Trial of Defendants With Psychiatric Issues

[Ironroadman]

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

[citizenB]

Very sad indeed. I will try and find some help for you.

[Ironroadman]

Many thanks CB

[Lookingforjustice]

Am in a similar situation myself and my case is due to be thrown out today. I am unable to complete something requested using prescribed acts.

Has your friend got any household insurance? Sometimes it covers legal expenses but it may be too late for that as he had already lost the case.

The medical report needed to be submitted together with an application for postponement under the civil court rules which is why is wasn't read beforehand and the case continued.

 

If you are not entitled to legal aid then there is the Free Representational Unit and the National Pro Bono unit. Neither are quick and you have to be referred to them by other agencies like CAB (but not them all). You must have a court date already allocated to get on these lists and it is pot luck if someone volunteers to help you with your case.

 

There might be a community law centre near you but help would depend on the type of case you have and you could phone your local MP at Parliament and ask them what to do.

 

There is a disability law society but the two referrals they gave me didn't help as they wanted paying. I took to the street in Temple Inn with a bill board begging for help with no avail. The Human Rights Act says disabled people should have equity in obtaining justice but I think the equity is with other poor people. Justice in this country is administered by the rich for the rich. In my case the other side had a solicitor and barrister were being paid for out of public funds.

 

There will be a time limit to appeal and probably conditions under which you can appeal so perhaps the Citizens Advice Bureau or the Community Law centre might be able to advise here. You could try Mind or some of the other mental health charities but they don't seem to help individuals and will only give you a couple of numbers.

 

I've tried all these to no avail and feel absolutely suicidal. Hope your friend has better luck.

[citizenB]

Here you go

 

 

 

 

Seems very unfair that the letter was overlooked even worse then read and disregarded....but letters do not cut it in court process...it must be an application.

 

However without knowing the details of the case its difficult to advise on appeal and the merits of the defence CB.

 

Useful links:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part21

 

http://www.mentalhealthlaw.co.uk/Civil_Procedure_(Amendment)_Rules_2005/352

 

These Rules amend the Civil Procedure Rules by enabling a patient to be made a respondent to a s29 nearest relative displacement application. In force 4/4/05. The amended Rule (CCR Order 49 rule 12) was revoked on 6/4/07 but a similar position is retained in CPR PD8A para 18.3 which states: "(1) the nearest relative must be made a respondent, unless (a) the application is made on the grounds that the patient has no nearest relative or that it is not reasonably practicable to ascertain whether he has a nearest relative; or (b) the court orders otherwise; and (2) the court may order that any other person shall be made a respondent."

[Ganymede]

When was his trial?

 

He only have 14 days to lodge his appeal.

[Ironroadman]

Here you go

 

Many thanks CB

 

From what I understand it was to do with a contract to sell a business. He had been taking advice from a solicitor but could not afford to keep him on.

 

On the morning of the trial, 10 minutes before in fact, the barrister presented them with a pile of new documents, including a revised claim, 100's of pages of case law, concerning the contract, which it appears had been made out incorrectly.

 

Even though the claimant had drawn up and signed the contract themselves, and had had plenty of time to examine it.

 

My friend told the judge they had only received the new papers that morning, so he gave them 15 minutes to read them!

 

Obviously they might as well have been reading the Beano for what sense it made to them!

 

The trial then went on, and the case was lost to the claimant. Obviously had his friend been legally qualified they may have been able to question the validity of the contract, but this bit was rushed through with legal speak.

 

On the face of it, there doesn't appear much he can do, and is in no fit state either way. It is a tradgedy for him to end what little time he has this way, that's if he doesn't do something silly, which is what we are all concerned about.

[Ironroadman]

When was his trial?

 

He only have 14 days to lodge his appeal.

 

It was last Friday went on for 2 days!

[Ironroadman]

Am in a similar situation myself and my case is due to be thrown out today. I am unable to complete something requested using prescribed acts.

Has your friend got any household insurance? Sometimes it covers legal expenses but it may be too late for that as he had already lost the case.

The medical report needed to be submitted together with an application for postponement under the civil court rules which is why is wasn't read beforehand and the case continued.

 

If you are not entitled to legal aid then there is the Free Representational Unit and the National Pro Bono unit. Neither are quick and you have to be referred to them by other agencies like CAB (but not them all). You must have a court date already allocated to get on these lists and it is pot luck if someone volunteers to help you with your case.

 

There might be a community law centre near you but help would depend on the type of case you have and you could phone your local MP at Parliament and ask them what to do.

 

There is a disability law society but the two referrals they gave me didn't help as they wanted paying. I took to the street in Temple Inn with a bill board begging for help with no avail. The Human Rights Act says disabled people should have equity in obtaining justice but I think the equity is with other poor people. Justice in this country is administered by the rich for the rich. In my case the other side had a solicitor and barrister were being paid for out of public funds.

