Letter of reconsideration to a Judge

[Yupyup]

Am I allowed to write to a Judge directly?

I'm very unhappy about a ruling and don't want it all reconsidered just parts of it, I can't appeal because I don't have the money and am worried if I lose it'll be worse for me financially.

I've been looking at how I can have this partially overturned and one of the options that came up is to write directly to the Judge, a 'letter of reconsideration', I say partially because the Judge was correct in parts of his ruling, but because on my side everything was last minute and wasn't prepared and didn't have the correct info to hand to show things weren't as they seemed.

Can anyone advise me on this please?

[R0b]

First of all, if you write to a judge, you should also be copying in the other side too. Second, if you don't like any part of a judges' decision then the correct process is to appeal, you don't get a second bite at the cherry by asking a judge to re-consider their decision.

If you weren't prepared for the hearing, then the blame would lie with you and you should have given yourself time to prepare. If for some reason you did not have sufficient time, then you could have sought an adjournment.

Short answer, no you can't just send a letter of reconsideration and you should follow the correct process which is to appeal. If you don't have the sums, have you considered whether you are entitled to a fee remission?

[Yupyup]

Thank you Rob.

I'm receiving legal aid yes but because I can't afford to choose my legal advice I'm left with what I get on legal aid.

I repeatedly asked my solicitor to amend the current proceedings but he wouldn't, saying he doesn't get paid enough by legal aid. So in desperation I took out a separate injunction application to deal with the issue at hand without going too much into the previous case to save time and costs, as that was already being dealt with. My solicitor didn't act on it till late and I asked for it to be adjourned when he couldn't find a barrister within a days notice but he said no I couldn't do so at this stage.

So we went in with a last minute barrister, great guy but he had no time to prepare and wasn't given all the paperwork by my solicitor and hence didn't have much to go on.

The other side was prepared and made ridiculous allegations that I was 'abusing the process' by filing another case when I could have amended the other, Judge agreed and went in their favour striking it out and I was left with a CCJ for their costs.

I've no issue with the judgement, the Judge was correct, I had been saying the same thing to my solicitor for ages. What I want to appeal is the judgement that I 'abuse of process' and the CCJ. I did not abuse the process I had exhausted all other avenues before taking out the further injunction application, the other side grossly misrepresented what had been happening. And therefore I do not feel there should be a CCJ against me for trying to stop these people from what they are doing to me.

From this do you think it would be appropriate for me to write to the judge in hope that with this further info the ruling could be adjusted?

If I appealed is there a chance I could be laddled with further costs?

[R0b]

Well, I cant comment much on your case but this is what happens when those with no legal knowledge and/or those who dont read or understand the legal system decide to take things into their own hands. Abuse of process sounds about right and it also sounds about right that you should have amended the claim and not issued a separate application - that is an abuse of process.

By all means write to the judge but dont expect to get very far other than being directed to the correct process.

Yes you could be liable for costs on appeal.

[Yupyup]

I get what your saying but my point is exactly that, that I've no legal experience and was given the wrong advice by those who do is no fault of mine. Surely justice isn't only for those who've studied law and are familiar with the correct procedures, or for those whom have the money to pay someone whom does?

Also what exactly does abuse of process mean? It sounds awful like I did something horrible and am an abusive person, Google search says the same thing, which I'm not.

But I was told it just means I didn't file something correctly and doesn't mean anything negative about my character, I'm confused which is it?

This ruling has really stressed and discouraged me. The guy I've taken on is an abusive person whom has been mistreating people for years and I'm the only one who fought back, I never doubted I'd win because I'm telling the truth, he is not. Yet now it feels like the truth doesn't matter and if he can afford a better legal representation he will win regardless of the facts.

[R0b]

Everyone who uses the court system has to abide by the same rules. The fact that you have no legal knowledge or understanding does not mean you then get special treatment; there is no two-tier system where there is one set of rules for those who are legally trained and another set of rules for those who aren't.

The civil court system is governed by the Civil Procedure Rules and for the most part, that is your starting point, and Google is the next. There is plenty of information given out by law firms on practice and procedure you just need to do a little research.

Abuse of process is a term for a number of things, for example, where the court system is used for an improper purpose, where somoene issues a fresh claim that has already been litigated on or vexatious claims. It is not something about your character or you personally.

I appreciate you were on legal aid and lawyers have a duty of care to ensure that they act inthe best interests of their clients. If they don't you can make a complaint to the law firm and follow those procedures or if it is sufficiently serious, then you may have a professional negligence claim against them.
The civil system is based on a balance of probabilities so you have to tip the scales 51% in your favour and yes sometimes that does mean those who can afford very good representation will have a good chance of defending a case against them. If you aren't successful in court, then you could try other means such as the police or trading standards, depending on the circumstances.

Rightly or wrongly, it might feel like the truth doesn't matter but everyone has a right to be heard so long as you follow the correct court processes. If you don't, then don't expect the courts to assist you. Regardless of whether you think you are right, the defendant is still entitled to defend himself against any actions that might be considered an improper process of the court procedures.

