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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 am unable to read and write, what concessions must a court

Customer Question

I am unable to read and write, what concessions must a court allow me as a defendant in a civil case?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What type of of claim and what is the value?
Customer: replied 2 years ago.

Dear Alex,

the Claim was for in the region of £700K, the court has given in favour of the claimant at just under £1 million. (I have a friend writing the questions for me as I do not read and write) i have had problems with Council not acting on instructions and missing opportunities to appeal at every stage of this and the pre-ceeding case, the result is a total loss of my property and livelihood, which is catastrophic

Expert:  Ash replied 2 years ago.
Your own Counsel? Did you have a Solicitor?
Customer: replied 2 years ago.

both my own counsel and my own solicitor did not follow my instructions and gave advice which contributed to the court finding against me and my sister

Expert:  Ash replied 2 years ago.
When was the hearing?
Customer: replied 2 years ago.

The court judgement being made absolute was on 10th June, the previous hearing was in March this year

Expert:  Ash replied 2 years ago.
Ok. If you were represented, what concessions do you say the court should have made?
Customer: replied 2 years ago.

I am asking if there are any special considerations afforded to people who are unable to read and write as they are at a significant disadvantage even if they are represented. This is the second case that has resulted from a solicitor error, which has been compounded by further solicitor errors, which I do not believe would have happened to someone who was able to read the documents themselves, I have to take everything on trust and it seems that I have been mistaken in trusting both solicitors and councel.

Expert:  Ash replied 2 years ago.
Have you appealed that latest decision which you are unhappy with?
Customer: replied 2 years ago.

Yes the appeal was also on 10th June, the Judge said I could not appeal as to make an appeal would put the claimant at a financial disadvantage as the appeal would divert my funds from the claimant.

Expert:  Ash replied 2 years ago.
Ok, so was permission refused?