Solicitor/negligence claim:

[callum1999]

The other sides insurance company maintained that I could not issue a claim against their clients because I had not followed the pre action protocol which was followed and fully complied with.

Not only were the insurers deliberately giving a blatant misrepresentation as to stop proceedings from being issued, it would appear that the solicitor is using this very same tactic in alleging and therefore deliberately interfering with the course of proceedings by wrongfully stating a POC has not been fully submitted which again is nonsense.

 

Clearly I am getting frustrated as I would hazard a guess that if legal representation was being made on my behalf, these misrepresentation in the hope of me dropping the case would not have, and would not be attempted if I had a solicitor as to protect my interst, or more importantly knowledgeable as to establish both the insurer and solicitor are evidently pulling a fast one.

 

All of this is adding to my already poor health and now unfortunately I am suffering from the condition, Angina and now under daily medication as a result.

My GP has put this down to the continued stress over the whole matter which she feels is unnecessary and disgusting.

[steampowered]

Hello, I think Ganymede is correct to say that it is difficult to say much more without seeing the POC and Defence.

 

I don't understand what you are referring to when you say 'it would appear that the solicitor is using this very same tactic'. All I would say is that if you want to proceed with this claim you need to focus on proving your case for negligence, rather than on having a tit-for-tat about tactics.

 

The limitation period for personal injury claims is 3 years from the date of the injury - if you do not issue a claim form at court within 3 years, your claim is statute barred.

 

If the solicitors are correct to say that your PI claim arose on 29 May 2010 but you did not attend their offices until 24 September 2013, then your personal injury claim was out of time before you instructed the solicitors. If those dates are correct I don't think you can claim compensation for losing the right to bring a PI claim because your PI claim would have been worthless if it was PI claim was statute barred before you instructed the solicitors.

[callum1999]

Thank for that Steampowered,

 

The solicitor clearly identified to me and to the Council that an extension to the limitation would be granted by the Courts because of the circumstances.

 

Liability on behalf of the Council was denied during the three year period, so in effect they used that misrepresentation, denying liabilty knowing full well that was not the case, add to that Shelter were of the opinion that they were, and within the three year period, and but for the denial of liability, without reason the time period would not have been a issue.

 

Clearly if a party denies liability for three years ( limitation period ) and thereafter its proved they are liable, the limitation period is not set in stone and i feel and the solicitor felt there were very strong ground to ask for an extention which was optional, as well the solicitor knew!!

[steampowered]

Clearly if a party denies liability for three years ( limitation period ) and thereafter its proved they are liable, the limitation period is not set in stone and i feel and the solicitor felt there were very strong ground to ask for an extention which was optional, as well the solicitor knew!!

I don't want to drag this too far off topic, but this just isn't true. Limitation periods are very strict and are pretty much set in stone, as there would be no point in parliament passing a law setting out time limits for bringing personal injury claims if the courts simply ignored those time limits.

 

The circumstances in which a limitation period can be exceeded are set out in Part II of the Limitation Act 1980 (see http://www.legislation.gov.uk/ukpga/1980/58/contents) and they are very strict. Denial of liability / misrepresentation are not valid reasons for extending a limitation period. If one party denies liability you are expected to resolve that by issuing a claim within the 3 year time limit.

 

I don't know why you say the solicitor felt there were strong grounds to ask for an extension or what you told the council, but asking for an extension on the grounds you have described sounds to me to be hopeless.

[Ganymede]

Thank for that Steampowered,

 

The solicitor clearly identified to me and to the Council that an extension to the limitation would be granted by the Courts because of the circumstances.

 

Liability on behalf of the Council was denied during the three year period, so in effect they used that misrepresentation, denying liabilty knowing full well that was not the case, add to that Shelter were of the opinion that they were, and within the three year period, and but for the denial of liability, without reason the time period would not have been a issue.

 

Clearly if a party denies liability for three years ( limitation period ) and thereafter its proved they are liable, the limitation period is not set in stone and i feel and the solicitor felt there were very strong ground to ask for an extention which was optional, as well the solicitor knew!!

 

That is totally wrong and not at all how limitation works.

 

Edit: Sorry didn't see Steam's post.

[steampowered]

Hello - I think what this comes down to is that there are serious weaknesses in your case. It could be that you have an arguable negligence case, but to work out what that case is a bit of digging is regarded to work out what claims are worth proceeding with and what claims should be disregarded as having no chance of success, so that you know how to present your case (for example claiming that the limitation period has been extended because the council has denied liability is I'm afraid doomed to fail).

 

I like to try and be positive, but care is required as this a multi-track case meaning you will be liable for thousands of pounds in costs if you lose (although I take the point that you don't have any money to pay costs anyway).

 

It really would be best to try and get a legal professional to help you with this, if that is at all possible.

 

If that's not possible people are very happy to give you a few pointers on here, but I think that would need us to know exactly what is written in the POC and your Defence, otherwise the advice people give you won't have much value. This isn't me trying to be difficult, it is just the frustrating reality of a situation like this - attention to seemingly minor details is extremely important in legal proceedings and especially in a complicated case like this.

[callum1999]

What type of court injunctions can be applied for, to seek an order for local authority to repair property, if the local authority are obliged to repair, but refuse to carry out work? any advice would be appreciated.

[honeybee13]

Hello there.

