Solicitor/negligence claim:

[Ganymede]

Gobbledygook again.

 

You don't defend your claim, you put the allegations to the Defendant in your PoC and they file a Defence in response.

 

If liability is denied the Court process continues to a trial where the Judge considers both sides and makes a ruling.

[BazzaS]

Gobbledygook again.

 

You don't defend your claim, you put the allegations to the Defendant in your PoC and they file a Defence in response.

 

If liability is denied the Court process continues to a trial where the Judge considers both sides and makes a ruling.

 

Although, as in this case, if they claim early on the PofC is too poor, that poor PofC doesn't get amended, and they make an application for strike out, the process can end without going to trial, if their application succeeds.

 

(I know GM knows this, but don't want "the Court process continues to a trial" to be seized on, out of context!)

 

Once they show the PofC should be struck out, they don't need to have a defence anymore, as the claim is gone.

 

This is why the OP should be focusing on why their PofC shouldn't have been struck out (without making any mention of the evidence they were going to seek), as that is what will be considered :

1) should the PofC have been struck out on the information available to the court at that point?

2) Was the correct process followed?.

[Ganymede]

Yes, I was talking generally and what would have happened had the PoC not been struck out.

 

Callum, Bazza is absolutely right that you need to focus on why your PoC should not have been struck out. Why was it deficient?

 

I can't find it so it may be worth copying and pasting the PoC here again as there's been hundreds of posts since.

[BazzaS]

Callum, Bazza is absolutely right that you need to focus on why your PoC should not have been struck out. Why was it deficient?

 

I can't find it so it may be worth copying and pasting the PoC here again as there's been hundreds of posts since.

 

From the 4th June:

The Defendants are claiming that i have not served a correctly pleaded particulars of claim, which i personally feel has detailed the aspects of my claim.

 

I would be obliged if someone could identify any inconsistencies and any thoughts on the particulars that i will now set out below.

 

Brief detail of claim

 

The Defendants failed in their professional obligation to act, recover or otherwise legally represent the Claimant on the advice giving by the Housing Charity Shelter, and instructions giving by the Claimant in regards to his disrepair case against the Council...

 

VALUE

 

More Than £25,00 (unspecified)

 

Particulars of cLAIM

 

The Defendants were initially contacted by Shelter who were concerned and had established through their legal department that the Claimants landlords ( city council) were breaching housing laws that had previously caused injuries and were continuing to put the Claimant and his family and any visitors at risk to health and safety, as a result of the disrepair to the lean-to which evidently was in dire disrepair.

As the area was left exposed to the elements and in particular, rain water which made the flooring hazardous and posed a serious risk to an electrical fire, as the electric points and goods had to be stored in the lean-to would become wet after any period of rain.

 

The Claimant suffered an injury as a result of trying to remove a tumble drryer, previously slipping on the wet floor,which resulted in 4 cracked ribs tissue and leg ligament damage, because of the Defendants proffesional negligence any legal claim to recover damages from the Council has now been lost, because clear instructions by the Claimant to the Defendant to reserve that right to claim was ignored by the Defendant.

 

The Claimants accident happened in May 2010 and came after the Council were made aware of the disrepair.

Not only was the Claimant and his family being subject to health and safety issues, such was the condition of the lean-to, and the rotten wood and doors, this allowed rats to be able to gain entry into the property via the lean-to and nest within the property predominately in the kitchen, behind units

 

 

 

CONTINUATION OF POC

 

The Claimant has a heart condition and suffers from PTSD which in no way has been helped by the action of the Defendants, who failed whilst representing the Claimant to initiate court proceedings for an injunction for the Council to remove the risk, as Shelter were minded to acheive, as it was clear that Housing laws were being breached, and this would include criminal acts being continually breached whilst the Defendant legally represented the Claimant.

 

The Defendant failed to take heed from the Claimant who instructed Court proceedings as to remove a serious risk, failed to seek further advice from a barrister or expert which was documented as being the course and failed in any event to reserve the Claimants right as instructed to pursue a PI claim pursuant to any compromise agreement that had since been established, not fully explained which again would demonstrate the Defendant the Defendant at all material times, whilst representing the Claimant was negligent.

