PAB-Barrister on personal Injury claim unprepared

[Ruleoflaw]

How would you show the the barrister's actions have caused "worsening" (of) "his existing PTSD injuries" for the 'egg-shell skull' factor to come into play?.. Is that the harm you believe has occurred allowing a claim in negligence?

 

 

Well, whatever problem the claimant/ victim is plagued with is the consequence the tort-feasor is liable for (under the egg-shell rule, ie meaning 'fragile' so be careful with the victim). So, if the OP has a certain psychiatric condition then the tort-feasor is liable for worsening that condition. The evidence indicates the harm, ie medical practitioner perhaps a psychiatrist, a psychologist, or significant GP notes, albeit it must be a recognised medical condition, ie stress is not sufficient but PTSD is.

[BazzaS]

Well, whatever problem the claimant/ victim is plagued with is the consequence the tort-feasor is liable for (under the egg-shell rule, ie meaning 'fragile' so be careful with the victim). So, if the OP has a certain psychiatric condition then the tort-feasor is liable for worsening that condition. The evidence indicates the harm, ie medical practitioner perhaps a psychiatrist, a psychologist, or significant GP notes, albeit it must be a recognised medical condition, ie stress is not sufficient but PTSD is.

 

But you still haven't shown that the barrister has made the PTSD worse.

If they haven't made it worse, there is no harm (at least, from that).

So what harm are you saying that the barrister has caused that you believe the 'egg-shell skull' rule is a factor in?.

[simeon1964]

Can I appeal the cost?

[simeon1964]

Further search shows that the Barrister is not authorised to take litigation. he is an immigration certified. Does this matter?

[Ganymede]

What do you mean by "not authorised to take litigation"? Once they're called to the Bar then they have rights of audience for pretty much all Courts.

 

If you want to appeal then you need to make sure you get your application in on time and have a sound legal basis and not get caught up in is the Barrister qualified.

[Ganymede]

It's a couple of years old but this might give you a clue as to whether to bother with your appeal against the costs...

 

http://www.lcnltd.co.uk/news/Summary%20Assessment.pdf

[simeon1964]

Thank you. The information is helpful.

Will the barrister agreed fee %commission be based on the award of injury of 5g or the 5g plus the legal cost of 6g as par the order. I have no idea why the order says 4g to be paid to barrister when our agreement was on ‘no win no fee.’ Our agreed %commission is lower than than what the order says she should receive. Can you help?

[Ganymede]

I don't understand what you mean by agreeing a % commission with your Barrister.

 

Have you got the Court Order? Can you scan it up or type it out please?

[simeon1964]

i have issues with order of the payment to my barrister by the court. he was on no win fee on our agreement. The court order of payment to her far exceed the % commission we both agreed. the award is 5k and legal cost is 6k. She walk away with 4k+ What do i do?

[Ganymede]

You needed to provide more detai please.

 

What precisely did the Barrister agree to take for fees?

 

As for the "no win no fee" agreement, you did win so the Barrister's fees are payable. Your Barrister would have submitted fee notes for settling the Particulars of Claim, advising, attending trial and would be paid for each of them.

 

The fact that your Barrister got more costs back than you is not a reason to appeal.

[simeon1964]

The agreed fees was 10%. No win no fees. Will this then be % of the award or the award and cost? If this so how do I reconcile the court order of payment which is more than our agreed %

[Ganymede]

You need to discuss this with your Barrister and get a full and detailed breakdown of their fees.

[simeon1964]

I intend to write the defence firm of solicitor and your advice Please:

 

Dear Sir,

 

As a self-litigant, you have been communicating directly to my Barrister without consultation with me and I warned you against this behaviour as I believe this to be unprofessional and not in line with the legal process.

 

1. On 01/11/2016 I sent a notification that my Barrister ceased to act for me from the 04/10/2016 at around 8.08am by email. Your firm replied in acceptance of my termination of my Barrister at 09:40am

 

2. On the 25/11/2016 at 09:34, I requested a clear effect of payment of £12,350.00 from your office in line with the court order which specifically states: ‘pay the claimant the amount of …..’. You made no reply.

 

3. On the 01/02/2017 a bailiff letter was sent to your client demanding the sum of £8,543.44 given until 11/02/2017 to pay else the enforcement will take place.