 

Is this part of the current thread about a solicitor negligence claim or a different matter please?

 

I think you mentioned earlier in the thread that you wanted to take out an injunction against the LA a few years ago.

 

HB

[callum1999]

Hi Honeybee, and thanks for your reply.

 

I am just trying to find out what injunction could have been applied for, which would compel a local authority to follow its repairing obligations with one of their properties?, if they refused to repair.

Thanks

[honeybee13]

Thank you.

 

So you're trying to find out what the solicitor could have done but didn't?

 

HB

[callum1999]

No, i am just asking what type of injunction would normally be applied for if a local authority was breaching their obligation to maintain/repair their property.

 

It is my understanding, that you normally go through the local authority to seek an injunction for a landlord to to make application to the court for an injunction to order the repairs to be done.

 

The Council therefore are not likely to seek an order which involves them doing this???

 

Any advice would be great.

[steampowered]

The local authority and council are essentially the same thing.

 

I suppose you'd apply for a mandatory injunction requiring the council to make repairs ... of course you'd have to prove they were under a legal duty to make the repairs and had failed to do so first.

[callum1999]

The local authority and council are essentially the same thing.

 

I suppose you'd apply for a mandatory injunction requiring the council to make repairs ... of course you'd have to prove they were under a legal duty to make the repairs and had failed to do so first.

 

Thanks for that Steampowered.

 

I would have assumed and giving that Shelter and their legal team formed the opinion after considering evidence that they were under a legal duty to make repairs, which the Council failed to do, a Court more likely than not, would be of the same opinion whilst considering an injunction, just my opinion.

 

How do you request that a Court makes an order for the other party to give answers to a Notice To Admit Facts?

 

Thanks

[Ganymede]

How do you request that a Court makes an order for the other party to give answers to a Notice To Admit Facts?

 

Thanks

 

I really think you're focusing on the wrong thing here.

 

The Council has set out it's denial in the Defence so aren't going to turn around and admit to facts now.

 

You still need to post up your PoC and the Defence in full and word for word.

[Ganymede]

Thanks for that Steampowered.

 

I would have assumed and giving that Shelter and their legal team formed the opinion after considering evidence that they were under a legal duty to make repairs, which the Council failed to do, a Court more likely than not, would be of the same opinion whilst considering an injunction, just my opinion.

 

That's Shelters opinion and interpretation. Not necessarily the law or what a Judge would determine.

[callum1999]

I really think you're focusing on the wrong thing here.

 

The Council has set out it's denial in the Defence so aren't going to turn around and admit to facts now.

 

You still need to post up your PoC and the Defence in full and word for word.

 

They have no legal obligation to answer questions that would be quite relevant to the case and which are under the CPR, when and if they decide,it does not work that way, they are hiding from the facts that proves they have no defence.

 

That's Shelters opinion and interpretation. Not necessarily the law or what a Judge would determine.

 

No its not Shelters opinion, it is Shelters legal team who deal with matters like this on a daily basis,so they would be more qualified than most to establish any liabilities under Housing laws, they know that law inside out.

 

How do you request that a Court makes an order for the other party to give answers to a Notice To Admit Facts?

 

 

 

Thanks

 

If anyone knows of the procedure from which a Court can make an order which is with CPR, A Notice To Admit Facts, I would be grateful for any advice on the procedure that would need to be adopted.

[Ganymede]

Ok, it seems like you will not be told and there is no helping you unless it's what you want to hear.

 

Good luck with your claim.

[AndyOrch]

If anyone knows of the procedure from which a Court can make an order which is with CPR, A Notice To Admit Facts, I would be grateful for any advice on the procedure that would need to be adopted.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.18

[callum1999]

I ave just completed an Directions questionaire and it has asked if i have filed and served a disclosure report (form N263)

Can anyone tell me what i will need to disclose as this needs to be sent with directions questionaire i think.

[AndyOrch]

Normally Disclosure is done after the DQ once you receive the Court Notice of Allocation subject to what type of claim this is.

 

case-management-conference-notice (2).pdf

 

Andy

[callum1999]

Normally Disclosure is done after the DQ once you receive the Court Notice of Allocation subject to what type of claim this is.

 

[ATTACH=CONFIG]63325[/ATTACH]

 

Andy

 

The Court have said its multi-track, can I just send the DQ with fee Andy? I do not want to mess the courts around.

[AndyOrch]

Are you the claimant or defendant Studs

[Ganymede]

The Court have said its multi-track, can I just send the DQ with fee Andy? I do not want to mess the courts around.

 

Is this a money claim?

[callum1999]

Hi

i have just completed the Directions Questionnaire

and it states that i need to file any proposed directions with the questionnaire CPR29.1 (2)

 

What, if any directions do i need to apply for, can i apply for a notice to admit facts.

 

I have contacted the otherside and offered to agree directions with them,

as this was also on order,

but they are stating that they are awaiting instructions from their client.

 

Any help would be brilliants

as the QD and subsequent propsed directions need to be filed together by next Friday.

 

Any help would be appreciated, as i do not want to to lose case on non compliance with order.

 

The Order states i have to file proposed directions(whether or not agreed), if i do not, the Order states the Court could strike out claim or enter judgment against me, which i do not want.

[AndyOrch]

So propose your directions (if any) if not just submit the DQ