Particulars of claim

[blondelady]

I am taking court action to sue my barrister for negligence regarding her advice in a financial divorce hearing.

I have sent the particulars of claim to the court and have received the acknowledgment of service and received a copy of the defence. I am awaiting the questionnaire from the Judge.

I received an email from the defendants solicitor stating that they required more information so I sent an addendum to add to my particulars of claim. I have now received an email stating "

It is our view that the draft APOC is deficient and unhelpful. This is because the new document still does not disclose grounds for bringing a claim which has any real prospect of success and we will oppose any application you might make for permission to file and rely on the APOC as some kind of addendum to the original particulars of claim. More particularly, there is no link between what duty you say was owed, how that duty has been breached, what you would have done absent the breach, what any third party would have done (i.e. the court and/or your former husband) and what loss you say you have suffered. These are fundamental issues and questions that run through many professional negligence cases.

I believe I have set out all of these details in my particulars of claim. I do not know what else I can add to make it more helpful. Can anyone advise me how to make it less deficient and more helpful to explain my case.

Should I try and compile another particulars of claim, or wait to see what the Judge asks for in his questionnaire?

[CLL1]

It simply sounds like you have not properly set out the particulars of claim - can you copy and paste a redacted version so we can see what we're working with?

At present, there is a risk that even if you have a good claim, it may not succeed.

[blondelady]

Please find attached my particulars of claim, these were included with my claim form. My losses and a brief explanation were on the form, which I have not attached, but basically I attended a financial divorce hearing and my barrister would not give me details of the settlement. I became extremely distressed as I was unable to make an informed decision and she advised me I lacked mental capacity and if I did not sign the order I would need a capacity assessment. I did have an expert medical report in the bundle stating I was a vulnerable adult and was unable to make decisions under stress.

Could anyone advise me what is wrong with my particulars of claim.

[R0b]

Pretty much everything is wrong with it.

Particulars of claim are a concise statement of facts setting out the background to your claim and the cause of action, which in your case professional negligence.

From what I've read, all you've submitted is an outline of the legal requirements for negligence and case law. That is not what Particulars of claims are used for. S

[blondelady]

Thanks for your reply.
Apologies but attached was the addendum to Particulars of claim.
The defendants solicitor has requested a much more in depth POC so what I attached was the addendum, adding as you say all the laws etc
The court at present have accepted my consise statement. There is to be a case management hearing. Will I be advised at this hearing as to what exactly is required?
Their defence is that at no time was my capacity doubted, but the transcript states I had lost my mental capacity. Will I get a defence in relation to the transcript?