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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i am claiming against my school injury. my solicitor

Resolved Question:

i am claiming against my school for an injury. my solicitor says due to data protection act I will have to get evidence myself and then pass it on to him. is that right??
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will get you with this.

Alex Watts :

No not normally.

Alex Watts :

What normally happens is your Solicitor writes a pre-action letter and asks for documents such as accident report books, medical records the school holds etc

Alex Watts :

They are required to disclose this.

Alex Watts :

If you have witnesses then these details should be sent to your Solicitor.

Alex Watts :

But as for records, the school can disclose these.

Alex Watts :

Any witnesses to the accident you need to give these details to your Solicitor. These people must also be willing to give evidence in Court should it come to a trial

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

why does solicitor say he cannot get information because of data protection act

Alex Watts :

There is a pre action protocol

Alex Watts :

When there is a personal injury claim the other side have a duty to disclose relevant documents.

Alex Watts :

If they do not your Solicitor can make an application to Court for specific disclosure.

Alex Watts :

Please see the Protocol:

Alex Watts :

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

Alex Watts :

Rule 2.13

Alex Watts :

The aim of the early disclosure of documents by the defendant is not to encourage ‘fishing expeditions’ by the claimant, but to promote an early exchange of relevant information to help in clarifying or resolving issues in dispute. The claimant’s solicitor can assist by identifying in the letter of claim or in a subsequent letter the particular categories of documents which they consider are relevant.

Alex Watts :

Therefore they should disclose documents

Alex Watts :

Does that clarify?

Alex Watts :

Rule 3.10

Alex Watts :

Documents




3.10


If the defendant denies liability, he should enclose with the letter of reply, documents in his possession which are material to the issues between the parties, and which would be likely to be ordered to be disclosed by the court, either on an application for pre-action disclosure, or on disclosure during proceedings.





3.11


Attached at Annex B are specimen, but non-exhaustive, lists of documents likely to be material in different types of claim. Where the claimant’s investigation of the case is well advanced, the letter of claim could indicate which classes of documents are considered relevant for early disclosure. Alternatively these could be identified at a later stage.





3.12


Where the defendant admits pri***** *****ability, but alleges contributory negligence by the claimant, the defendant should give reasons supporting those allegations and disclose those documents from Annex B which are relevant to the issues in dispute. The claimant should respond to the allegations of contributory negligence before proceedings are issued.


Customer:

my solicitor is asking me to get the evidence together. can I go back to him and say it is his job to gather evidence for the information I give him.

Alex Watts :

Yes.

Alex Watts :

Direct him to the Protocol using the rules I have cited above.

Customer:

so data protection act is not a problem

Alex Watts :

No. The Protocol is quite clear

Customer:

Ok Alex I know what to do now. can I print off this conversation??

Alex Watts :

Once you rate the answer the format changes so you can print it off or save the text

Alex Watts :

Can I clarify anything else for you?

Customer:

just one more thing can I change my solicitor is he is not helpful

Alex Watts :

Yes you can do that, you are free to do so

Customer:

even though he has sumitted claim to the council already

Alex Watts :

YEs

Alex Watts :

You can change part way through

Customer:

thanks Alex great job will rate you now

Alex Watts :

Thank you. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click repl

Alex Watts :

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