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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8973
Experience:  Solicitor
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I recently went to court following a RTA, I lost my case

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I recently went to court following a RTA, I lost my case because my solicitor did not supply the witness statement in the court bundle so was not heard. Can I appeal the decision due to my solicitors negligence?
Assistant: Where are you? It matters because laws vary by location.
Customer: I am in Solihull, Birmingham
Assistant: What steps have you taken so far?
Customer: I have wrote to the law firm to make an official complaint
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: the court case was 3 weeks ago so im unsure where i stand

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

You can appeal to the Crown Court from the Magistrates within 21 days of sentence. It is an appeal that follows the event so you don't need to show grounds.

However, solicitors cannot just hand up witness statements unless they are agreed. Witnesses need to attend to give evidence unless the Crown agree them.

This is nothing like negligence. This is compliance wit the rules of evidence.

Can I clarify anything for you?

Jo

Customer: replied 29 days ago.
My solicitors have accepted that they have failed in their service to me!

Then they are wrong.

Can't just hand up statements unless they are agreed by the Crown.

Customer: replied 29 days ago.
I now have a full fault marker on my insurance and should I sue the solicitors form for negligence?

So this is a civil claim not a criminal one?

Customer: replied 29 days ago.

Not my area then.

I will opt out for others.

Customer: replied 29 days ago.
Ok thank you.

Hello my name is ***** ***** I will help you with this.

When was the decision made at trial?

Customer: replied 29 days ago.
3 weeks ago yesterday.
Customer: replied 29 days ago.
Hello Jamie I am Garry

Ok. The problem is you have to appeal within 21 days.

You are not outside the time limit.

But you can only appeal if the decision was unreasonable.

It was not. The evidence was not there. You can not appeal on the basis of new evidence as such.

It was non-compliance with a Court order - therefore the Judge was right not to allow it.

But you can sue your Solicitors for negligence.

You need to write and set out your losses and request compensation within 14 days from the date the letter was sent in the post, or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 29 days ago.
I had an email from the law firm to say "We take our responsibility to our clients very seriously! and for falling short in what you should expect from us I apologise. As a result we would like to offer you £150 compensation".
Customer: replied 29 days ago.
my claim was for over £3500 and now I have a full fault marker on my insurance and lost my no claims, and obviously insurance has gone through the roof!
Customer: replied 29 days ago.
Are you there?

Sorry I was in the car. What is it you want to know?

Customer: replied 29 days ago.
What I wrote in our chat? you said I could sue them
Customer: replied 29 days ago.
regarding their reply accepting they failed me

Yes and I outlined the process how to do that.

Can I clarify anything about my answer?

Customer: replied 29 days ago.
What kind of compensation would I be able to claim? or should I say a fair offer to accept from them bearing in mind the claim was approx £3500

Whatever your loss is. I think your claim of £3500 is a good start.

Does that assist?

Customer: replied 29 days ago.
thank you. I will rate you 5* now

Thanks in advance.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8973
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you