Solicitor/negligence claim:

[callum1999]

I am assuming that if the Court/Judge have been told despite being giving the opportunity on numerous occasion to show the validity of a legitimate contract, but refuse such obligation and breach DPA and any rights a client has to request this and under the criteria set which would also breach SRA, the Court and any judge when giving notice as to any doubt in a contract would as it is in the interest of justice, make sure and when asked to, order the other-side to proof the validity of the contract, which and giving the other-sides refusal is more likely, than not, to establish no contract was in place, which would mean that in any event, they had no right to legally represent me, would want this proofed.

 

They have clearly stated and when asked how the case was funded under CPR18, that the contract was based on public funding.

 

Again i have invited the other-side to proof this and have been advised by the ICO and LA, that form CW1 would have been fully completed and with supportive documentation of being qualified for legal representation to be made, and in their possesion.

 

The other-side and again whilst breaching DPA have not and when invited provided the form CW1 which i would have had to have signed in order for them to represent me from the start.

 

If i were the firm and i had this proof i would have provided by now, they have not, but the Courts who are now aware of the contract issue are adopting the same principle which would suggest, there was no contract..

[callum1999]

During the hearing i said that i was relying on the report from previous solicitor/barrister who were dealing with any claim for negligence.

 

They were adamant that the solicitor profession neglected his duty whilst representing me, and the letter and facts between both solicitors was disclosed for me to rely upon.

 

According to the judge at hearing, when asked to consider this communication, in his words, i dont have to consider that, funny that, because had he considered the evidence his judgment could well of been different, he did not take that oppotunity when presented with the evidence, and when this was mentioned during the hearing.

[BazzaS]

During the hearing i said that i was relying on the report from previous solicitor/barrister who were dealing with any claim for negligence.

 

They were adamant that the solicitor profession neglected his duty whilst representing me, and the letter and facts between both solicitors was disclosed for me to rely upon.

 

According to the judge at hearing, when asked to consider this communication, in his words, i dont have to consider that, funny that, because had he considered the evidence his judgment could well of been different, he did not take that oppotunity when presented with the evidence, and when this was mentioned during the hearing.

 

Did you enter those as exhibits or witness statements?.

If not, then the judge is correct to say they don't have to consider them.

 

Thus the failure to consider them isn't a procedural deficit that would stand as a grounds to appeal.

[BazzaS]

I am assuming that if the Court/Judge have been told despite being giving the opportunity on numerous occasion to show the validity of a legitimate contract, but refuse such obligation and breach DPA and any rights a client has to request this and under the criteria set which would also breach SRA, the Court and any judge when giving notice as to any doubt in a contract would as it is in the interest of justice, make sure and when asked to, order the other-side to proof the validity of the contract, which and giving the other-sides refusal is more likely, than not, to establish no contract was in place, which would mean that in any event, they had no right to legally represent me, would want this proofed.

 

They have clearly stated and when asked how the case was funded under CPR18, that the contract was based on public funding.

 

Again i have invited the other-side to proof this and have been advised by the ICO and LA, that form CW1 would have been fully completed and with supportive documentation of being qualified for legal representation to be made, and in their possesion.

 

The other-side and again whilst breaching DPA have not and when invited provided the form CW1 which i would have had to have signed in order for them to represent me from the start.

 

If i were the firm and i had this proof i would have provided by now, they have not, but the Courts who are now aware of the contract issue are adopting the same principle which would suggest, there was no contract..

 

It has already been pointed out to you that this wasn't in your PofC.

You keep coming back to this issue, but since it wasn't in your PofC (and you didn't apply early enough, if at all, to amend your PofC) : it won't be relevant to an appeal.

 

You might try and claim "but it was an unjustice", but the fault is yours for not getting it into the PofC before the claim was struck out.

You won't be able to rely on it as a grounds for appeal.

