How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I have a hearing tomor following a short notice which did not

Resolved Question:

I have a hearing tomor following a short notice which did not allow to seek advice. I had originally an injury case. my solicitors ran th case out of time in 2007 then I engaged new solicitors to sue them. th new solicitors delayed and delayed despite my instructions and so broke all my instruction and finally filed a claim but again after the deadline and thus th court decided it was out of time. Now th first solicitors are claiming for fees. I am since long certified disabled and unemployed and only on benefits. I intend to sue again my last solicitors who failed the basics of my instructions. I kno it seems I was th one who sued my ex solicitors out of time but my solicitors decided to do it against my will though they represent me. so in reality they never followed my instructions at all. how can I be blamed. should it nort be obvious to the judge that if I could help it and if it was my decision to sue it wd be only in time; and that it was the new solicitors fault and not mine??? and what about my being disable and on benefit? is it allowed to sue some penniless and on benefits?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The answer here is to sue the last set of solicitors for negligence for issuing the set of proceedings out of time against the previous solicitors. You can make a claim on their insurance. However, this time, you get a competent firm of solicitors and give them a deadline to issue proceedings. If this deadline is not met, then take the case away from this firm of solicitors and go to a new firm. There is no point in sitting on your hands again if the work is not done. You need to get the work done and get proceedings issued. However, you have a good cause of action for loss of a chance against this latest firm of solicitors. So you should sue in negligence.
Expert:  Buachaill replied 1 year ago.
2. The second point you need to be aware of, is that any claim for fees by the first set of solicitors is statue barred and out of time due to delay. So you should realise that you can meet this action for fees with a good defence of lapse of time. You also have another defence of unconscionability to rebut this claim for fees. Where a firm of solicitors does not do the work, there is a lack of consideration for earning fees and it is also unconscionable to allow recovery. So you can meet this claim with a good defence.
Expert:  Buachaill replied 1 year ago.
3. Finally, there is nothing to stop a person who is penniless and on benefits from suing for negligence against his former solicitors. So dont let your lack of financial resources put you off. Even if you have to do it yourself, you should get the proceedings issued and get recovery for the loss you suffered. This will include full compensation for the injury suffered and any related costs.
Expert:  Buachaill replied 1 year ago.
4. Please Rate the answer as unless you Rate the Answer your Expert does not get paid for answering your Question.
Customer: replied 1 year ago.
sorry I see I sent the wrong number; it is 07830 149 420
Expert:  Buachaill replied 1 year ago.
5. I am sorry but this Expert does not provide Live phone calls. You will be able to get a different Expert to provide a phone call. However, please Rate the answer provided.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I just read the answers and hope to use them in my defence. but I need more explanations of what they mean and how to exactly explain them or put them forward. also I did not understand about the point 1 , their claim being barred out of time for delay??? my secod solicitors sued them on 11/03/2014 after a lapse of 6 years and 3 months or so. and around the month may or june*****decided it was out of time. so from that date until now only less than 2 years passed. are you saying they are too late to claim from which date??
Customer: replied 1 year ago.
do you mean they are out of time to claim from the time they dropped my case in 2007? until a case was filed against them in 2004? also I asked about if they can sue someone on benefits and with a disability certificate, DLA ? I do know that my state will not stop me suing others, but if t is easy to Be sued in my state? is it normal?
Customer: replied 1 year ago.
thank you too. But if I am not getting phone call soon, can I get answers to the other questions I asked? otherwise I wont be able to use this help unless I can understand it better to be able to explain it/put it forward properly to the jugde.
Expert:  Buachaill replied 1 year ago.
6. Firstly, there being no consideration means nothing of value flowed from the solicitors to you, in that they didn't do what the they were contracted to do. Every contract needs something of valued, called consideration in order to be effective. So here there was no consideration. Secondly, unconscionability is essential fairness. However, here you relied to your prejudice and detriment on the solicitors assertion that they would issue the proceedings in time and not prejudice your case. As they never issued proceedings in time and you relied to your detriment upon their representations that they would issue the proceedings, it is now unconscionable (unfair) to enforce a claim for fees.
