Hi all
A friend of mine (Defendant) who has severe psychiatric and health problems recently had to attend court regarding a civil case.
The Psychiatrist dealing with him was made aware that he was becoming severely distressed by the imminent court case and wrote a letter to the court requesting that the case be adjourned.
My friend could not afford to be represented by a solicitor, but went along to court with a friend, not legally qualified, to offer him help and support.
Unfortunately, whilst the Doctors letter was received by the court, and placed on the files, it was not read by the judge before the start of the trial.
The claimants had employed the services of a barrister, so it was not much of a competition.
About 15 minutes into the trial the friend realised that it was apparent the judge had not read the letter, and brought it to the judges attention. The letter was found and read, along with two other letters that the friend produced confirming his friends state of mind.
It was decided that the trial should continue, with suitable breaks if necessary.
Needless to say the Defendant and his friend were totally out of their depth, and lost the case, even though there was a suspicion that something was not quite right with case, else why the need for a barrister? There is now a real concern for my friends well being as this has completely finished him off and he stands to loose all he has including his home.
I wonder if there is any point in appealing the case, or whether there is any advice I can give him. The tragedy is he is dying and probably doesn't have that long to live. He cannot afford to employ a solicitor, and I suspect that appealing would just add hugely to his already huge costs.
Your thoughts would be appreciated.
AF