 

So,

How many days to go now before the appeal needs to be in, Callum?

and

Can you be very precise please, what in the Defence can you prove to be fabricated?

[callum1999]

Did you enter those as exhibits or witness statements?.

If not, then the judge is correct to say they don't have to consider them.

 

Thus the failure to consider them isn't a procedural deficit that would stand as a grounds to appeal.

 

Contained within the witness statement and was part of the exhibit's that was in compliance with the Order.

[BazzaS]

Contained within the witness statement and was part of the exhibit's that was in compliance with the Order.

 

you actually entered them as an exhibit?. You haven't mentioned that before.

How did you request that, and when??.

 

I've previously suggested you post up the witness statements (you haven't yet!), together with the dates they were both filed AND served........

[callum1999]

Upon referral after transfer from the High Court and reading the Defendants application for the claim to be struck out.

 

IT IS ORDERED THAT

 

1. List for hearing on 18th August 2016 with a time estimate of 2 hours.

 

2. The Claimant shall serve a short statement in reply to the application to strike out by 400pm 9th August 2016 ( i complied with that order witness statement set out below)

 

3.Both parties shall file and serve statements at Court by 11th August ( Complied and with exhibits incl the evidence in support of negligence and reasons set out by solicitors who were dealing with negligence claim) that the judge stated he would not consider.

 

4. The parties shall submit proposed directions , to be agreed if possible by fax or emailed marked for the attention of the District udge, no later than two days before the listed hearing.( complied with))

 

5. The parties are inviteed to file a consent order prior to hearing with a view of the hearing being vacated.

 

6. The Court has made this order on its own initiative pursuant to Rule 3.3 of the CPR, Any party affected by this order has the right to apply to set it aside vary or stay, by application not more than 7 days after this order was served on the party making the application, (made application to have order set aside, under n244 application and exemption form with proof) court said they did not receive when i telephoned to confirm i had made application. the clerk said it was probably within the system but not sure.

 

Dated 18 July 2016

 

Claimants response to the above order:

 

WITNESS STATEMENT OF THE CLAIMANT.

 

I the Claimant will state;

 

And in in accordance with the order made by District Judge ? on 19th July 2016.

 

1. The Defendants application and the merits on which they intend to rely upon, and in particular alleging the Claimant has breached CPR 16.4 by alleging the Claimant is in abiuse of the process, and on the grounds that the Claimant has failed to properly to plead or particularise is claim is evidently unfounded and misrepresented.

 

2. If, which the Claimant denies, that CPR 16.4 been reached , any previous Court officer , if minded, any Judge on considering the Particulars of claim would have been in a position of (a) giving notice of breach (b) and making an order under the Courts own imitative as to remedy or strike the Claimants claim out if the Claimant was breaching that procedure which was not the case.

 

3. Further, on considering the Particulars of Claim, Master ? QC, after considering the Particulars of Claim was minded and had formed an opinion that the merits of the case was suitable for multi track.

 

4. In respect of the Defendants second allegation to strike out the case, again on the balance and on the strength of evidence there are a number grounds to warrant a claim for professional negligence, the Claimant has not just taking the decision on what he feels was a series of negligent acts, but has previously also taking legal advice from a number of qualified professionals, solicitor, who are by far, more legally qualified than the Claimant, who have identified and giving evidence to the Defendants that shows n a number of occasions, and in particular, ignoring the Claimants instructions that all point to the same fact that the level of service and any obligation duty the Defendant owed the Claimant, on this occasion was not to a standard that fell way below, and on a number of occasions below the standard such profession would reach.

The Defendant also makes reference in support of their application and for reasons that the Claimant claim be struck out on the grounds of unsupportive evidence.

The Claimant has provided a considerable amount of evidence that he feels would prove beyond any doubt, add to this the Defendants continually refusing to to provide a notice to admit facts, is not because those facts undermined the Defendants defence, this evidence would further support the unsupportive evidence that the Defendants have referred too, which is not the case.

