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Hello my name is ***** ***** I will help you with this.
You want to appeal the decision from January 2012, is that right?
Are you able to explain the two and a half year delay?
My solicitor had to present my case and examine the facts
I have no sound on my computer
What should I do is it possible to appeal out of time
Ok - but Judgment was January 2012, has a Solicitor been looking at this for you?
When did you instruct a Solicitor?
about april 2012 to reopen my cica case
Why did you wait 2 years?
I was waiting to see if my case would be successful which it was and that causation has now been proven I had to get experts reports etc
My case at the high court was lost on causation
In January 2012?
Ok - so you waited from January 2012 until April 2012?
My condition had deteriorated since 2006
Your case was in January 2012, you instructed a new solicitor in April 2012 - is that right?
yes. I want to appeal the decision of the high court because causation of my injuries has been proven
So what has your Solicitor been doing since April 2012?
If the decision were left to stand it would cause me substantial injustice
what has your Solicitor been doing since April 2012?
My solicitor has been gathering evidence about loss of earnings etc
Why did he not make an application for leave to appeal then?
So you are saying it has taken your Solicitor over 2 years to get details for loss of earnings?
because I asked him to try and have my case reopened with the CICA due to the worsening of my condition and I had to prove causation first
So your Solicitor took 2 years before he has done anything - is that right?
My solicitor worked very hard on my case he had to contact a lot of people for informations etc
The problem you have is this.
You need to seek permission to appeal out of time.
You have waited from January 2012 for over 2 and a half years.
I do not think you will get permission given the time
All I want to know is it possible to appeal the decision of the high court
But you can seek permission to appeal out of time
Is it possible - yes
But you need to address the delay as it has been significant.
You have 21 days to appeal a decision
It has been over 2.5 years
Can I clarify anything for you about this today please?
what are the chances
In reality less than 10%
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 else for you?
is it worth applying out of time if i can explain the delay
You can try yes
But you have a significant time delay to overcome
solicitors do take time in pursuing a claim
Well they do yes.
But 2.5 years is quite long
what about the solicitors who represented me at the high court could the not have tried to have my case reopened instead
Well I dont know - did you instruct them? Did you provide new evidence? If not then no
They will only follow an appeal if you instruct them to
But you are where you are. Appeal out of time
Can I clarify anything else for you>?
I* asked for their advice and they said it go was professional negligence one can onlyl go on that
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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did the solicitors who represent me at the high choose the wrong option
You have rated bad service? But your question to me was can you appeal of out time?
If this was a mistake I am happy to continue
Yes the Solicitors chose the wrong option
Yes you can sue them for negligence
You have 3 years to do that from January 2012
Does that clarify?
were are you
look i am sorry if i upset you but this is a very touchy subject my wif is seriously depressed and suffers fro PTSD
I am here but I am not sitting at the computer 24 hours a day waiting for you to reply.
I replied at 11:47am. You didnt reply until 11:52am and then rated poor service at 11.52am
You have now given 2 bad service ratings despite me answering the initial question which was can you appeal out of time then your further question on whether you can sue your Solicitors for negliegnce.
What else do you want to know?
Are you able to respond?