Upcoming Trial date/help with Schedule of loss..

[dawnporter]

Piece of all of that information together and use the figures suggested for the months affected, as long as you can show with proof that you lost earnings as a result, ie had to claim benefits then that will form your schedule and proofs.

Future losses are much harder to predict but the same principle applies to calculation, you just wont have the proof yet in advance of the loss

 

 

 

 

Ok thanks...this helps a lot....

 

Question: Does this schedule of loss that i am being asked to submit affect the compensation amount that i am asking for in my claim?...I submitted to the court that i am seeking general damages no more than 50,000 for the unlawful detention and violation of articles 3 and 8 of the Human rights Act....

 

The fact that blatant fraud was committed by the NHS trust in the regards to how there social worker was able to gain access to me- i also asked for exemplary damages..

[martin2006]

The order is asking for calculable losses for past and future which we have looked at.

 

if you also wish to add an amount for punitive damages to your claim for breach of human rights then i cant see how this is calculable, it would be an arbitrary figure or at best, a calculated amount based on the figures discussed until your retirement.

 

IMHO you NEED a solicitor but i think the bottom line is this, you have spent 3 years on this, the solicitor you had was useless and you cant find another one to take the case for the last year, also the Bar Pro Bono wont touch it, this should tell you an awful lot about the chances of success!

[dawnporter]

The order is asking for calculable losses for past and future which we have looked at.

 

if you also wish to add an amount for punitive damages to your claim for breach of human rights then i cant see how this is calculable, it would be an arbitrary figure or at best, a calculated amount based on the figures discussed until your retirement.

 

IMHO you NEED a solicitor but i think the bottom line is this, you have spent 3 years on this, the solicitor you had was useless and you cant find another one to take the case for the last year, also the Bar Pro Bono wont touch it, this should tell you an awful lot about the chances of success!

 

Well, i don't see how i will lose the case being that the organization that is currently helping me uncovered proof that the social worker who accessed me in my PRIVATE accommodations NEVER had in her possession- a valid mental health warrant ...However, she told the manager of the building the opposite and he let her in my flat. ...The aforementioned is outright FRAUD and the organization that is currently helping is looking for lawyers to bring CRIMINAL charges against the social worker for fraud...See section 126 of the MHA 1983...

 

 

The Solicitor i had was for the ET case which had to do with the JOB not this cvil matter...I was unable to get anyone to help me with the human rights case..Thats is fine -as i feel more in control handling things..plus i now have a person who is an expert on Mental health act laws on the case...

 

The case is long and drawn out and i am happy to keep going for another 3years if need be....If I had given up when Bar pro bono refused to help, then the Mental health watch dog who is now helping would never have found me- thus we would not have uncovered explosive proof of fraud being committed by the Trust and social services...

 

Btw..it took this long to get to trial due the Country court screwing around with my case!

[martin2006]

use the figures discussed to satisfy the order and i hope you manage to find a good solicitor

 

Martin

[dawnporter]

use the figures discussed to satisfy the order and i hope you manage to find a good solicitor

 

Martin

 

Will do!..Thanks Martin, i now have a starting point...will keep this thread updated on my progress and i will definitely donate to the site.

[martin2006]

You are very welcome DP

[determindator]

Glad you now have a MHA expert working on your case.

[steampowered]

A successful claim in the Employment Tribunal for unfair dismissal would consist of two elements - a basic award calculated according to a fixed statutory formula (see https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/employment-tribunals-basic-award/employment-tribunals-how-to-work-out-your-basic-award-if-you-are-claiming-unfair-dismissal/), and a compensatory award. In a nutshell, a compensatory award compensates you for the financial loss suffered as a result of the dismissal - generally for lost earnings from the date of dismissal until you found a new job or could reasonably be expected to have found a new job.

 

You can calculate the basic award by sticking numbers into a calculator. In a nutshell, You calculate an estimated compensatory award by estimating the amount of time you were out of work as a result of the employer's dismissal. It should be relatively easy to put a number on both. There is no additional compensation for hurt feelings etc. awarded in vanilla unfair dismissal cases (unless there is also a separate discrimination claim).

 

A sample schedule of loss for an unfair dismissal claim is available here: https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/et30-sample-schedule-of-loss.pdf. You should probably use a similar format. I'm not sure how you would go about proving that you only lost your ET case because of the MH issue though.

 

I make no comment on your chances of success - I can see that I commented on your thread back in 2014.

[ThedaBara]

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This is the ultimate goal...i did try for a almost a year to find a solicitor but was unsuccessful.

 

Thanks..

 

Try Bar Pro Bono… TB

[ThedaBara]

Sorry… ignore last post… have just noticed #100. Why did they refuse to help, btw? TB