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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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A friend has informed me that a person with mental problems

Customer Question

A friend has informed me that a person with mental problems who has been sectioned and is also an alcoholic with no evidence would not be listened to if trying to bring an allegation to court. Is this information I received correct?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
I was taken to court by my sister who is mentally ill she is also a registered alcoholic. She has been on medication for around 35 years she has never worked, she had liver damaged and turned yellow. I was successful in my case. My solicitor stopped acting for me 4 weeks before the hearing. I asked him to wait until after the hearing as his costs would be paid. He refused. I found out he did not forward costs for me. I now have his bill which he sent out if time to have in court.
Expert:  Jo C. replied 2 years ago.
What were you taken to court for?
Customer: replied 2 years ago.
My mentally ill sister had said I'd forged the deed of gift. I went to court and was successful with this matter. The judge said my sister didn't make sense. She asked if she remembers being told about the deed of gift in 1997. She replied vaguely. The judge then said both parents were alive at that time so why didn't you ask your parents to confirm this. She replied I just took it with a pinch of salt.
I am sure I'm correct with this information, I'd just like it confirming.
Expert:  Jo C. replied 2 years ago.
Thanks.
It is certainly not right to say that she would be just ignored.
Obviously she is a witness that is less likely to be credible and reliable than, for instance, a professional adult witness and that is something that would be considered by a court. But its not right to say that she could not be relied upon. A court could look at the surrounding circumstances. I've just prosecuted a case where the central witness was the most unreliable I think I have ever had and if it had rested upon her evidence alone nobody would have been charged - but the surrounding circumstances supported her allegation.
There is clearly means here to undermine her but that doesn't mean she wouldn't be listened to.
I'm very sorry if this is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
I understand your answer. Should solicitors go with caution? My sister was asked did I she use a solicitor in 1998? My sister replied she used Robert Leach in 1998. The Adjudicator shook her head as this solicitor committed suicide in 1994. I'm sure they must listen and see by her answer to questions she answered. Nothing she says makes sense!
Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.
I was successful at the Hearing. In the Decision the adjudicator said I was to have my costs paid as I was a legitimate person. My solicitor failed on a number of things but my main point is he never put costs forward when asked a few months before the hearing. He billed me personally for costs a few months later. He has put charges on my property I believe they should be taken off? How do I approach doing this
Expert:  Jo C. replied 2 years ago.
Thanks.
I think you need to ask another question about this I'm afraid.
Your original question is some two months old now and the issue of charges on your property is entirely different to the issues above.
Customer: replied 2 years ago.
My solicitor failed to reply to letters from Tribunal Service to put costs forward for the outcome. I was the successful party and my costs were to be paid. I was happy withe this until I received my solicitors bill a few months later. He put a charge on my property that I want to have removed.
If he had forwarded my costs he would now be paid.
What application do I make and what court do I make the application to. Do I use a district judge or do I use a higher judge?
Customer: replied 2 years ago.
Okay
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
Please remember to rate my original answer.

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