Sounds to me that you are suggesting that your legal aid lawyer isn't acting in your best interests or doing all that they could to asisst you in which case you may want to raise a formal complaint and follow the complaints procedure as a starting point.

[Amethyst]

Abuse of process does just mean the court procedures werent followed correctly - as you know, it should have been an amendment / addition to the live proceedings rather than a new separate application - hence there was no need for a separate hearing / process - which is why the costs of that were awarded against you. Nothing on your character at all.

You could complain to/about your solicitor - but it's unlikely to come to anything as he didn't advise you to file a separate application just refused to apply to amend the live application. There ( hopefully ) may be other reasons for that than simply cost( amendment application would be £255 but you get fee remission so would 'only' be his time in drafting the application. Which as it happens would have cost less than the last minute barrister that was eventually needed because of it. )

How much were the costs awarded ? Did your barrister try to argue for them to be held until the outcome of the live case ? ( as an entirely separate case that would have been a long shot ) Was it standard 14 days payment ?

Also have you now applied to amend the live claim to include the additional reasons for injunction ? Or is it too late for that ( ie have the other side done whatever you were trying to get the court to stop them doing already )?

Is this about the cctv installation in communal areas at the HMO you reside at ?


Edit: or as Rob says - I type far too slowly xxx

[Yupyup]

Thank you Rob. Thank you Amethyst.

The word 'abuse' is very confusing, that's what distressed me most. I'm very relieved to hear it's not something on my character and just to do with the way I initiated the application. The barrister said as much but I wasn't sure if it was just to make me feel better as I was crying at the time I couldn't believe what had just happened.

Amethyst no he didn't argue about the costs at all, I wish he had but having said that I can't complain at all about him because he was truly a great person and tried his best given that he had next to no preparation time, nor any familiarity with the case. He tried to get what info he could from me in the short time prior to the hearing but I was late too which didn't help, he was also very supportive after the hearing when he saw how distressed I was, he's a real genuinely good person and now I understand more clearly why the case was struck out I've no doubt nothing he could've done would've prevented that.

Rob I understand it's same rules for everyone and I wasn't looking for special treatment, but I think the primary interest of justice should overrule minor clerical errors on the part of applicants whom have no knowledge of the admin side of the legal system and can't pay to consult someone. For example if they fill in the wrong application then they should be sent back to fill in the correct one instead of dismissed completely etc. Some things really are hard to find even with all the online resources and some people may not even know how to use a computer, if they're elderly etc. One of my harassers signed an undertaking and I tried to apply for committal but couldn't find the procedure online for months despite googling every possible term for the correct form.

I myself have remained ignorant to the legalities of forms because I had a solicitor but now I realise I'll have to educate myself if I'm to have a chance to hold my harassers accountable. I've been given wrong advice and not properly informed about things. Like at the hearing I heard the word CPR, I don't mean to sound dumb but I always thought that a medical term and never heard it in the context of a law term. My solicitor didn't act on it till late even when I told him it's time sensitive and when he did he said there's a 60-80% success rate, he also at no point said I could include that in the committal application instead taking out a new one. When the defendant sent their statement the day before the hearing the solicitor did forward it to me but at no point mentioned it contained 'abuse of process' so I didn't read it and wasn't prepared at all for that, I didn't hear that term until I was at the court. Solicitor only mentioned that the defendant mentioned I did not serve the documents properly and we wrote a brief statement explaining that I did and when and how they were served etc, at no point did he bring up the other more important contents of the statement therefore I didn't pay attention to it, I should have read it then I could have responded properly and been better prepared.

Amethyst it's still not been amended no, I did ask him to but he's ignored me. I also asked for help with a committal but he submitted the wrong application to legal aid and now I have to do it myself because the undertaking is about to expire and if I wait for him to make a fresh application correctly I won't be able to apply at all and I fear once the undertaking is expired the harasser will get worse and they've breached it numerous times already. cause I'm worried if I do it'll make things worse, he is better than the old solicitors however and he was brilliant to start with but now I feel he really doesn't like the legal aid rates as he complains about it all the time. I've had to start communicating with the defendants solicitor directly regarding issues in the house despite an earlier judge saying to communicate between solicitors, because solicitor said he can't continue to do that due to not having enough funding, tho he is continuing to communicate all court matters with them. I've come to the conclusion to just switch, I will look for another solicitor in the meantime.

Amethyst yes it was for the CCTV, I thought I could have it removed on the grounds that it goes against data protection and my human rights, which it does, but I didn't apply the correct way and am still under surveillance

[R0b]

I completely understand where you are coming from and the legal system is by no means perfect however you still have to follow the rules. For the most part, the courts are prepared to find justice in favour of parties trying to gain a tactical advantage over some error or non-compliance which is considered trivial. However, you issuing a fresh claim because your lawyer refused to include it as part of the claim is not a mere clerical error.

