N1 Court form? LITIGANT IN PERSON

[NoGodsAndNoMasters]

Without giving too much away as a disabled person I have tried to resolve an issue via MP ADR and my Doctor who has lied and can be proven lying, switched on and off medication that causes withdrawal and housebound issues. 

Self employed I had surgery and they refused post operative assistance and I ended up in Acute Medical Unit. 

The doctor in question is employee of organisation, so the organisation has vicarious liability as Doctor not on "frolic of their own" 

Subject Access documents, NHS App and letters from doctor to MP show the following are relevant and not compliant 

CQC inspections unsafe

Health And Social care act 2008
Health And Social care act 2012
National Health service act 2006
Health and Care Act 2023
The Data Protection Act 2018
Fraud act 2006

Equality Act 2010
Disability Discrimination act 1995

Harassment act 1997

Autism Act 2009

The Human Rights Act 1998

 

Is this the correct form as I'm not entitled to legal aid and Citizens advice bureau don't have a duty solicitor. 

 

Thanks

[BankFodder]

You aren't giving as much information so we can't give you much advice.
There is no downside to telling us what has happened.

However, you would normally now days go online and start action through the County Court's MoneyClaim online service.

If you need help with fees then you should look up the County Court website – fee waiver. You don't need to be on benefits. Your level of income can be higher than that and still be entitled to some assistance

[NoGodsAndNoMasters]

The Doctor I was with refused to consult via telephone during pandemic about a issue prior- the end result was Operation earlier this year. 

Consultation in a wet car park with no medical equipment and members of public viewing. 

As a disabled person I made the Doctor aware that they should make reasonable adjustments in 2022 and it was completely ignored. 

Self Employed my medication was switched on and off to meet QOF Opiate reduction targets without review-this left me unable to work. 

Post surgery at hospital my care was handed off to Doctor for follow up tests etc- I tried in person to be seen as I had adverse effects and it took 111 and NHS England to get a telephone consultation and Morphine. 

Ended up in Acute Medical Unit as Doctor's wouldn't follow up. 

Went to MP as it seems ICB, NHS England and CQC all deem Doctors Practice not fit for purpose. 

N1 guidance states you can claim an unknown amount and use form for disputes. 

The Letter to MP can be proven full of lies as medication decade prior was allegedly short time, Subject Access Request show decade plus and proven lies. 

Fraudulently told my medication was at pharmacy and to collect( have proof of this) couldn't possibly collect as had been cancelled. 

Medication has been cancelled and reinstated as my medical records and currently on- not once have records indicated review or reason. 

Time limit for disability discrimination is almost out, MP saying not legally trained to help. 

Have read the court guidance, seen flow chart for courts. 

Have issued a notice before action. 

Plan to reference parts of legislation relevant and file N1 form unless the wrong form. 

Found number for filling in the form, will call them perhaps. 

 

Thanks

[AndyOrch]

Might be worth reading the following before you embark on this type of claim :-

 

Pre-Action Protocol for the Resolution of Clinical Disputes - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

Quote

 N1 guidance states you can claim an unknown amount and use form for disputes. 

Unknown or undetermined amounts are made using a Part 8 type claim.

 

Andy

[NoGodsAndNoMasters]

Hi Andy, seen pre action information prior. 

I'm slightly concerned that part 8 claim is non disputed facts and can't be used for default judgement

N1 seems the court decides where it goes next? 

I have Doctors lying and the NHS Spine and Subject Access Request and CQC show clearly as a regulated service:-

Fraud, discrimination after being warned by NHS England and CQC the legal ramifications of non compliance. 

I don't want a clinical negligence claim, I want a disability discrimination, fraud and failing to comply with legislation. 

I have tried ADR via third party the MP. 

There is supposedly NHS England letter arriving as the practice can't use NHS Resolution due to the breaches in legislation-the scheme wouldn't allow it. 