Expert:  Buachaill replied 1 year ago.
7. Thirdly the first solicitors are too late to sue, as the limitation period began when the work was completed. So now they are out of time to sue you. Fourthly, it is possible to sue someone on disability, I regret to say. So you can be sued in your current state of ill health.
Customer: replied 1 year ago.
Hi this is an update as you requested. but before I continue I want to make sure this continued question and answers are included in the £56 already paid for the duration of a month?I unfortunate lost the case and the jugde gave no mind to any of the things a stated, th out of time claim for cost recovery by the previous set of solicitors and th unconscinability of recovery. he just ignored me nd said I issued proceedings out of time against them. in case you misunderstood the case: the first set of solicitors took on my personal injury case. I had an falling incident in June 2004, was serious as med developed into surgeries and procedures making me worse. before contacting solicitors, the insurance company offered me £15000 based on only 4 weeks of sick certifictes when in realty at the time of the offer, more than 2 years have elapsed I was in possession of sick certifictes for 2 years( 110 weeks of certificates). in 2006 I contacted the first set of solicitors with a specific purpose of securing a hgher offer based on at least the fact that the insurance was not aware of the thus far 110 weeks of Med 3 certificates and not offer for 4 weeks.there was at the time maybe one more year to act and they did nothing to pursue my instruction agreed and never contacted the other side and let time run out when I thought they had asked for time extension by filing in court. they called me to come and get my file as there is nothing they cld do now and apologised. to my angry pleading that they destroyed my case, they said, lets be friends; your case is not ruined. your case can now continue in a new directio by suing us. you must go to a new solicitor and sue us. we have insurance. I singed to obtain th file and the case soon moved to new solicitors. these new, second set of soilicitors, had until 11th nov 2013 from the time I signed and received my file whch seems to be 11 nov 2007. My second set of solicitors were supposed to sue the first ones for negligence, blatant negligence. they were supposed to act to rebut an expert witness report bec it was too out of date by now that many years have passed and I am still suffering , in fact became disabled and remained unemployed since the initial incident in 2004. so the new solicitors had a very clear case and I believe easy one yet never followed my instructions, never contacted the other side with a claim package even though my medical was by now very clear as being a permanent condition. they did wirte one letter of intent to sue when they first got the case in in 2008. they prepared a claim but was never offered to the other side until 10 March 2014, out of time. the other side asked th court to dismiss it and so it was. I stil don't know on wat basis they thought they were in time. but they were fully aware time running and dates and I was complaining and instructing and reminding them to act ever few months to no avail. maybe they thought the deadline count started when they believe I took the case to them or other, not sure. so as you can see, now after the court determined we were out of time, the first solicitors claimed cost against me and won regardless of the defence you advised me. Now you know the full stats of the case. so in short, I have now been mistreated by two sets of solicitors in a row and am afraid to get a third ones( though I need to act quickly). I fear now and suspect there is collusion or at least fear on part of the solicitors to sue insurance firms and seem suspiciously inactive, lethargic as if not interested in making money, at least not from th insurance. so I don't kno who to trust now that is why more than a year past and I stil have not engaged new solicitors to sue the second set. I do believe I have a good good case especially bec a claim was filed in the court, meaning that the last set of solicitors were going for the amount stated in the claim and believed in it. and on this basis a new solicitor can hold this already filed claim(despite being out of time) against the last set of solicitors bec That was the amount of my income loss they were going for? if you no understand th case better with this background, can you advise? it may be that if I have enough clear answers, I my choose you for a lawsuit. I have additional questions about th prospect of the new case. But first about the first solicitors succeeded claim: last week the court ordered me to pay £6000 in costs to the first solicitors for my filing against them out of time. Of course, legally i did, but in reality, my seocnd soliciotrs did not me and did it despite my objections. so I was only able to reduce to £6000 from 9000, But I am unemployed for years and disabled and a vulnerable person. So I have no savings whatsever or luxury items. I still have my credit cards but no money except the benefits for bare survival . they seem to insist on collecting. can they get enforecmnt against a vulnerable person? how ill th bailiff act if they succeed in getting enforc
Expert:  Buachaill replied 1 year ago.
