has filed a sizable counterclaim. She is keen not to jeopardize her case in any way by being a witness in mine. Is there anything she needs to be aware of? Thanks in advance!
  6. Hi everyone, first post so be gentle! Im posting on behalf of my partner, who is potentially facing dismissal. he works as a nurse at a large private nursing home (and has worked there for 10years). Several weeks ago he was suspended from work pending an investigation as serious allegations of abuse had been made at him. At this point no further details were given. he told me that he had no idea what it was about, and as I was aware that situations such as this were fairly common at this home due to misunderstandings, misinterpretation etc.(and they were usually resolved after a couple of weeks) I told him not to worry. However I did advise him to keep a detailed diary and do all correspondence by email where possible etc. He went to an investigation interview, but it was quite vague. Anyway, shortly afterwards the company got in touch to say he needed to attend a disciplinary hearing for alleged gross misconduct (and that the care authority had been informed of the allegations against him). After receiving the evidence against him, we realised that some of my partners colleagues had ganged up to try and force him out. it also became obvious that the company had made a complete hash of the investigation (2 witnesses were making the allegations, but their statements contradicted one another in several places and contain some very odd statements, people not interviewed properly, evidence ignored, anything that backed what my partner had said was suppressed from the head manager of the disciplinary hearing etc.). We also realised that several witness statements were missing and once we received them they completely backed my what my partner had said. Unfotunately the elderley resident that this resolves around is unable to communicate. We began preparing a statement for the disciplinary hearing, and as it seemed pretty clear what outcome the company had hoped for, we had a meeting with a solicitor who advised us to tell the company everything that was wrong in what had happened, as it all seemed very dodgy. I was sure that the company would carry out a further investigation after my partner had forwarded them his statement, as it was so strong and backed by alot of evidence. I was surprised when the company told him that they basically wouldn't investigate anything my partner had informed them of any further. I suggested that he should raise a grievance before the disciplinary reached a decision. An interview was held with a senior manager, who seemed to take what my partner said very seriously. we have now received a response, and basically the company has said that his grievance has no substance (this is despite it being supported by a lot of evidence). I've looked at the response in detail, and it is very vague in places, and I wonder if the company has hired a solicitor to write it (as this company has done in the past when caught in a tricky situation) my partner has appealed this decision, but im fully expecting them to uphold the original decision. my partner has maintained from the beginning that the allegations against him have been made up. So basically i'm after advice on what we should do next? is there anymore we can do? The entire disciplinary is relying on the evidence from these two witnesses, and the company is refusing to acknowledge what they have said happened doesn't make any sense (despite it being written in black and white), and is refusing to question them further on this. It seems like the two of them are just going to get away with doing this, which seems really unfair considering the hell weve been through. If my partner is dismissed he won't be allowed to work in the nursing industry again, and it's all hes qualified for, so this has all been rather stressful... The solicitor advised us to get back in touch with her as soon as the disciplinary panel reached a decision, as she felt that if dismissed, my partner had an extremely strong case of unfair dismissal, so we are just waiting for a decision at the minute from the company.. I have recently heard a rumour (from more than one source) that one of the accusers has done something similar to this in a past job, but got rumbled so quit before being pushed. Is there anything we could do with this information, or is it just best to keep it to ourselves? sorry for the long post, its just been such a nightmare, any advice appreciated
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