The courts have no idea whether a person has completed the wrong application because they just process it as if it is correct and it is then up to the defending party to take issue with it. It is not their job to carry out due diligence on the application and if it is the correct one, that should be up to the party making the application.

I understand it can be difficult to know all the procedures and even the professionals still get it wrong time and time again so don't think it's just those who are not legally trained. The CPR is the civil procedure rules which are the governing rules for the civil legal system which the courts follow so if there's something you want to make an application for, it's probably going to be in there somewhere albeit something are not as easy to understand - there are also criminal procedure rules so don't get them mixed up. The abbreviation CPR is for civil rules whereas CrimPR or similar is used for the criminal rules.

Anyway, I would just like to remind you about my earlier post in that if you feel your legal aid solicitor hasn't done enough then you can follow the complaints procedure. It is part of a solicitors code of conduct that they must act in the best interests of their client, and that would include ensuring they do what is necessary to protect those interests within the confines of the justice system.

I'm not a legal aid expert but if you keep switching lawyers it may be that the Legal Aid Agency might refuse you any more funding. Out of curiosity, is this lawyer from some local high street practice or is it a city centre type firm?

[Yupyup]

Thank you Rob.

I'd complain but I feel that would make matters worse, and as I'm legally aided funded I don't want to upset him because I'm worried with all the dates so close I'd be unable to find another so quick as a transfer takes time.

Also he isn't bad he's actually really good and a huge upgrade from the last one, I just feel like he's changed since he took over the case, in the beginning he was enthusiastic and professional I was completely happy with him, but lately he's complained numerous times that he doesn't get paid enough by legal aid which makes me feel underappreciated and irritated as I feel if a solicitor accepts legal aid they shouldn't complain about the rates, I've actually bought them work and feel complained about, they are helping me but they are also employed and getting paid so shouldn't feel upset with the money if they accepted it it's not fair on me to hear that. He's also started ignoring some questions and backtracking on what he originally told me. Also I feel he didn't act fast enough with the current struck out one and then rushed it and didn't explain everything to me properly, I feel like I can't explain that to him because he's not thick skinned if I mention anything he may not have done properly he won't take it well.

And I was right, I bought up some files I didn't have a copy of which I had been asking for, and if he could give me them as I feel it's important I see them so I can see if the other side have made any allegations I can prove wrong with evidence I have, because one statement I wasn't given till I repeatedly asked for contained things I could easily have proved false if I had gotten it on time but didn't, luckily the trial was adjourned so I have time to do that now. He does normally give me everything and keep me fully up to date but where he hadn't I bought it up and he took it personally strutted off in a huff put the entire files in front of me and said I was accusing him of withholding things when he wasn't, when I had done no such thing, he also didn't close the room door when he returned because he was busy being offended and people outside in the waiting room could hear I nudged the door closed and told him i didn't want people hearing my personal business but he seemed oblivious and I hadn't realised the door wasn't fully closed and when after a while we left some guys, employees I think were sitting outside and I could see they heard everything, made me feel horrible and why were they congregated outside made me feel like a criminal just for asking for some files and he blew the whole thing up. Voices were raised yes but that's because he kept saying I was accusing him of this n that, and I was telling him to not put words in my mouth and no need to use words like 'accuse' I had done no such thing just requested files.

So as you can see I'm legally aided funded and don't have a choice because I'm sure I private paying client would neither have been treated like this nor stayed. I'm going to stay with him for now because I don't have a choice as I'm also worried LAA might stop the funding altogether which you mentioned, the dates are simply too close for another transfer to be successful in time and there's no guarantee the next one will be any better, having said that this guy is actually far better than the last on the whole. I've only transferred once before.

Not sure what type firm, I can't name so I can retain anonymity for them and myself but I think it's both, it's a high st type but they have another office in another location so probably city too.

I appreciate solicitors are just there to do the legal aspects of their work but I wish they would also realise behind the cases they are dealing with are real people and when it's a harassment case and their clients are being harassed daily by the other side it doesn't hurt to bear in mind to be a little kinder and not take everything so personally and stress then more, also they should bear in mind legally aided funded clients don't always have choices and could be hesitant to say anything to offend their solicitor so to be less offended and listen to their client and not make them feel horrible just for bringing up a question they had already asked and reproached.

I really just feel like stopping the fight and dropping the whole case. But if I do I've nowhere to go I'm broke and these people whom have ruined my life will end up finishing what they started and I'll never get to expose them and hold them accountable, it's a horrible situation that's dragged on too long and I've lost hope.

[GBExile]

Someone tell the OP that unless they cough up the court fees then they have no hope at all.

They haven't got a chance in hell

[Yupyup]

Hi Gbexile thank you for your input. As the OP that's discouraging to hear, may I ask what brings you to that conclusion?

[GBExile]

Hi Gbexile thank you for your input. As the OP that's discouraging to hear, may I ask what brings you to that conclusion?

OK


If you read post number 9 again it should help you understand.

The court process would grind to a very quick halt if they allowed zero fee appeals by applicants who made mistakes.

& I am sure they will not make an acception just for you.