 

The Claimant believes this statement is true and to the best of his knowledge

 

Signed and Dated 3rd August 2016

[BazzaS]

And when did you a) file with the court, and b) serve on the Defendant, that witness statement??.

What was the defendant's witness statement (and are you claiming it wasn't filed / served in time)?

 

Did you actually exhibit the legal advice you refer to, or leave it as hearsay?. If you exhibited it, how did you exhibit it?.

 

(Since you mention the 'second allegation') ; We haven't seen the Defence beyond paragraph 14. What part(s) of the Defence can you

a) prove were fabricated, and

b) so prove on the current information before the court (at the time the strike out was considered).

 

Stating that one party's legal opinion was "more legally qualified" than another's, wasn't your brightest move. It isn't anything you are qualified to give an opinion on.

[callum1999]

The judge also dismissed as being not of any relevance, Shelters evidence,( exhibited) and in particular the fact that they had referred it onto to a firm of solicitors for an injunction to be sought against the Council.

 

When i tried to point this out he said that the solicitors were not duty bound to seek an injunction, i politely pointed out that they were duty bound to inform Shelter and me before taking over the case, that they could not meet the needs of the referral and should have declined to act if their intentions were not what was needed at that time.

 

They should have said thanks but no thanks, try another firm of solicitors who are more likely to get the order that has been referred to us.

 

I explained to the judge that no-one had twisted their arm behind their back to take the case on, they obviously were not suited to represent and act but still took the case on knowing that they would not risk any application to seek an injunction, which they were minded and obviously agreeable too in allowing Shelter to pass the case over.

[BazzaS]

When you say "exhibited", what do you mean?

How did you "exhibit" it?.

 

I'm just aware that previously, your understanding of some legal terms hasn't been quite in step with what others might understand the term to mean.

Is it possible they remained as hearsay evidence?.

[callum1999]

And when did you a) file with the court, and b) serve on the Defendant, that witness statement??.

What was the defendant's witness statement (and are you claiming it wasn't filed / served in time)?

 

Did you actually exhibit the legal advice you refer to, or leave it as hearsay?. If you exhibited it, how did you exhibit it?.

 

(Since you mention the 'second allegation') ; We haven't seen the Defence beyond paragraph 14. What part(s) of the Defence can you

a) prove were fabricated, and

b) so prove on the current information before the court (at the time the strike out was considered).

 

Stating that one party's legal opinion was "more legally qualified" than another's, wasn't your brightest move. It isn't anything you are qualified to give an opinion on.

 

The witness statement was sent by email and by post on 4th August 2016, to the Court and the Defendants.

 

Notice was also served on the same day 4th August 2016 i was going to make application, which i did for the right to have the Courts own order set-aside, which was indicated under paragraph 6 of the order.

[callum1999]

When you say "exhibited", what do you mean?

How did you "exhibit" it?.

 

I'm just aware that previously, your understanding of some legal terms hasn't been quite in step with what others might understand the term to mean.

Is it possible they remained as hearsay evidence?.

 

It was exhibited and subsequently indexed after the statements and other evidence was listed, in file and within the bundle and in compliance with Paragraph 3 of the order made 18th August 2016.

 

So in answer to your final paragraph, no, it would not be deemed hearsay as it had been correctly disclosed and indexed..

[callum1999]

The witness statement was sent by email and by post on 4th August 2016, to the Court and the Defendants.

 

Notice was also served on the same day 4th August 2016 i was going to make application, which i did for the right to have the Courts own order set-aside, which was indicated under paragraph 6 of the order.

 

Notice of the right to set-aside was sent and dated 25th July 2016, this was emailed to the Defendant and the Court on the 25th July 2016, and within the period stated under paragraph 6.

[BazzaS]

Notice of the right to set-aside was sent and dated 25th July 2016, this was emailed to the Defendant and the Court on the 25th July 2016, and within the period stated under paragraph 6.

