Solicitor refusing to allow access to file

[andydub]

I am currently in litigation against a former solicitor, who i believe has acted negligently whilst representing me.

The solicitor has maintained that the agreed contract solicitor/client (retainer) was based on that contract being funded by legal aid.

I have raised doubts to the legitimacy of the contract because Legal Aid have no trace of such funding being used???

I have therefore invited the solicitor me the opportunity to proof the CW1 form that would be evident and within my files by visiting his firm for sight of that document, if one existed.

He is refusing, is this a breach of Data Protection as i feel that he as a solicitor, cannot determined what evidence he considered relevant which would include any that discriminates him, for not having a legitimate contract in place as to legally represent a client.

Any help would be appreciated, because i feel this solicitor is making the rules up when it suits him.

[R0b]

Re: Solicitor refusing to allow access to file

Do you have your own solicitor on this or acting yourself? Have you sent a Subject Access Request already? If you haven't then I would not suggest you do this as the purpose of a SAR is not a fishing expedition with a view to potential litigation. The correct route to take would be a pre-action disclosure application to the court for an order by the court to compel the solicitor to provide the retainer within a stipulated time. It will cost you the application fee of £255 unless you qualify for a fee remission but if the conduct is that he is simply refusing to comply then you would more than likely get the costs of those fees back.

[andydub]

Re: Solicitor refusing to allow access to file

Thanks for that, appreciated,

I have requested this information after initially reporting it ICO, who advised like you have.

I telephoned them yesterday (ICO) and explained that the solicitor and his legal representatives have said that they are not prepared to disclose.

The ICO have now requested proof of this, which i have sent and are now going to investigate, accordingly, they are in agreement that i have followed protocol and the solicitor should have proofed the retainer, contract.

Problem that i have got, is that the court who is dealing with their application to strike out my POC will not be aware of this.

I am acting as a Litigant in person, a fact the other-side are trying to act on.

[R0b]

Re: Solicitor refusing to allow access to file

I see, so when did you issue your claim and what were your POC, could you post it up? What is the reason why they want to strike it out, poor pleadings or?

[andydub]

Re: Solicitor refusing to allow access to file

Poor pleading's, which were issued in the High Court, and issued under multi-track claim.

Pleadings are fine and set out the reasons why i am alleging negligence.

Somehow the otherside have managed to transfer to County Court

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Do you have your own solicitor on this or acting yourself? Have you sent a Subject Access Request already? If you haven't then I would not suggest you do this as the purpose of a SAR is not a fishing expedition with a view to potential litigation. The correct route to take would be a pre-action disclosure application to the court for an order by the court to compel the solicitor to provide the retainer within a stipulated time. It will cost you the application fee of £255 unless you qualify for a fee remission but if the conduct is that he is simply refusing to comply then you would more than likely get the costs of those fees back.

Would such application be listed on N244 form, thanks.