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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My sons were traumatised by an illegitimate police action aged

Resolved Question:

My sons were traumatised by an illegitimate police action aged six. They are now aged eighteen. I believe they can now sue for damages. They would like me to act on their behalf. What documentation do I need to act on their behalf?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Were proceedings already issued previously?
Customer: replied 1 year ago.

Yes but barrister failed to support case so I resorted to Independent Investigation which discovered professional paedophile ring hysteria. The police had failed to investigate a third party allegation and had tried to cover up this assumption. It was then out of time.

Expert:  Ash replied 1 year ago.
Ok - if proceedings have once already been issued then you can NOT issue again as it would be an abuse of process. If there had never been proceedings then you could issue because the children have until the age of 21 to bring a claim.But on the basis proceedings were already issued once I am sorry to say you can not bring a second claim for the same thing - it would be struck out as an abuse of process.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.

Could you please clarify what you mean by proceedings?

Expert:  Ash replied 1 year ago.
I asked if proceedings were already issued previously - you said yes. Proceedings means the claim was issued at Court.
Customer: replied 1 year ago.

It was not. No claim was made. The barrister failed to question the police adequately so I chose an Independent Investigation. My question is what do I need the children to write and sign so that I can pursue a claim on their behalf

Expert:  Ash replied 1 year ago.
Ok in that case you were still entitled to bring a claim. As long as proceedings haven't already been issued you are entitled to do so by the time they are 21
As for evidence you would need any corresponding medical reports to show and document and injury, together with any supporting evidence you have.
This could be in the way if findings made by the Police or IPCC or any other documentary evidence.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.

The boys wish to have minimal involvement. Would a signed statement by them that I can act on their behalf be enough. Given the extent of the cover-up I think it highly likely that they would settle out of court.

In your sentence re the IPCC would their findings be helpful or do they preclude further legal proceedings.

Expert:  Ash replied 1 year ago.
No. If the police contest it they would need to give evidence in court, in any event they would need to at the very least give statements. They would need to be disclosed to the police.
Does that clarify? Alex
Customer: replied 1 year ago.

Could you please clarify the actual age period they can sue. I thought it was 18 to21.

Expert:  Ash replied 1 year ago.
They can sue from now until the age of 21
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
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