 

Trying to set aside the order for the hearing was pointless.

You should have focused on opposing the strike out application.

You've already been advised of this.

[BazzaS]

It was exhibited and subsequently indexed after the statements and other evidence was listed, in file and within the bundle and in compliance with Paragraph 3 of the order made 18th August 2016.

 

So in answer to your final paragraph, no, it would not be deemed hearsay as it had been correctly disclosed and indexed..

 

What EXACTLY did you "exhibit"?

[BazzaS]

What EXACTLY did you "exhibit"?

 

Not that it matters that much : looking again, your witness statement makes no specific reference to any exhibits!.

 

If you haven't referred to them in your witness statement, the judge won't necessarily have even looked at them!

[callum1999]

Trying to set aside the order for the hearing was pointless.

You should have focused on opposing the strike out application.

You've already been advised of this.

 

No it wasn't pointless at all, if it was pointless, it would not have been an option on the Order, and i was focused on the strike out application, because it was struck out has nothing to do with me not being focused, the Judge and the Courts were the ones who were not focused.

 

Like for example not considering the evidence that if considered, which was not considered would have proved there were no grounds to strike my claim out, the complete reverse, you know this, as do they.

 

So was the judge right to dismiss my previous solicitors and my previous barristers evidence which evidently pointed out (a) the negligent act (b) in support of my claim and completely opposing any grounds for the other-side to strike out.

 

The evidence was there, in full, the Courts and more importantly the Judge did not want to consider it, as plain as.

[callum1999]

Not that it matters that much : looking again, your witness statement makes no specific reference to any exhibits!.

 

If you haven't referred to them in your witness statement, the judge won't necessarily have even looked at them!

 

I have and i did in the second witness statement.

 

The judge was obliged to look at them, or is there a separate set of rules for anyone legally qualified to make representation.

 

The Judge was also invited to consider the evidence during their application, again he declined.

 

You cannot pick and choose what evidence needs to be considered, it does not work that way.

[BazzaS]

I have and i did in the second witness statement.

 

The judge was obliged to look at them, or is there a separate set of rules for anyone legally qualified to make representation.

 

The Judge was also invited to consider the evidence during their application, again he declined.

 

You cannot pick and choose what evidence needs to be considered, it does not work that way.

 

So now there is a second witness statement?.

That you haven't mentioned until now, or posted.

Was that the your final witness statement, or do you have more "up your sleeve"?

 

Why be coy?

The defendant has seen them already! There is no need to be shy with them : without all the relevant info you won't be able to be helped (IF you are able to be helped......)

 

Radical suggestion : post up all the info that has been requested (the defendant's application, your response, the witness statements [all of them]!, the defence in full.....). What if the defence can you prove was fabricated?

You are running out of time, and making people drag information out from you serves no one.

[BazzaS]

No it wasn't pointless at all, if it was pointless, it would not have been an option on the Order,

 

GM has (adequately) addressed this point already.

[BazzaS]

The OP, post 586, 21st August

In a nutshell, you cannot supersede applications made by the other party as a means of obtaining a judgment, as was the case, and regardless of what court considered the application.

 

SV, post 595, 22nd August

Either way, I would think long and hard about an appeal when you're struggling to explain here, precisely what happened at the hearing, on what grounds you will appeal the Order made and why there has been an error by the Judge, either legally, factually or procedurally -

 

"In a nutshell, you cannot supersede applications made by the other party as a means of obtaining a judgment, as was the case, and regardless of what court considered the application. Very strong grounds for appeal, not to mention any judicial review, based on the Orders and applications completely ignored." - I fear that won't cut it...

 

Thanks for that SV,

 

You give some positive advice, and in particular, "you cannot supersede applications made by the other as a means of obtaining judgment"

 

SV wasn't advising "you cannot supersede applications made by the other as a means of obtaining judgment": they were instead quoting YOU saying that, and disagreeing, noting "I fear that won't cut it... "!

