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Application to strike out my claim after I was given more time to respond

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  • Application to strike out my claim after I was given more time to respond

    Hope someone can help here...

    I have a case against a travel firm.

    The Defendant objected to my initial particulars of claim, stating that there was no legal basis identified, even though it is obvious what the legal case is from those POC.

    The Judge struck out the POC, and asked me to file new POC, this time stating the legal basis - he wrote "say whether this claim is in breach of contract, breach of statute, or tort." I think he wrote this because all three laws were broken, and you can tell that from reading the original POC.

    Unfortunately I am abroad and arranged for any orders to be emailed. There is a note on the Court system saying such. This order giving me three weeks to file new POC was not seen, and so I brought this to the Courts attention, having found out about the Order two weeks later than I otherwise would have.

    I emailed the Court, and after about a week, the Judge extended the deadline for me, and I got the much more detailed POC in by this new deadline.

    However the Defendant's solicitor, who is an annoyingly pedantic man, has now made a ridiculously long application to the Court to follow the original order, ignore the newest one, and have an award of costs made against me.

    Basically, I found out from speaking to the travel firm directly that he has has told them the case was struck out. When it was not.

    His application states that the original order was an 'unless order', and as I made no application to extend it, it should be followed to the letter. He then states there is no reason why my issues should be allowed/considered as an ex parte application. He goes on to make a series of ridiculous and fantastical allegations about how I MUST HAVE see the original, mailed order, using at best circumstantial arguments (as they must be because the fact is that I did not see the order until the Court finally emailed it to me), and he makes out I have been conspiring behind his back, not copying him in on correspondence between myself and the Court, and that the Court is also in on it, disadvantaging his Client and breaking all sorts of laws.

    BTW, there was only one email he was not copied in on, which was to take issue with my not being emailed the original order. I am under the impression that an email about the admin. of the case does not need to be sent to the Defendant.

    All of his incorrect assertions, in my opinion, make the application seem desperate and infantile.

    He basically thought he had been successful, when he had not been, and is now behaving obnoxiously.

    Just my opinion.

    I am not concerned about his mudslinging and conspiracy theories. They can be shown for being just that.

    And Court staff have told me that the last order would be the one that is important, and supersedes the previous one.

    But this man is demanding I immediately withdraw my claim so to "reduce the costs awarded against me."

    This is after I already discontinued my claim once and started it again, on his insistence, because the parties name was ever so slightly incorrect.

    I think the man is a professional gaslighter and believes he can bully me (and the Court) into doing his bidding, using an avalanche of rules and technicalities.

    It is also a reaction to my detailed POC, which demonstrate that I have a significant case to answer.

    Wanted to find out your thoughts, people of Legal Beagles.

    And also wanted to ask how I should approach the mans conduct, and how to highlight it, for the Court to be made aware of.

    Also, as I oppose the application, I want to claim costs, for my time, etc, as this application is so demonstrably ridiculous and unreasonable.

    EDIT: Also, it would be helpful to know whether I need to respond to this with a witness statement, etc, or just speak on the day.
    Last edited by Drew32; 10th July 2021, 06:23:AM.
    Tags: None

  • #2
    Hi Drew32

    The SRA has a Code of Conduct, https://www.sra.org.uk/solicitors/st...ct-solicitors/

    1: Maintaining Trust and Integrity.

    You could lodge a complaint against the solicitor if you feel you have the relevant evidence.

    Comment


    • #3
      Can you post up your amended pOC?

      Comment


      • #4
        Originally posted by echat11 View Post
        Hi Drew32

        The SRA has a Code of Conduct, https://www.sra.org.uk/solicitors/st...ct-solicitors/

        1: Maintaining Trust and Integrity.

        You could lodge a complaint against the solicitor if you feel you have the relevant evidence.
        Surely you can only complain to the SRA about a solicitor if you are a client of that solicitor?

        Comment


        • #5
          One does not have to be a client of a(ny) solicitor to make a complaint to the SRA about a solicitor.

          Comment


          • #6
            EDIT: Also, it would be helpful to know whether I need to respond to this with a witness statement, etc, or just speak on the day.

            Comment


            • #7
              It seems to me that you are focused on your opponent's legal representative's conduct, rather than on winning you case. It is certain that the SRA will not get involved in allegations of misconduct against a solicitor representing your opponent in proceedings as it takes the position that such misconduct is a matter for the court.

              It seems from your writing that your opponent's representative has challenged the court's order granting permission for you to to file amended particulars of claim and the grant of an extension of time to do so. He is entitled to do that and you are entitled to oppose that application.

              If you seek advice on how to oppose that application, which seems to be a strike out application, which is your immediate task, you will need to post up on here that order, your amended POC and and your opponent's rep's writing - the grounds of challenge to the court's order granting permission to amend your POC and extension of time to do so..

              A witness statement is your evidence in chief - exhibits to it is how documentary evidence is submitted. At this stage, you have complied with the court's order to file amended particulars of claim. You do not file any witness statement at this stage regarding the claim itself.