 

We still don't know the reasons given (if any) for the strike out judgement,the details of the application for strike out and the application to oppose it, and the witness statements (and the dates on which they were both filed, and served, and if those dates complied with the court's order that required them)

[Ganymede]

Thanks Bazza.

 

The PoC aren't great for showing a cause of action against the Defendant and they focus on not reserving the right to bring a PI claim which is blown out of the water by the Defence. I can see why they were stuck out to be honest.

 

We need to see the Defendant's witness statement and Callum's witness statement opposing the strike out application though.

[BazzaS]

We need to see the Defendant's witness statement and Callum's witness statement opposing the strike out application though.

 

As requested on 15th August.

What does their witness statement say?

 

What does your witness statement say? Did you file a copy with the court (& when)? Did you serve a copy on the defendant (& when)?

 

What proposed directions have you put forward?

 

What (if any) applications have you made?

[callum1999]

Gobbledygook again.

 

You don't defend your claim, you put the allegations to the Defendant in your PoC and they file a Defence in response.

 

If liability is denied the Court process continues to a trial where the Judge considers both sides and makes a ruling.

 

So if that defence used to initially defend the claim, and is further used in Court to obtain an Order, has now been established as being part fabricated, the clock is certainly now ticking.

 

A bunch of educated criminals, that is all they were, but made mistakes, no-one is above the law, and no-one is immune from perjury if they tell porkies in Court, its all been recorded:lol:

[callum1999]

So if that defence used to initially defend the claim, and is further used in Court to obtain an Order, has now been established as being part fabricated, the clock is certainly now ticking.

 

A bunch of educated criminals, that is all they were, but made mistakes, no-one is above the law, and no-one is immune from perjury if they tell porkies in Court, its all been recorded:lol:

 

Stack of cards about to fall, the question is, how many will the solicitor bring down with him, an uneducated guess would probably estimate 6 or 7..

[Ganymede]

So if that defence used to initially defend the claim, and is further used in Court to obtain an Order, has now been established as being part fabricated, the clock is certainly now ticking.

 

A bunch of educated criminals, that is all they were, but made mistakes, no-one is above the law, and no-one is immune from perjury if they tell porkies in Court, its all been recorded:lol:

 

 

Nothing has been established as being fabricated in Court though that's the problem.

 

What part of the Defence is fabricated in your opinion?

[callum1999]

Nothing has been established as being fabricated in Court though that's the problem.

 

What part of the Defence is fabricated in your opinion?

 

That is right nothing has been established but that is not to say it never happened, the problem is that the Courts and now a judge have declined to establish these points, that has nothing to do with me.

 

I made an application prior to the judgement that the other side provide proof of contract, the judge dismissed this.

 

If there was no legitimate contract in place to represent, that would been game, set and match, everyone knows this, and not only would a strike out application never have been applied for, gaining a judgement without a legitimate contract as to even legally represent, IMPOSSIBLE.

 

Like i have said i have giving the solicitor, his firm, his indemnity insurers, his solicitor, his barrister, two Courts and a District Judge (cough) the invitation to show me a legitimate contract, all have declined, very odd that.

 

Very odd, the ICO also feel this is odd, as this information should and could have been giving under DPA1998.....

 

Still at least we can get the matter back to a proper Court and allow a proper judge decide without being influenced under the good old Civil Procedures Rules.

[BazzaS]

There is a pattern to this thread.

The OP is asked a question.

The OP doesn't actually answer the question and "goes off on a frolic" about conspiracies against them, and how they'll get their revenge in the end, be that solicitors conspiring or "dodgy" courts / judgements / judges.

 

Meanwhile, they don't focus on their civil case, and prevent more detailed advice being offered by not providing the detailed answer to the question posed to them. Ah well.

 

The question

What part of the Defence is fabricated in your opinion?

 

The reply.

 

That is right nothing has been established but that is not to say it never happened, the problem is that the Courts and now a judge have declined to establish these points, that has nothing to do with me.

 

I made an application prior to the judgement that the other side provide proof of contract, the judge dismissed this.

