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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The legal ombudsman made a decision last year september 29

Customer Question

The legal ombudsman made a decision last year september 29 send this by email - address was in correct and no letter was received by post. I challenged that I had been served given the person nature of the decision and stated that the 3 month time limit to judicially review the decision did not start to run until the official decsion had been served. I have still not in my view been served. Am I correct
Secondly having looked at the pre-action protocols there does not appear to be one for my situation ( provision of legal services poor service - on costs) do I need to comply with a pre-action protocol or can I simply go to JR
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you.Have they said why it was not served by post? Do they say the decision was sent by post and not received?Did you get the email?
Customer: replied 7 months ago.
They have said "for the avoidance of doubt, the decision need not be "served" which is a requirement of the CPR in respect of various legal documents. In those circumstances parties to action may specify that service of legal documents can only be by way of post or email ........However the legal ombudmans is the statutory scheme for the determination of complaints against authorised persons created by Part 6 of the Legal Service Act and set out in the Scheme Rules 2015. There is no specific form of communication so the decision can be sent by email or by post. They say that the 3 month time limit expired on 7th January 2016. I do not agree they must serve it formally. Send by email
Expert:  Ash replied 7 months ago.
Thanks. The Legal Ombudsman is not involved in proceedings and is therefore not covered by the CPR unless it is involved in litigation.As such you can Judicially Review their decision. As you know it would go before a High Court Judge to decide whether their decision was legal and reasonable. A Court can either agree with the decision or remit it back.But I agree, its not covered by the CPR as it is not proceedings and therefore not covered.However there is a useful document provided on JR:https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdfCan I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
my questions are a) has the 3 month time limit run out - which would mean I am unlikely to get permission to JR
b) when does it start to run I say it must be served formally.................they seek to enforce the decision aginst me so there must be a method by which it is communicated.............email is not acceptable. they send the letter to the wrong address so i never got a letter from them. I do not accept that sending it by email begins the time running on their decision. The question is not if I received it but whether it was correct to have delivered their decision in this way.
Expert:  Ash replied 7 months ago.
A) You could argue it has not. The Court may be able to extend the time limit for youB) It runs from when you are formally served.But if they refuse to reserve it, you can Judicially Review THAT decision.Does that clarify?Alex
Customer: replied 7 months ago.
Thank you
Expert:  Ash replied 7 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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