8. Before we can continue the thread, you need to Accept the Premium Service Offer for further advice. I am not certain what your offer includes. You will have to ask Customer Services what is included in your monthly payment as I have no means of knowing.
Customer: replied 1 year ago.
as far as I am aware the payment I made covers me for £56 covers me for a month and after if I do not cancel. so I thought this was covered. I do not kno what what premium service offer is??? th truth is obviously , I may not need legal advice on a regular basis to have continuous service neither is it fair to do so, as I might be soon engaging one set of soiciotrs or a barrister and cannot have several opinions nor need for it. I will appreciate your continued comments so as t anable me to decide what to do next. do it through you or somebody else?
Customer: replied 1 year ago.
it may be possible to call me now or soon by phone with the extra amount or sorry I just also saw your text above a request to pay above so il click on it regardless
Customer: replied 1 year ago.
I just clicked on the paymnt of £43. and just for a remender if we need phone contact the number I listed for me above has an error in one digit. my phone is 07830 149 420.
so I await your kind replies to my questions. I hope that this offer doenst expire today bec I may just leave my PC and have to go out soon but still expect to read from you still after I leave today and tomor and after until I get enough background advice to make up my mind what to do now and how to act and when, in regards ***** ***** the last set of solicitors, and how to act in defence against any enforecement action/bailiff buy the first soliciotors who just won in court an order of payment against me despite my being penniless.
Expert:  Buachaill replied 1 year ago.
9. The first thing I would advise you to do here is to appeal this ruling, for it appears the judge paid no attention to your submissions. Accordingly, you should prepare appeal papers and get the matter appealed, even if you have to do it yourself. There are good reasons why this order should not have been made against you so now you ought to appeal.
Expert:  Buachaill replied 1 year ago.
10. The second thing I would advise you to do is to shop around for another set of solicitors who will represent you both in defending this claim for costs and also in suing the last set of solicitors in negligence. At this points in time, you have the option of either representing yourself or seeking another set of solicitors to represent you. This time should you hire a set of solicitors, you need to ensure the work is done and that you don't have yet another claim fail for the lapse of time.
Customer: replied 1 year ago.
thanks for saying this. he order he made at the end of the hearing was also to not allow me right to appeal against is as there was no prospect of win he says. I brought up th issue of their being out of time. he answered ' you sued them out of time' they ar entitled to costs. they acted in my case most of 2007. they claimed they gave me my files back on and I signed for them on 11 Nov 2007. My second siloicitors filed against them on 10 March 2014. the court determined th action was over 4 month late after 6 years expired. so do you mean they were late to file costs against me bec their work finished officially on 1nn nv 2007 ? but I (my last soliciotrs0 filed against them on 10 March 2014. and they did put an initial claim for costs in dec 2014
Customer: replied 1 year ago.
so if they were only able to claim after I filed suit out off time against them in march 2014 how can they be out of time? don't they have also 6 years from my filing against them in March 2014? as to the issue of unconscionability to recover costs, this one the jugde ignored completely and just repeated ' you sued them out of time'!
Customer: replied 1 year ago.
so they did file for a claim cost ( I don't understand it as provisiaonal or something soon after my proceedings against them were determined out of time by the court on 30thOct 2014. My ex solicitors filed out if time in 10 Mrch 2014. the first hearing was set for 3oth oct 2014 in which th court decided we filed out of time. I was furious as I had already warned my solicitors that I believed we were out of time and that their theory of extending our deadline date in 11 Nov 2013 until 11March 2014 was wrong, needless to say I had instructed them to do dozens of things prior, wel before the actual expiry, things as you know preparing a claim years before or at the earliest opportunity and send to the other side to allow enough time for out of court settlement. nothing was done as instructed
Customer: replied 1 year ago.
