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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I was subject last year to a civil case [this involved being

Customer Question

I was subject last year to a civil case [this involved being sued by a customer for not returning a deposit paid by him - but for which he cancelled the contract without due cause].
At the time of the case the courts refused constantly to move the case to my local court ans I was becoming increasing ill - having a triple hernea operation only 2 months after the case.
I was "forced" to travel accross country whilst very unwell due to the claimants getting their court to refuse to any delays.
I attended in great pain and under the effects of the strong painkillers - standing during the majority of the proceedings due to the pain. The Judge faailed to take into account the extensive documentation produced - relying on the claimants vivid memory and recall of events two years earlier - without any documentary backup.
I lost.
It took until the early part of this year before I was able to work again properly, but I am self employed and have had no jobs this year.
I am now of pensionable age (66) and have consistanly felt "cheated" by the Barrister and the Court.
I want to do an appeal.
How do I do it.
The Court was the Cambridge County Vourt.
I live in Bristol.

Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Did you apply, at the time, for permission to appeal? If not, did anything prevent you from lodging an application to appeal within 28 days of the decision?
Customer: replied 4 years ago.

two principle reasons - ongoing hospital and doctors appointments and ill health associated with it.

Plus immediate resopnse of a solicitor appointed for 2 specific reasons -
1] to move the case to Bristol because I was convinced that with the Barrister and Judge[s] there that I would not get an unbiased trial.

2] to enable a delay to allow for my worsening medical conditions to be resolved - which their Barrister persuaded a judge in Cambridge were not real despite notes from my GP.


When the case collapsed with little help from an appointed barrister - who instead of questioning the claimants when prompted - said "the Judge will have read the papers" - they were by this time about 1 1/2 inches thick.


He advised I understand the solicitors acting for me - there is no point in appealing.


I asked questions about the proceedure and why key documents that I had referred to in my evidence were not available in the bundle produced by the Claimants first to me on the morning of the case - but they refused to answer the questions until this year after I had refused to pay the balance of their charges and their internal "complaints" proceedure had been completed.


It became increasingly obvious that they had failed in their duty - they did not request a moving of the case to Bristol "because it might upset the court".


and so on and on.


Basically I was Ill and attending both doctors and hospital appointement in the runup to an opreration and the solicitors groupacting for me siad no point - whereas they may have been covereing their own failings in their duty to me.

The solicitor that dealt with this for me left very shortly afterwards to take up a career as a Baker !!!!

Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

yes please - I need an answer

Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Nicola-mod replied 4 years ago.

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Customer: replied 4 years ago.

I require an answer - please

Expert:  Nicola-mod replied 4 years ago.


We will continue to look for a Professional to assist you.

Thank you for your patience,
Customer: replied 4 years ago.


I have yet to receive any answer to my question despite your taking £33 from my account andd a further 3 x £63 .


1st payment 18-6-13 £33

2nd payment 17-6-13 £63

3rd payment 29-7-13 £63

4th payment 27-8-13 £63.


So far you have failed to provide any service at all.


Please therefore cancel any further payment collection, and refund all money so far paid. Total £222.


This can be paid back to my card which you have been accessing.


Any contract that was between us is cancelled due to non performance and as such I am looking for a full refund.


Please advise ASAP.

Expert:  Nicola-mod replied 4 years ago.

I am very sorry for the inconvenience this has caused you and will arrange the refunds for you now.

Thank you for giving us a try and I am sorry we could not find an answer for you.