Claim against Parliamentary and Health Services Ombudsman.

[unclebulgaria67]

Only blank document attached

[Old Cogger]

ticked in boxes

[Agamemnon13563]

Hi all.

 

 

I have an N244 hearing (summary judgement/strike out of defendants defence) on the 9th June. I have not received any written evidence from the defendant (so far) but if I don't receive anything from them, do I still file my written evidence within 3 days prior to the hearing?

 

 

Thanks.

[Ganymede]

What written evidence do you have and why didn't you include it with your N244 Application?!

[Agamemnon13563]

I sent a written statement with the application and was not aware that written evidence could/should be sent at the same time. The evidence I have is that the PHSO have lied ( or rather been untruthful) in their defence bundle, made changes to the previously agreed Statement of Agreement without my permission.

[Agamemnon13563]

This is a copy of my N244 Application and supporting statement.

Supporting Statement.pdf

n244-eng.pdf

[BazzaS]

An application for summary judgment isn't a 'mini-trial'. To defeat your application, all the D need do is show that there is an issue to be decided, and that issue provides them with a realistic prospect of a defence.

 

The judge may disagree, but (even without seeing any witness statement / evidence from D), it looks to me like there is still an issue to be decided, and you are trying to get it decided at this hearing, rather than at trial.

 

You may also have 'not got the judge on your side' by not providing a draft of the order that you want (the draft could have been simple, and read 'draft order that:

a) the defence be struck out, and

b) summary judgment be made for the claimant'.

 

This is pretty much what your application states, and you could have just supplied this as a draft order, and then been able to tick "draft order supplied - yes' instead of 'no' (& judges like that .... !)

 

I'm still unsure if you have "such a slam dunk" as you believe, so (even though I'd be delighted to be wrong), I doubt you'll achieve summary judgment.

If you don't, what do you expect to happen regarding costs?.

[Agamemnon13563]

I apologise if this seems a bit naïve but I thought that lying in your defence bundle after signing a statement of truth meant that the defendant was no longer allowed to defend the said case (or some similar form of punishment).

 

 

As for costs, provided it doesn't go over 10k then that would be ok.

[BazzaS]

Proving they were lying would be an issue for trial, though.

 

Are you sure they were lying? Could they be mistaken or referring to a different aspect??

 

I doubt the costs for a summary judgment application that failed would be 10k, but they could be assessed independently to (& perhaps additionally to) any later costs in the case.

[Agamemnon13563]

Proving they were lying would be an issue for trial, though.

 

Are you sure they were lying? Could they be mistaken or referring to a different aspect??

 

Hardly the kind of mistake a "professional! solicitor would make and certainly no way it could be misinterpreted or misunderstood.

 

As for proving they were lying, surely this is what N244 Applications/Hearings are for, as well as minimising time and expense (and in my case, additional suffering) of going to full trial when it isn't necessary.

 

Thank you so much for your comments BazzaS, I really do appreciate them.

[Agamemnon13563]

Hi there.

 

Just had my hearing and I am totally confused.

 

The respondent failed to show up and the judge still carried on with his judgement. He ignored the statement which I sent with my application and never mentioned any of it but he did go in detail regarding the respondents defence.

 

He dismissed my application and told me that I have 4 weeks (until 7th of July) to submit full representation of my case so that he/they could decide whether my claim should continue.

 

I feel cheated that I was unable to question the respondent and that my statement was not even mentioned, let alone contemplated.

 

What is full representation?

 

What are my options?

 

Can I drop my case and resubmit it?

[BazzaS]

 

I feel cheated that I was unable to question the respondent and that my statement was not even mentioned, let alone contemplated.

 

.

.

.

.

.

 

Can I drop my case and resubmit it?

 

Was there any application on costs / decision on costs?.

 

They must have been pretty confident in their submission to not send anyone prepared to make oral argument.

 

When I said previously "its not a mini-trial", that includes that you don't get to question the respondent .... the hearing was to consider your application for summary judgment / strike out of the defence, not for you to question the respondent or try to advance your case.

 

Why would you want to "drop your case and resubmit it"? What do you feel is wrong with it as it stands?.

 

You can't do so for resubmitting your case on the same (or substantially the same) Particulars of Claim ; it is up to you to get them right first time, otherwise parties would keep discontinuing claims and resubmitting them, leading to endless loops of litigation. You can file supplemental witness statements, and (if you really need to), ask the court if you can amend your particulars of claim ; at this stage that would be at the court's discretion.

[Agamemnon13563]

Hi BazzaS

 

 

Thanks for your response. I am confident of the evidence I have, it's just that my "presentation" skills (mostly because of my health and the cocktail of drugs I have to take) have been disastrous.

 

 

I fully understand what you are saying and I thank you for the clarity.

 

 

No mention was made regarding an application for costs, in fact there was no mention of costs at all.

[BazzaS]

Hi BazzaS

 

Thanks for your response. I am confident of the evidence I have, it's just that my "presentation" skills (mostly because of my health and the cocktail of drugs I have to take) have been disastrous.

 

 

If you have a rock solid case but fear your presentation of it will let you down ; consider employing a solicitor.

They can represent you in court, and are used to presenting their client's case.

 

They'll also be able to give you an assessment of if they agree with you regarding the strength/merits of your case.

 

Hindsight is a wonderful thing, but if you had concerns about your 'presentation' then you might have got a solicitor on a 'no win / no fee" basis before starting the claim, but that seems unlikely as an option now the claim has commenced.

[Agamemnon13563]

Prior to starting my claim I tried 14ish lawyers and all but 2 called me back and the moment I mentioned disability, legal aid and who the case was against, they refused to help, their response was that they don't handle cases like mine despite the fact I had checked everyone as to whether they take legal aid cases.

 

 

I will try on Monday to find one that will continue the case etc and hope that the 10k my family clubbed together for me will be enough to obtain their help. Otherwise I will have to "pull my socks up" and find a way.

[BazzaS]

I wasn't suggesting legal aid (which had become increasing rare for civil cases outside of specific exceptions), but "no win, no fee".

 

Did you look into that, rather than legal aid? If so, did you get any feedback on the strength / weaknesses of your case?

[Agamemnon13563]

At the time, I checked if I was eligible for legal aid and I was.

 

 

I checked with roughly 3 no win no fee solicitors (Irwin Mitchell was one) but there was no call back.

 

 

There was no feedback from any of them.

[Old Cogger]

you are learning the disgraceful operation and collusion Lawyers v Government establishment - regulators are the same ignore fact and box themselves in, sorry state of affairs this country is in and has been for decades, no real leadership of worth. old school boys networks, = Treason of course you are not allowed to state that as it makes them tremble and cry - rant over! good luck

[Agamemnon13563]

Rant away Old Cogger, I have felt like doing it several times myself but managed to bite my tongue lol.

[unclebulgaria67]

Rant away Old Cogger, I have felt like doing it several times myself but managed to bite my tongue lol.

 

Do some research into pro bono legal help. There is a bar association in London that helps with High Court cases. You are more likely to get help that way, than legal aid or no Win no fee..

 

If you present an interesting case to a pro bono Solicitor or Barrister, they might just take it up. But write a very brief summary of your case and its merits. Don't make it sound too complicated, as you will put them off.

[Agamemnon13563]

Thank you unclebulgaria67, will check it out now.