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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 had a solicitor who took on my claim negligence

Customer Question

I had a solicitor who took on my claim for clinical negligence under a legal aid certificate which took nearly a year to put in place as the solicitor send wrong forms to legal aid and completed them wrong, delayed forwarding them in time and having to do repeat processes. Despite he had knowledge of many comments of cauda equina condition and tests to prove this and a private spine specialist confirming an obvious spinal injury he stated the case did not have merit.He received £4500 for just legal aid claim.
He told legal aid that it was not worth spending public money on medical reports as the case did not high chances of success. Legal aid was cancelled. I asked for an appeal and he thought that would not happen.Legal aid at the last hour said there was merit in my case and some mileage to go. He did not get any medical reports even though he said he had one waiting to go with and sent information to legal aid saying there was no evidence of injury and not worth spending endless amounts on lots of medical experts as the prospects were low. He declined to mention my obvious spinal injury diagnosis only pick out negative aspects and told me the case had ended.
I advised him I had a new solicitor and he contacted them to say the certificate could be easily transferred.
I then am told the certificate was not transferable. I have since discovered that Legal Aid told them that under the confidentiality provisions contained within section 20 of the Access to Justice Act 1999 the certificate was not live and not able to give them any information regarding the certificate and a fresh application would have to address LASPO
and unfortunately would be out of scope.
I have contacted legal aid and they will not tell me who cancelled my certificate and say the account has been paid and they have no details anymore on file.
In the transport of my file from my solicitor to my new solicitor my files went to a legal costing company, These private and confidential medical records were taken there without my permission and I dont know why they got there. The first solicitor says he does not know anything about it.
Can you clarify what grounds my legal aid was cancelled on.
What is LASPO
Do I have rights to know where my private medical notes are and who has access to them and who cancelled my legal aid. We have seen brief files that indicate a barrister (originally acting on behalf as claimant) cancelled to support the defendant.
Do Legal Aid have to keep files for audit purposes and can I access them.
What is Legal Aid (6.35) in London.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did this happen?
Customer: replied 3 years ago.


This was november 30

Customer: replied 3 years ago.

I originally applied for a legal aid certificate in January 2013..The solicitor took over 6 months to get it constant delays and completing wrong paperwork and the time delay meant he had gone beyond time allowed and the process had to start again. once I received it he began working for me.He had an initial information sheet in house when my son contacted him. I told him from the beginning the details were not correct and it needed altering and then he said it was ok and just for in house. Then he stopped legal aid stating I had told him wrong information on the in house sheet and said there was no evidence of medical issues which I had stated. This was false as there was information to the contrary of a condition of cauda equina and my private specialist saying obvious spinal injury. I asked for an appeal and said he had done no medical expert reports . He did not think an appeal would win but it did so and stated he had a medical expert ready to go if my certificate was reinstated. The appeal won. He then after finding difficult to speak to him and he did not answer phone calls or emails and stating it was a waste of public money. We decided to go to a new solicitor who did legal aid and he believed the certificate may be reinstated. They then wrote to say it was a waste of public money for endless reports from lots of experts.

The next solicitor found it was stopped under sect. 20.He never sought medical expert advice.

My son collected my files to send to a further solicitor under a CFA agreement. He had the files overnight and found that there was a brief file from chambers stating that I should never be allowed legal aid as it was a complete waste of public and should never be allowed now or in the future. I am in critical care pain clinic and in constant pain especially on sitting or standing,November 2013 my legal aid was stopped.

Expert:  Clare replied 3 years ago.
What is happening with the current solicitor?
Customer: replied 3 years ago.

WeAre taking the case ourselves and self representing.Thanks. Sally

Expert:  Clare replied 3 years ago.
Do you have a copy of the Certificate that was actually granted to start with?
What is the limitation listed on it?
Customer: replied 2 years ago.

I had a certificate pre changes to lapso act. I am aware as from the 31st march 2013 legal aid was stopped for clinical negligence.

I received a letter from legal aid dated 16th april 2013 received two weeks later to coincide with the easter break so the office was closed. When it reopened I requested an extension to appeal.

My solicitor said he did not expect I would recieve it but I did.

I was reinstated as a live certificate and the solicitor was told that the legal aid case worker felt there was still mileage to go as I had quite serious injuries. I am confused as to why it was stopped under lapso rules. Can you explain please as this is for serious offenders act? Act 6.35 quoted. Help please?

Expert:  Clare replied 2 years ago.
That is simply the Act which changed Legal Aid
What was the Limitation on the Original Certificate