the first thing I did after the hearing and order, was I sent a copy of th order to the last set of solicitors blaming them for the court order and asking them to pay it on time so as not to cause further damage to my case or to what remains of my credit. of course, they might ignore it completely and not pay as it wd be admission of guilt. My letter of requesting them to pay details what I believ they did wrong in the case from beg to finish and sounds like a claim from against them for damages for the overall case though I did not say I would be filing yet. they are aware of my intent to or considering proceedings soon. do you think still the first set were are out of time claiming costs??? I don't see how. I only issued proceedings against them out of time on 11th March 2014 and soon after the first hearing on 30th oct 2014, they filed for something like costs in th high court. also is the issue of their unconscionability to recover costs so widely used in courts for th jugde to ignore like that? what about th denial of my right to appeal in th order? can I still appeal as it stands?
Customer: replied 1 year ago.
My thinking about th order is that since I don't have any money, am on only th benefits, a vulnerable person by disability, unemployment and other mental health issues, I thought there is not much they could collect from me. but if there is a chance they cld pursue further harrassmnt financial or other, I wd continue defending this if there is a chance? I thik that th bailiffs are not allowed to enter th home of a disable and vulnerable person and I don't hav any luxury items worth taking control of by bailiffs. so what do you think about all this again with this inf you hav now, before we move on to the new case against the last set
Expert:  Buachaill replied 1 year ago.
11. Be aware that the danger is that if you don't successfully appeal this order, that an instalment payment order will be made against your benefits, so it will greatly reduce the amount you have to live on. For this reason alone, I would suggest you appeal the order. Be aware additionally, that once a judgment is in place, then the bailiffs can attend at your place of abode and take away any valuable goods you might have in satisfaction of the judgment. So I would advise you to avoid this situation. It will make no difference to the execution of the judgment that you have mental health issues and are on benefits. These issues are not considered material when executing on a judgment.
Customer: replied 1 year ago.
I understand thanks. however, after your reading my full explanation that we,my second set of solicitors filed 4 months out of time against them only 2 years ago, on 10 March 2014 and the the hearing was set for 30th Oct 2014 when th court determined we were out of time. that is only 1 year 5 months ago. how can they be claiming costs out of time , again please , if so? and the unconscionability of them recovering costs? now you have more precise facts about the case. the order does not allow appeal? you final thoughts on this again. and if still possible to appeal, on which grounds? how do I do it/ do I contact citizens advice bureau? of shop for new set of soloictors? can I approach a barrister direct and avoid solicitors? is it no win no fee since I have no money? I am in London. do you know anyone?
Customer: replied 1 year ago.
the order took place in th high court in London. if I were to do it myself, how do I do? do I contact th court to ask for which documents/application to send me and fill out and send? what documents do I need if you still think it possible to appeal after you review all th info I gave? thanks
Customer: replied 1 year ago.
sorry its been some hours and no answer. I kno you must be busy . but I am wondering if you are getting my messgs? I am really frustrated and worried at the prospects especially if you misunderstand all the dates in th background of the case and then I put forward th wrong law grounds. so please re-read wat I wrote about what happened and when to get a clear picture. I am already upset that the judge completely ignored my points as if I were speaking utterly out of context when I mentioned their out of time claim. are they out of time if they file only after 1year 3 months after th 30th oct 2014 hearing which struck my claim out against them bec my new solicitors filed out of time. so do you still see a cause for my appeal? and lack of consideration? if I have one or more ground still, can I ask th court for an appeal form and fill it out?th order of th high court was handed down last mond 15th/03/2016 and with no permission appeal as no chance of success???
Expert:  Buachaill replied 1 year ago.
12. You should contact the court and find out how to appeal. there is a standard form of documents you must fill in, firstly, to seek leave to appeal and then to run the appeal. You will have to go back initially to the High court judge who heard your case and seek the right of appeal from him. If he refuses, then you will have to go to the court of Appeal to seek leave to appeal. It is still possible to appeal but you must act within 21 days of the original hearing to lodge an appeal.
Expert:  Buachaill replied 1 year ago.
