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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How to launch an appeal N161 to succeed as judge and

Resolved Question:

How to launch an appeal N161 to succeed as judge and advocate used CPR 18 to secure costs from a mentally illdefendant
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.

Hello my name is ***** ***** I will help you.

What track was the matter originally allocated to?

Customer: replied 12 months ago.
I do not know. It is in Chancery Division of High Court. Matter was heard 12/07/16. I was told I had 14 days to pay costs. 14 days are over on 26/07/16. I do not have money but am asking family to help.
This has been a contentious probate for over six years. Estate has no funds. Estate is in negative equity for 23k. I have funded the estate from personal funds to try to bring closure.
I require to file an appeal urgently as it is not fair to force LIP in High Court whilst being treated for Mental health issues.
To Complete form N161 I need to clarify what grounds I state.
I have listed my thoughts below:
Vulnerable Person( 62 yrs old) - Financial abuse by relatives ( sisters)
The Mental Capacity Act 2005
Unable to protect myself from significant harm and exploitation by claimants who are able to employ solicitor and advocate.
I do not agree with the interim order.
Interim order drafted by claimants to cause maximum damage.
I have complied with CPR 18 provided all documents.
Third party documents like correspondence with water board is requested
Bank refused to supply 14 copies of cheques and only supplied 10 cheques.
These two things make the CPR18 not compliant? Third party documents not in my control
Service - Claimants have a history of not posting documents, court orders to me.Court has failed to add my name as a party and to receive court orders.
I was not sent initial letter CPR18 by claimants. I only became aware once court wrote to me to ask if I was going to respond.
Tactic to get automatic default
This was tried before but judge stood over and allowed me to respond.
I have been slapped with 100 % costs for the first time ?
It is my firm belief that solicitors continue interim litigations and keep parties in dispute to profiteer
The sole purpose of claimants partcipation was to male claim for costs
Expert:  Ash replied 12 months ago.

Have you been sectioned or had a psychiatric report saying you do not have capacity?

I assume they made an application and it was heard by the Court? Did you not attend?

Customer: replied 12 months ago.
No I am not sectioned or had any psychiatric reports done. I am being counselling by health centre
Court attendances are for probate matters for last six years
Expert:  Ash replied 12 months ago.

How is it then you can provide evidence to the Court that you did not have capacity?

Customer: replied 12 months ago.
My Doctor has prescribed medication for depression , mirtzapine 30 mg , and am attending weekly therapy at the local health centre. This week to be moved to one to one psychologist. I have been signed off from work too.
Expert:  Ash replied 12 months ago.

Has your own GP said that you did not have capacity?

Customer: replied 12 months ago.
He signed me off and contacted the health service
Expert:  Ash replied 12 months ago.

But has your own GP specially said you did NOT have capacity at that time?

Not just signed off, but stated no capacity?

Customer: replied 12 months ago.
On 22/04/16 Psychological Practitioner confirmed in an Assessment Summary that I was suffering from severe level of anxiety.
Expert:  Ash replied 12 months ago.

Anxiety is not the same as having capacity - so you need to be aware of that.

What is it you want to know about the form you need help with?

Customer: replied 12 months ago.
I have been put under enormous pressure by claimants/ solicitors for over six years. It is now affecting me personally.
I had collapsed with chest pains whist on holidays.
I have also attended emergency hospital with chest pains.
I am being treated for depression and Anxiety.
It has reduced my ability to follow case as LIP
Expert:  Ash replied 12 months ago.

Yes I understand - so what would you like to know about your issue?
What is your question? Please bear in mind this is an online question and answer service, I can not act or do work for you.

Alex

Customer: replied 12 months ago.
Alex Can I include this in my appeal and what evidence would I have to show to court , in an tactical procedure CPR18 only to frustrate LIP. How is capacity assessed? By who is the capacity judged? Could my personal Psychological Practitioner send a letter to court?
Expert:  Ash replied 12 months ago.

Capacity is assessed by a professional, ie GP or Psychiatric Report. They must say that AT THAT TIME you did NOT have capacity.

Otherwise your appeal may fail.

If you dont have capacity now - then you cant act. You need to get a Litigation Friend. Otherwise any step you take is invalid.

So you need to show from a Professional you did not have capacity at the time.

Can I clarify anything for you about this today please?
Alex

Customer: replied 12 months ago.
Alex This is very helpful and appreciate your clarification and guidance. Would other solicitor be responding to rest of the points in my question?
Expert:  Ash replied 12 months ago.

Yes they will. 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

Ash and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Most certainly. Excellent response in timely fashion.
Expert:  Ash replied 12 months ago.

Thanks very much.