 

[AndyOrch]

N1 is the form for both types of claims part 7 or part 8 part 7 requires a stated value before claim, part 8 is determined by the court.

All medical claims are part 8 so impossible to get a default judgment.

I would seriously consider a NWNF (no win no fee Solicitor) for this type of claim they are very complex and will not add to the improvement of your health.

[NoGodsAndNoMasters]

No win no fee waste of time IMHO as previously done MCOL and resolved on own. 

Part 7 guidance notes :-

If you are not able to put a value on your claim, write 
‘I cannot say how much I expect to recover’.

I think it is part 7 form I need. 

Unless some kind of voodoo, as I understand it:-

I can ask for reasonable adjustments, reference legislation as required and use Subject Access Request documents from Doctors as evidence. 

Unless missing something, it doesn't seem particularly difficult provided right form submission to court. 

 

 

Edited August 1, 2023 by NoGodsAndNoMasters

[BazzaS]

The hazard here is that it may not end up on the small claims track, and then, if you lose, you may end up on the hook for costs, which could be significant.

QOCS (qualified one way costs shifting) applies for personal injury (PI) claims, but you have said you don’t want to use the PI head of claim, so won’t benefit from the protection of QOCS.

[NoGodsAndNoMasters]

What sort of costs? sub 200k not breaking a sweat as sold property recently 

[BazzaS]

What sort of costs depends on how complex things get.

Doctor handed £200,000 court bill after ripping down neighbour's fence in land row - Daily Record

WWW.DAILYRECORD.CO.UK

---

Respected doctor Veena Paes dragged her neighbours to court when she and her husband claimed land that was...

 

If you have £200k on hand, and are convinced you have a strong case : consider engaging a solicitor. They can advise you on the strength of your case and recover (most of!) your costs if you win.

To not use a solicitor on a non-small claims case risks losing (& incurring costs), potentially by making a procedural error (even on a strong case). Surely that would be an expensive lesson, avoidable if you have £200k to self fund legal advice.

Edited August 1, 2023 by BazzaS

[BazzaS]

Edited : “Strong case” not “string case”

Thanks, autocorrect!!

[NoGodsAndNoMasters]

1 minute ago, BazzaS said:

What sort of costs depends on how complex things get.

Doctor handed £200,000 court bill after ripping down neighbour's fence in land row - Daily Record

WWW.DAILYRECORD.CO.UK

---

Respected doctor Veena Paes dragged her neighbours to court when she and her husband claimed land that was...

 

If you have £200k on hand, and are convinced you have a strong case : consider engaging a solicitor. They can advise you on the strength of your case and recover (most of!) your costs if you win.

To not use a solicitor on a non-small claims case risks losing (& incurring costs), potentially by making a procedural error (even on a strong case). Surely that would be an expensive lesson, avoidable if you have £200k to self fund legal advice.

It's not rocket science and my prior experience of solicitors is expensive, incompetent and palmed off to junior who makes mistakes at £250-500 an hour. 

Really don't care about money (no pockets in a shroud) roll the dice and see how it plays out already we are in communication with discussions to avoid court, so could file and discontinue if agreement prior. 

 

[honeybee13]

So if it's not about money, what is it you're looking to achieve by bringing a court case, please? What outcome would you like?

HB

[NoGodsAndNoMasters]

That the legislation isn't meaningless words to be ignored with no consequences and to be in a position of equity as if it never happened.

That is what I want.

[NoGodsAndNoMasters]

With disabled & suspected cancer- no pockets in a shroud I have £200k to blow at high court and if dead by end of it don't care. 

N1 part 8  have legislation all sorted. 

Struggling how a timeline and exhibits are correctly attached

Can a timeline be exhibit 0 and evidence 1-200?

Are certified originals only shown at a hearing or must be sent to high court. 

Unclear on serving documents and paying court fees

Thanks

[NoGodsAndNoMasters]

It is done

Google is your friend

 Served with evidence to correct section of high court. 

Let's see what happens.