 

How goes the drafting of the appeal?. When is it due in by?

 

Are you planning:

a) an appeal (only)?

b) a judicial review (only)?, or

c) both (if the appeal is refused permission, or allowed permission but fails)? ....

(previously asked, and no reply given, post 587, 21st August)

 

1) how are you planning on showing you were "completely ignored", rather than "considered and not agreed with".

2) are you planning to appeal, planning a judicial review application, or both?

[callum1999]

The OP, post 586, 21st August

 

 

SV, post 595, 22nd August

 

 

 

 

SV wasn't advising "you cannot supersede applications made by the other as a means of obtaining judgment": they were instead quoting YOU saying that, and disagreeing, noting "I fear that won't cut it... "!

 

How goes the drafting of the appeal?. When is it due in by?

 

Are you planning:

a) an appeal (only)?

b) a judicial review (only)?, or

c) both (if the appeal is refused permission, or allowed permission but fails)? ....

(previously asked, and no reply given, post 587, 21st August)

 

It has nothing to do with planning, what has happened has now happened.

 

It is now fundamentally clear any orders, any evidence and the needed procedures on which i could have relied upon to not only undermined the other-sides case and at the same time prove my case have all been violated.

 

In a nutshell, there were two sides to this case, only one side has been afforded the right to put their side, if this were a criminal case, you would be looking at the the most blatant of miscarriages of justice, as with most cases of miscarriages of justice, and this was no different, the legal rights that any individual has or had to rely on the evidence if denied for one reason or another, which is by now, evidently proven, such actions are not only malicious, but those who have been partial to those evident were never PREDOMINATELY MOTIVATED AS TO SECURE THE ENDS OF JUSTICE......

[callum1999]

Civil Procedure Rule 32.14, and the appropriate Court, on this occasion will consider the application as the solicitor has now relied on the evidence and in particular, the funding of the case, which based on the evidence that i have now in my possession would suggest not only the solicitor is now in contempt of court, for not only misleading but also failing when asked to proof a contract, which is still the case, today.

[BazzaS]

It has nothing to do with planning, what has happened has now happened.

 

It is now fundamentally clear any orders, any evidence and the needed procedures on which i could have relied upon to not only undermined the other-sides case and at the same time prove my case have all been violated.

 

In a nutshell, there were two sides to this case, only one side has been afforded the right to put their side, if this were a criminal case, you would be looking at the the most blatant of miscarriages of justice, as with most cases of miscarriages of justice, and this was no different, the legal rights that any individual has or had to rely on the evidence if denied for one reason or another, which is by now, evidently proven, such actions are not only malicious, but those who have been partial to those evident were never PREDOMINATELY MOTIVATED AS TO SECURE THE ENDS OF JUSTICE......

 

All par for the course for your style of reply : lots of pseudo-legalese but no substance.

 

Back to practicalities:

How goes the drafting of the appeal?. When is it due in by?

 

Have you made / Will you be making

a) an appeal (only)?

b) a judicial review (only)?, or

c) both (if the appeal is refused permission, or allowed permission but fails)? ....

[BazzaS]

Civil Procedure Rule 32.14, and the appropriate Court, on this occasion will consider the application as the solicitor has now relied on the evidence and in particular, the funding of the case, which based on the evidence that i have now in my possession would suggest not only the solicitor is now in contempt of court, for not only misleading but also failing when asked to proof a contract, which is still the case, today.

 

What can you prove they mislead the court with?

Not "think you know", nor "will be able to prove but just need that key piece of evidence", but actually prove, here and now.

 

Do you think their failure to produce a contract is contempt of court, and if so, why?

You asking for it but them not producing it if the court never ordered disclosure wouldn't be contempt of court.

 

Rational & reasoned legal argument rather than ranting about dodgy this and crooked that would be helpful.