 

If there was no legitimate contract in place to represent, that would been game, set and match, everyone knows this, and not only would a strike out application never have been applied for, gaining a judgement without a legitimate contract as to even legally represent, IMPOSSIBLE.

 

Like i have said i have giving the solicitor, his firm, his indemnity insurers, his solicitor, his barrister, two Courts and a District Judge (cough) the invitation to show me a legitimate contract, all have declined, very odd that.

 

Very odd, the ICO also feel this is odd, as this information should and could have been giving under DPA1998.....

 

Still at least we can get the matter back to a proper Court and allow a proper judge decide without being influenced under the good old Civil Procedures Rules.

 

It is also the case that we've not actually seen all of the Defence (only up to paragraph 14, posted 7th June), despite requests since June .....

[honeybee13]

I have to agree with BazzaS.

 

Callum, would you mind telling us please how you think you can get this back to a proper court please?

 

This will help the guys to advise you.

 

HB

[steampowered]

I've moderated a few posts. Let's keep focussed on dealing with the case in hand guys ... the purpose of this thread is to help callum1999 deal with his litigation

 

If a post in any topic is felt to be in inappropriate for any reason, please click the triangle in the bar underneath the post. This will flag the post for review by the site team.

[Ganymede]

That is right nothing has been established but that is not to say it never happened, the problem is that the Courts and now a judge have declined to establish these points, that has nothing to do with me.

 

I made an application prior to the judgement that the other side provide proof of contract, the judge dismissed this.

 

If there was no legitimate contract in place to represent, that would been game, set and match, everyone knows this, and not only would a strike out application never have been applied for, gaining a judgement without a legitimate contract as to even legally represent, IMPOSSIBLE.

 

Like i have said i have giving the solicitor, his firm, his indemnity insurers, his solicitor, his barrister, two Courts and a District Judge (cough) the invitation to show me a legitimate contract, all have declined, very odd that.

 

Very odd, the ICO also feel this is odd, as this information should and could have been giving under DPA1998.....

 

Still at least we can get the matter back to a proper Court and allow a proper judge decide without being influenced under the good old Civil Procedures Rules.

 

But your PoC didn't allege there was no contract and you never applied to amend it.

 

You application for specific disclosure was ill advised and poorly timed as you hadn't even had standard disclosure yet.

 

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

[SuperVillain]

But your PoC didn't allege there was no contract and you never applied to amend it.

 

You application for specific disclosure was ill advised and poorly timed as you hadn't even had standard disclosure yet.

 

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

 

And also perhaps post up the full Defence. The first few paragraphs are there further back in the thread but its not the whole Defence.

 

Apologies in advance if the full Defence is there and I've missed it.

[BazzaS]

Apologies in advance if the full Defence is there and I've missed it.

 

It isn't there in full, and you haven't missed it.

[SuperVillain]

It isn't there in full, and you haven't missed it.

 

Well that's a relief

[callum1999]

But your PoC didn't allege there was no contract and you never applied to amend it.

 

You application for specific disclosure was ill advised and poorly timed as you hadn't even had standard disclosure yet.

 

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

 

Request made under and provided CPR 18 for further information on the defence, is fabricated, and deals with the contract that was never in place..

 

There was no legitimate contract in place.

 

And all attempts and via the Courts and reporting this to the relevant authorities would also show this significant fact.

 

If they cannot prove a legitimate contract had ever been in place that is the end of it.

 

Add to that, the very fact that they were prepared to breach the Data Protections Act, that would also demonstrate this significant fact, it is not a matter of "if" but now "when" will be paramount and all that has gone on before, in this litigation will not be of any relevance, what so ever.

 

There was no contract, fact..

[BazzaS]

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

 

 

Request made under and provided CPR 18 for further information on the defence, is fabricated, and deals with the contract that was never in place..

 

There was no legitimate contract in place.

 

And all attempts and via the Courts and reporting this to the relevant authorities would also show this significant fact.

 

If they cannot prove a legitimate contract had ever been in place that is the end of it.