13. I would also advise you to seek the help of the Bar Council pro bono service to help you with the appeal. I fear one of the reasons you short shrift with the HIgh court judge is that you represented yourself and he didn't listen to your points. Your case would be best represented by a professional lawyer, if you can get one to represent you.
Customer: replied 1 year ago.
thanks I kno what you mean, but I don't have enough time to choose a counsel, much less hav n appointment with him to act in time. do I fill th papers while seeking someone? but do you still think the same grounds are correct after your reading the dates and events? any other grounds to use? how were they out of time? how can I explain this in the grounds form.if tthey can only claim costs after I try to sue them(which I tried to by filing in on 10th March 2014 and only they found out by a court decision that we were out ot time on th first hearing after my filing which was 30th oct 2014. that hearing tuck my case out and and judgment in their favour for a draft order
Customer: replied 1 year ago.
as you can see then, th order was handed down on 15 March last Monday which leaves me only 11 days to act. if I succeed in getting represented after I lodge a form for permission to appeal with the same judge, I hope th new barrister would accept your points of view and get on with th case.
Expert:  Buachaill replied 1 year ago.
14. Yes, you will in the papers whilst seeking someone to represent you. The key thing here is that you move the application for leave to appeal, yourself, even if you don't have a counsel to represent you. You seem to think the judge refused leave to appeal. If he did, then you must move a leave application before the court of Appeal. If the judge didn't refuse leave to appeal, then you should go back in before the judge who heard your case and seek leave to appeal. Be aware that there is a discretion to grant leave to appeal even if your case is out of time. However, you should file the leave to appeal application within the next 11 days.
Customer: replied 1 year ago.
yes the judge in parag 3 of th order says, ' permission to appeal is refused as it is th view of the court th claimant does not have a real prospect of sucess
Customer: replied 1 year ago.
so now I can no longer go back to him again right? just proceed to th court of appeal? and seek permission to appeal first? and then run th appeal, right? do I contact the same who made th order or just th court of appeal for forms? you did not say. do still believ they were out of time? how since what date to start? if they only had may case struck out on on 30th Oct 2104
Expert:  Buachaill replied 1 year ago.
15. If this is the case, then you must move the application for leave before the Court of Appeal. So get the papers issued and seek leave to appeal before the Court of Appeal. If you get the application entered, then you can seek further professional help to assist you.
Customer: replied 1 year ago.
but I should still cite th same grounds for permission TO APPEAL in th form for appeal, right? Otherwise they wont kno on wha basis to grant permission? what are th grounds in a legal formally to fill in, from your data?
Expert:  Buachaill replied 1 year ago.
16. The leave to appeal grounds are substantially what you argued in the High court. You need to show that the justice of your case merits an appeal. If you can get professional help, it would be an advantage in determining your grounds of appeal. However, they are substantially what you argued in the High Court.
Customer: replied 1 year ago.
yes but after you viewed th dates of th info I sent you, you stil believ they were out of time? how? I mean how do I word in in th appeal paper? also the unconscionablity--lack of consideration? any other grounds you see?
Customer: replied 1 year ago.
do I ask for a ' permission to appeal form' exactly? is it from th 'appeal court' or has th court another proper name?
shld I concentrate on this alone now and leav suing th second set of solicitors separately? does not th claim they filed in court, though out of time, is it no to be used against them as a basis for th lost damages?
Customer: replied 1 year ago.
and for the second set of solicitors, do I have six years again? starting from when? th date of the hearing 3oth Oct 2014 when my case was struck out, being filed out of time by my second solicitors? si I discovered only then that my case failed and th second solicitors failed on that date too right/ so does my six years??? start conting down from 30Th oct 2014?
Expert:  Buachaill replied 1 year ago.
17. If you want any further queries answered, please start a new question thread, as this one has expired. Go to the Question page and ask a new question.
Customer: replied 1 year ago.
wat do I do if/to start a new thread?
Customer: replied 1 year ago.
But rap this one up at least you didn't not answer how they were out of time at least to claim for costs. please tell me, because I will act on this basis