 

4. On the 07/02/2017 at 15:58 you sent out email that £3,805.00 was due to me that there has been error in the calculation by the bailiff.

 

5. On the 08/02/2017 at 9:30am I replied to you to pay the full amount of Bailiff Request of £8,543.00 to my account or contact the bailiff to deal with issue as I do not see anything wrong with the bailiff payment request. And a strong warning that you must comply to court order.

 

6. On the 09/02/2017 at 0629am, I sent you email to disregard my mail of the 08/02/2017 and pay all the £8543.44 straight to the bailiff or clarify your concern with the court.

 

7. On the 10/02/2017 at 10:04 your firm sent email of the court order we both rely on , including and sighting for the first time my Barrister fee Note dated 07/02/2017, stating payment of money received on the 26/01/2017.

 

8. On the 10/02/2017, I responded that your firm payment to my Barrister contradicts the court order and that the firm puts his client at risk of the bailiff.

 

Conspiracy between Claimant Barrister and the defence counsel and solicitor firm.

 

If at the trial of 3&4 October 2016 my barrister kept away a £12,000.00 and then £20,000.00 offer for settlement away from me until I had to force it out from her and telling me that the defence was trying to play the extent of my injury down, I am wrong to say that in the light of this new development, I am right to say conspiracy is going on here.

 

Please your advice as to what step to take on this issue. No payment has been received as he plans to pay £3,805.00 instead of the requested £8,543.44 enforcement order.

Edited February 11, 2017 by honeybee13
Paras,

[honeybee13]

Hello there,

 

Can you tell us what's happened since October please? I notice that there were unanswered questions back then that the advisers here were waiting for answers to. It seems a bit much to expect them to advise now without the background to events.

 

I'm sure you'll be able to give us the information, it will get you better advice.

 

HB

[Ganymede]

I intend to write the defence firm of solicitor and your advice Please:

 

Dear Sir,

 

As a self-litigant, you have been communicating directly to my Barrister without consultation with me and I warned you against this behaviour as I believe this to be unprofessional and not in line with the legal process.

 

1. On 01/11/2016 I sent a notification that my Barrister ceased to act for me from the 04/10/2016 at around 8.08am by email. Your firm replied in acceptance of my termination of my Barrister at 09:40am

 

2. On the 25/11/2016 at 09:34, I requested a clear effect of payment of £12,350.00 from your office in line with the court order which specifically states: ‘pay the claimant the amount of …..’. You made no reply.

 

3. On the 01/02/2017 a bailiff letter was sent to your client demanding the sum of £8,543.44 given until 11/02/2017 to pay else the enforcement will take place.

 

4. On the 07/02/2017 at 15:58 you sent out email that £3,805.00 was due to me that there has been error in the calculation by the bailiff.

 

5. On the 08/02/2017 at 9:30am I replied to you to pay the full amount of Bailiff Request of £8,543.00 to my account or contact the bailiff to deal with issue as I do not see anything wrong with the bailiff payment request. And a strong warning that you must comply to court order.

 

6. On the 09/02/2017 at 0629am, I sent you email to disregard my mail of the 08/02/2017 and pay all the £8543.44 straight to the bailiff or clarify your concern with the court.

 

7. On the 10/02/2017 at 10:04 your firm sent email of the court order we both rely on , including and sighting for the first time my Barrister fee Note dated 07/02/2017, stating payment of money received on the 26/01/2017.

 

8. On the 10/02/2017, I responded that your firm payment to my Barrister contradicts the court order and that the firm puts his client at risk of the bailiff.

 

Conspiracy between Claimant Barrister and the defence counsel and solicitor firm.

 

If at the trial of 3&4 October 2016 my barrister kept away a £12,000.00 and then £20,000.00 offer for settlement away from me until I had to force it out from her and telling me that the defence was trying to play the extent of my injury down, I am wrong to say that in the light of this new development, I am right to say conspiracy is going on here.

 

Please your advice as to what step to take on this issue. No payment has been received as he plans to pay £3,805.00 instead of the requested £8,543.44 enforcement order.

 

 

You still need to type out exactly what the Court order says word for word please.