              If you seek advice on here about the strengths and weaknesses of your claim, you will need to post up you amended particulars of claim and any defence to the claim that has been filed.

              Comment


              • #8
                You will need to supply a WS when directed by the court.
                The WS is your evidence, you can't just rock up on the day to say your piece!

                Suggest you have a read of this https://www.judiciary.uk/publication...-civil-221013/

                Comment


                • #9
                  Okay. So not at this stage in response to this application? I can just make my case on the day?

                  Comment


                  • #10
                    SRA will only look into complaints about a solicitor you appointed not another persons solicitor, there was going to be a proposal few years ago into the possibility of SAR looking into conduct reported etc of solicitors not appointed by you, never ever heard any more since then, all I got was go to law society who stated go to SAR, who said go to fred down road who said hard luck go to legal ombudsman then SAR etc etc:- MPs waste of time told to go to SAR. so that is the state of the so called world (NOT) class legal system.

                    Comment


                    • #11
                      Originally posted by MIKE770 View Post
                      SRA will only look into complaints about a solicitor you appointed not another persons solicitor, there was going to be a proposal few years ago into the possibility of SAR looking into conduct reported etc of solicitors not appointed by you, never ever heard any more since then, all I got was go to law society who stated go to SAR, who said go to fred down road who said hard luck go to legal ombudsman then SAR etc etc:- MPs waste of time told to go to SAR. so that is the state of the so called world (NOT) class legal system.
                      Under the SRA's Code of Conduct, they will look at all complaints regardless of whether one is a client or not. Chatted with SRA today they confirm that is the case. It defeats the object of having a Code of Conduct if only clients (of solicitors) could complain about solicitors, as the SRA ultimately regulates the industry as such.

                      Comment


                      • #12
                        Originally posted by MIKE770 View Post
                        SRA will only look into complaints about a solicitor you appointed not another persons solicitor, there was going to be a proposal few years ago into the possibility of SAR looking into conduct reported etc of solicitors not appointed by you, never ever heard any more since then, all I got was go to law society who stated go to SAR, who said go to fred down road who said hard luck go to legal ombudsman then SAR etc etc:- MPs waste of time told to go to SAR. so that is the state of the so called world (NOT) class legal system.
                        Yes - that's what I thought the position was, but others are certain we are wrong.

                        EDIT: Just looking at the SRA website and its complaints section, there appears to be nothing there to suggest you can complain against a solicitor if you are not their client - unless you are a creditor and they are refusing to pay you. It's all about complaining against "your" solicitor and references to the complainant being the "client".

                        Is it definitely the case you can complain to the SRA about any solicitor - even if you aren't a client? (Quite happy to be shown to be wrong.)

                        Otherwise the SRA would surely drown under a tidal wave of complaints from (1) disgruntled litigants complaining about the conduct of their opponent's solicitors and (2) anybody who has ever recived a solicitor's letter. The SRA would be absolutely inundated and cease to function...
                        Last edited by Manxman; 15th July 2021, 13:06:PM.

                        Comment


                        • #13
                          You need to look at SRA's code of conduct (https://www.sra.org.uk/solicitors/st...-conduct-solic)

                          The code requires certain standards of behaviour towards the courts, their clients and OTHERS.
                          My solicitor once recommended to warn a third party solicitor that their bullying behaviour & their uttering of misleading statements and threats would be reported if it continued.
                          I warned them, and they suddenly became polite!

                          Comment


                          • #14
                            This is edited, I spoke to the SRA, this morning, I was going to email, but tried my luck with chat.

                            You are now chatting with XXXXX in the Professional Ethics Team. How can I help?

                            You at 9:10, Jul 15: Hi XXXXX

                            You at 9:10, Jul 15: The SRA has a Code of Conduct

                            You at 9:11, Jul 15: Who can complain under that Code of Conduct?

                            XXXXX at 9:12, Jul 15: Hello? Are you a solicitor? Anyone can complain to the SRA about a solicitor's conduct. More information is available here: SRA | Problems with law firms and individuals | Solicitors Regulation Authority

                            You at 9:12, Jul 15: XXXXXXXXXXX

                            XXXXX at 9:13, Jul 15: Okay - this webchat service is for solicitors only. If you need any more assistance, my colleagues in the Contact Centre will be more than happy to help. Please contact them on 0370 606 2555. Or, you may wish to complete the Contact us form - the relevant department will be in touch.

                            You at 9:13, Jul 15: I just wanted clarification on that, so you don't have to be a client to report a solicitors conduct?

                            XXXX at 9:14, Jul 15: No, you do not - I can confirm that much.

                            Comment


                            • #15
                              Originally posted by des8 View Post
                              You need to look at SRA's code of conduct (https://www.sra.org.uk/solicitors/st...-conduct-solic)

                              The code requires certain standards of behaviour towards the courts, their clients and OTHERS.
                              My solicitor once recommended to warn a third party solicitor that their bullying behaviour & their uttering of misleading statements and threats would be reported if it continued.
                              I warned them, and they suddenly became polite!
                              I can't get that link to work...

                              Returns "Page not found Error 404" ?

                              Comment

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