 

There will be a time limit to appeal and probably conditions under which you can appeal so perhaps the Citizens Advice Bureau or the Community Law centre might be able to advise here. You could try Mind or some of the other mental health charities but they don't seem to help individuals and will only give you a couple of numbers.

 

I've tried all these to no avail and feel absolutely suicidal. Hope your friend has better luck.

 

Thanks LFJ, yes it seems there is no justice these days. All he wanted was a fair trial, but I feel the odds were stacked against him!

[Lookingforjustice]

Maybe you should try getting some publicity for your case by writing to a local newspaper. Maybe if it's seen by a solicitor they may help him. You could do it by way of an appeal asking for the help.

[citizenB]

On the morning of the trial, 10 minutes before in fact, the barrister presented them with a pile of new documents, including a revised claim, 100's of pages of case law, concerning the contract, which it appears had been made out incorrectly.

 

Even though the claimant had drawn up and signed the contract themselves, and had had plenty of time to examine it.

 

My friend told the judge they had only received the new papers that morning, so he gave them 15 minutes to read them!

 

 

 

I don't think they are allowed to ambush you with submissions on the day of the trial ?

[Ironroadman]

I don't think they are allowed to ambush you with submissions on the day of the trial ?

 

Yes that's what I thought, especially as it was obviously crucial to their case.

 

I think he needs to take legal advice, trouble is he can't afford it, and is so ill. Don't know what to advise him. He went to CAB before the trial but they were of no help.

[Ganymede]

I don't think they are allowed to ambush you with submissions on the day of the trial ?

 

 

 

It's up to the trial judge on the day if he'll allow it.

[Ironroadman]

It's up to the trial judge on the day if he'll allow it.

 

Thanks Ganymede. Doesn't sound very promising then. I will pass on everyones views to him, but I think he really needs proper legal advice if he wishes to pursue the matter further. But as he said to me, what have I got to loose?

[citizenB]

Ironroadman, what was the value of the claim, please.. so that we can establish what track this is on.

 

I think you will need to obtain a transcript of the hearing if you are considering an appeal.

 

Is your friend on benefits of any kind as some benefits will exempt him /her from fees.

 

Legal aid is still available in some cases, have a read of the following.. I don't know if they will be of any use though..

 

http://welfaretales.wordpress.com/2013/10/31/legal-aid-is-still-available-but-dont-tell-anyone/

 

http://www.lapg.co.uk/sites/default/files/A3Poster-email_0.pdf

[Ironroadman]

Ironroadman, what was the value of the claim, please.. so that we can establish what track this is on.

 

I think you will need to obtain a transcript of the hearing if you are considering an appeal.

 

Is your friend on benefits of any kind as some benefits will exempt him /her from fees.

 

Legal aid is still available in some cases, have a read of the following.. I don't know if they will be of any use though..

 

http://welfaretales.wordpress.com/2013/10/31/legal-aid-is-still-available-but-dont-tell-anyone/

 

http://www.lapg.co.uk/sites/default/files/A3Poster-email_0.pdf

 

Thanks CB. It was over £20,000 I think, maybe more.

[citizenB]

So it would be in fast track..

[mjt2013]

I'm just trying to play Devil's Advocate here but was there no option of raising the issue of the Defendant's health long ago? If the claim was on the fast track I would expect some sort of case management conference, allocation hearing or pre trial review before the main event. Although the letter was sent before the trial I can understand a judge taking a dim view of what is essentially an application to adjourn a two day trial made during the trial relying on issues which had not been raised before and could have been.

 

Of course there may not have been any hearings before the trial but I think it's worth everyone knowing the background before any further advice is offered.

[steampowered]

What was the case about?

[Ironroadman]

I'm just trying to play Devil's Advocate here but was there no option of raising the issue of the Defendant's health long ago? If the claim was on the fast track I would expect some sort of case management conference, allocation hearing or pre trial review before the main event. Although the letter was sent before the trial I can understand a judge taking a dim view of what is essentially an application to adjourn a two day trial made during the trial relying on issues which had not been raised before and could have been.

 

Of course there may not have been any hearings before the trial but I think it's worth everyone knowing the background before any further advice is offered.

 

I understand there was a hearing before the trial, which he attended with someone they sent from CAB. The CAB person was told he could not speak, and the hearing lasted all of 10 minutes. My friend says that he may as well have gone on his own!

 

I have told him that he should seek proper legal advice, and he is going to speak with his original solicitor, and ask his advice. Personally I don't hold out much hope, but at least he should know one way or another.