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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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As an unrepresented claimant in civil proceedings, I object

Customer Question

as an unrepresented claimant in civil proceedings, I object to the barrister for the other side, as he has previously misled the Judge on 2 occasions. Complaint to BSB led to closing of ranks and them refusing to look at the evidence in 2 instances (i.e. incl complaint about the first decision)
I have written to the Judge, incl comment that a very quick decision to change the date of trial to accommodate this barrister may have been an administrative error/crossed in the post; not heard back and also said that judicial review of BSB may be be considered; trial is now 7 days away. Is there anything I can formally do (without moving trial date).
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but these facts are not grounds to move the trial date and the Judge has no power to act against the barrister.
Please take it from me, the BSB do not close ranks. Quite the reverse. If they have dismissed the complaint then rest assured it was properly considered. It is rare that they dismiss complaints without consideration.
In any event, these are matters for the BSB not the Judge.
Can I clarify anything for you?
Customer: replied 2 years ago.
I am sorry,you have not seen the evidence sent by BSB; I don't think you can comment in this way
Customer: replied 2 years ago.
I did state that I wanted a way without moving the trial date - so you must have speed-read my query, given the way you answer.
Expert:  Jo C. replied 2 years ago.
Ok. Good luck.
Customer: replied 2 years ago.
I became a whistleblower in the NHS 5 years ago. The claim is the fallout. BSB did not even look at the evidence and admitted as much - despite the Code of Conduct for Barristers clearly saying you have to put the interest in justice over the interests of your clients. How does misleading the Judge fit in with that? And when you are confronted in the following hearing you lie about the complaint. How does that fit?
The BSB person (lay) responding to my complaint did not even bother to paraphrase my complaint correctly. So what ? Is it worth a Judicial Review after the end of the main matter?
Customer: replied 2 years ago.
Judicial Review of the BSB performance, is what I mean here.
Customer: replied 2 years ago.
And how can it be a fair trial, already without equality of arms with me being unrepresented, when the other side's rep does not have any ethical compass at all (which is the only conclusion I can come to after the 2 incidents)? How do I counter his performance in trial, given that I have no training in dealing with cross-examination?
Expert:  Nicola-mod replied 2 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 2 years ago.
I have submitted my complaint about the partly wrong unjustified, partly misleading answer by Jo C, requesting a refund of 30£ as Jo C did not respond when I gave her the chance to improve to full satisfaction as it says on your template. Any further discussion (instead of a refund) would therefore have to be on the basis Jo C offered it, per your format - i.e. free until satisfaction reached.