Solicitor/negligence claim:

[Guest]

Can we keep it civil please, people.

 

HB

see, it seems to be going round in circles. C posing q's/issues, the guys replying and asking q's accordingly which never seem to be answered straightforwardly given the advice given, for the guys to then give approp advice, with not much being resolved.

 

callum

as Ganymede posted (who is a sol btw afaik), appealing is not as straightforward as may be seen.

[honeybee13]

Callum, please let us know how you get on tomorrow, however it goes.

 

HB

[callum1999]

Callum, please let us know how you get on tomorrow, however it goes.

 

HB

 

I will, mate:-D

[callum1999]

OK make it simple for me : how can you want to claim for breach of contract if in the same breath you say there never was a contract?

 

However, despite you not making sense on that, that becomes irrelevant if the court never even gets to consider those issues if your PofC gets struck out.

 

If that happens tomorrow, and your plan is to appeal : what are your grounds for appeal?

 

Quite simply, An abuse of process, grounds, and i might add grounds under HRA 1998, Article 6.

 

So there are two avenues, not one, as you are assuming (again).

[callum1999]

see, it seems to be going round in circles. C posing q's/issues, the guys replying and asking q's accordingly which never seem to be answered straightforwardly given the advice given, for the guys to then give approp advice, with not much being resolved.

 

callum

as Ganymede posted (who is a sol btw afaik), appealing is not as straightforward as may be seen.

 

Avoiding and giving logical answers to how the other-side could even crawl through a court door tomorrow, was and still is, a giveaway:!:

 

I've nothing against solicitors, only those who defend, the undefendable, its a nasty habit.

[BazzaS]

On what grounds will you appeal? (I'm expecting something as vague as "Article 6", but you'll have to be more precise than that in your appeal!).

 

Prediction made.

 

Quite simply, An abuse of process, grounds, and i might add grounds under HRA 1998, Article 6.

 

So there are two avenues, not one, as you are assuming (again).

 

Prediction was made correctly. "Article 6" gets wheeled out so frequently as "One of the 2 sides looses, and it was me" becomes "it must have been unfair, since I lost!".

However, what if the reason someone loses is their poor case preparation / poor case presentation : that doesn't mean that the process automatically becomes unfair!

 

You've decided that if they strike out your PofC, it must be an abuse of process, before hearing

a) if they actually are striking it out

b) if they do, the reasons why.

 

How can you know it's an abuse of process if you don't yet know the process they have followed?.

 

As I mentioned (when making my prediction of what I expected your response to be!), you'll have to be a lot more precise than that if making an appeal.

[Ganymede]

Good luck in Court today Callum.

[AndyOrch]

Good luck in Court today Callum.

 

And please update your thread with the outcome...good or bad.

 

Andy

[callum1999]

Is there a CPR on which to request that the Court order one side to compel the solicitor to provide the retainer within a stipulated time.

[callum1999]

And please update your thread with the outcome...good or bad.

 

Andy

 

Thanks, and appreciated.

[callum1999]

Good luck in Court today Callum.

 

Thanks GM, appreciated.

[BazzaS]

Is there a CPR on which to request that the Court order one side to compel the solicitor to provide the retainer within a stipulated time.

 

CPR 31, (but : and this bit is important ! : provided the document is relevant to your case AS PLEADED). If it isn't relevant to your current PofC, the other side will just state "it isn't a disclosable document"

 

What directions (if any) have been issued for disclosure?

If disclosure has taken place, was the document you seek listed at disclosure? (and if so in which section? 1,2, or 3)

 

If disclosure has taken place, then which part of CPR 31 is relevant will depend on the answers to the above queries.

[BazzaS]

Mind you, you've asked this before and had the reply before.

(On 19th July)

All i am asking is to witness the originals and pay for copies if need be.

Disclosure.

 

CPR 31 deals with disclosure.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

[callum1999]

The Document is relevant to the case and the other-side are refusing to provide CPR 31.15, its proof that (A) that in any event, they had a retainer to act negligently, or not act negligently, to the PoFC, (B) And that retainer could be relied upon in any defence, as any defence would need a contract that would have been in place, in order to defend.

[callum1999]

On what form number would the application have to be pleaded on??

[BazzaS]

What directions (if any) have been issued for disclosure?

If disclosure has taken place, was the document you seek listed at disclosure? (and if so in which section? 1,2, or 3)

 

If disclosure has taken place, then which part of CPR 31 is relevant will depend on the answers to the above queries.

 

The Document is relevant to the case and the other-side are refusing to provide CPR 31.15, its proof that (A) that in any event, they had a retainer to act negligently, or not act negligently, to the PoFC, (B) And that retainer could be relied upon in any defence, as any defence would need a contract that would have been in place, in order to defend.

 

It remains that which part of CPR 31 you might use is affected by the questions

"What directions (if any) have been issued for disclosure?

If disclosure has taken place, was the document you seek listed at disclosure? (and if so in which section? 1,2, or 3)"

 

If you don't answer, how do you expect to get a more focused / useful reply?

 

On what form number would the application have to be pleaded on??

 

It is worth working out which part of CPR 31 you want to rely on, else which form it is won't matter........... (But applications, in general, are made on a N244).

[callum1999]

But if that document could prove once the hearing KO, i am alleging a criminal offence, as the other-side and in their application today, have indicated that there was a legitimate contract for their client to represent me, the evidence that i have obtained because they did not want to show this, more likely, than not, this was not the case and there was no retainer.

 

Rule 31.12 i would assume

 

Is there any other CPR when one party suspects the other has and is perverting the course of justice?

[BazzaS]

You are mixing your civil (CPR) and criminal (allegations of perversion of the course of justice) law again.

Focus on today's hearing. If your PofC is struck out (and permission to amend the PofC not given) you'll have no civil case ongoing, and CPR 31 will no longer be relevant while your case is struck out.

[Ganymede]

But if that document could prove once the hearing KO, i am alleging a criminal offence, as the other-side and in their application today, have indicated that there was a legitimate contract for their client to represent me, the evidence that i have obtained because they did not want to show this, more likely, than not, this was not the case and there was no retainer.

 

Rule 31.12 i would assume

 

Is there any other CPR when one party suspects the other has and is perverting the course of justice?

 

Remind me, have both of you filed Directions Questionnaires yet? If so do you have Directions back from the Court?

 

Disclosure of the contract should be provided at the appropriate disclosure stage , if it isn't then you can consider an application for specific disclosure.

[callum1999]

Claim struck out, now that is a surprise, NOT:-D

 

Application for other-side to provide retainer, refused.

 

Whitewash, and as predictable as day following night.

[BazzaS]

Did you seek permission to appeal?

Do you plan to appeal?

 

If you plan to appeal what level of judge heard the application?

Was it a Deputy District Judge? District Judge? Circuit Judge?

 

What costs order (if any) was made?

[callum1999]

Did you seek permission to appeal?

Do you plan to appeal?

 

If you plan to appeal what level of judge heard the application?

Was it a Deputy District Judge? District Judge? Circuit Judge?

 

What costs order (if any) was made?

 

No

Yes

District

9k, 5k to be paid in 14 days.

 

Argued and managed to get CPR 31.12 application, dismissed.

[callum1999]

The judge knew i was right with there being no legitimate contract as to represent me.

 

But he has made his decision to turn a blind eye to the most obvious.

 

We march on

[callum1999]

The other-side argued and relied on previous cases that have been struck out on the same allegations.

 

But as i pointed out, those cases and those solicitors would have had a legitimate contract in place.

[Ganymede]

The judge knew i was right with there being no legitimate contract as to represent me.

 

 

 

Really??! Did the Judge actually say that