 

Add to that, the very fact that they were prepared to breach the Data Protections Act, that would also demonstrate this significant fact, it is not a matter of "if" but now "when" will be paramount and all that has gone on before, in this litigation will not be of any relevance, what so ever.

 

There was no contract, fact..

 

So, it appears the answer to

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

 

Is "no, he can't be very precise" ........ and we still have no idea of what (if anything!) in the Defence the OP can prove to be fabricated!

[callum1999]

I've moderated a few posts. Let's keep focussed on dealing with the case in hand guys ... the purpose of this thread is to help callum1999 deal with his litigation

 

If a post in any topic is felt to be in inappropriate for any reason, please click the triangle in the bar underneath the post. This will flag the post for review by the site team.

 

Well said Steampowered,

 

As for taking the needed time and the effort to click the flag, as to review a post, it is really not worth the effort tbh, but thanks for reminding, appreciated.

[callum1999]

So, it appears the answer to

 

 

Is "no, he can't be very precise" ........ and we still have no idea of what (if anything!) in the Defence the OP can prove to be fabricated!

 

The OP does not need to establish that there has been fabrication or perjury that solely derives from the initial pleadings in a litigation, quite the reverse.

 

The defence is just that, its a procedural obligation, that can be used, even by dodgy solicitors, means nothing, in a nutshell and as with my case, a load of old nonsense, and just a reason as to object to the obvious, that is all.

 

You cannot hide behind a defence, if such procedure, and if properly implicated, have been adopted by those who are obliged to secure the ends of justice, they after all are public servants.. and paid way over the top for such privilege, imo, would have seen straight through that, but as previously stated, "not it" but "when" now.........

[AndyOrch]

Is any of the last 3 pages of any assistance in mounting an appeal callum1 ?...or is it time time to close the book on this as I cant see it going anywhere ?

 

Andy

[callum1999]

Is any of the last 3 pages of any assistance in mounting an appeal callum1 ?...or is it time time to close the book on this as I cant see it going anywhere ?

 

Andy

 

Hi Andy,

 

Yes the last three pages have assisted me in my appeal process.

 

Would be a shame to close the thread, but it is entirely your choice, Callum.

[BazzaS]

In the most general sense, the basis of an appeal wil be either or both of, that the decision of the lower court was:

a) Wrong (in that it erred in law or in fact or in the exercise of its discretion), and

b) Unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

 

The appellant must not only claim the grounds of appeal, but clearly identify the error / irregularity, rather than just stating these in the most general sense.

 

The OP does not need to establish that there has been fabrication or perjury that solely derives from the initial pleadings in a litigation, quite the reverse.

 

The defence is just that, its a procedural obligation, that can be used, even by dodgy solicitors, means nothing, in a nutshell and as with my case, a load of old nonsense, and just a reason as to object to the obvious, that is all.

 

You cannot hide behind a defence, if such procedure, and if properly implicated, have been adopted by those who are obliged to secure the ends of justice, they after all are public servants.. and paid way over the top for such privilege, imo, would have seen straight through that, but as previously stated, "not it" but "when" now.........

 

Too vague to withstand scrutiny as grounds to appeal.

 

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

 

OP, do you realise this is being asked to try to help you formulate an effective appeal, rather than one that will be refused permission or rejected as "falling at the first hurdle"?

 

There is a pattern to this thread.

The OP is asked a question.

The OP doesn't actually answer the question and "goes off on a frolic" about conspiracies against them, and how they'll get their revenge in the end, be that solicitors conspiring or "dodgy" courts / judgements / judges.

 

Meanwhile, they don't focus on their civil case, and prevent more detailed advice being offered by not providing the detailed answer to the question posed to them.

 

So, the OP's response is entirely "to pattern".....

 

 

Is any of the last 3 pages of any assistance in mounting an appeal callum1 ?...or is it time time to close the book on this as I cant see it going anywhere ?

 

There is still time for the OP to realise they need help to draft the arguments they need to put forward for an appeal to be effective, (that is, IF the grounds of appeal appear to remain once examined in detai)..

 

Based on the thread so far, I share the scepticism that the OP will allow themself to be helped.

[honeybee13]

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

 

HB