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I am a defendant in a civil claim, where the plaintiff is suing me and my former employer. This matter has been going on for 4 years because the plaintiff and First Named Defendant are unable to follow the timescales set out in the Rules of Judicature (Northern Ireland) 1980.
When I first received the Writ, I did what any sensible person would do and went to a solicitor to ask for advice, in fact I went to two as I was not happy with the advice I first received. Well anyway I was told by both solicitors to "Walk away, leave it to the FND, they will settle with the plaintiff". So with this advice and my own research I realised that employers often pay off dishonest litigants because it is cheaper for them to do so than defend a case.
If the plaintiff had accused me of something minor, I would have walked away but as she accused me of something of a extremely serious nature I could not do this. The plaintiff's previous false statements to the police and other authorities has cause me to suffer from stigma and cause significant damage to my private and family life.
As the Master has said the case will be decided on my word against hers. I have no concern about this because the plaintiff's word is worth nothing. I have multiple pieces of evidence that prove beyond a reasonable doubt not on the balance of probabilities that she lied to the police, courts and other authorities, even her own disclosure proves she lied to the police.
Well the plaintiff has just discovered an altruistic side and has applied to Legal Aid to be given permission to discontinue the case against me, as she is supposedly concerned about any hardship I may suffer if I lose the case. This is a dishonest claim, as she has shown no concern about the hardship I have already suffered and continue to suffer because of her previous false statements. I believe she is only applying to discontinue the case to avoid answering questions in court about her previous dishonest statements and lies to police etc.
I have already told the plaintiff and the court that I will be opposing any attempt to discontinue the case. I am here to ask advice on what grounds I can oppose a discontinuance? I cannot find any precedents apart from those concerning plaintiffs trying to avoid cost orders. I am a LiP and know if I had a solicitor they would advise me to discontinue the case but I want to recover my mental health which is far more valuable to me than the amount I risk paying.
When I first received the Writ, I did what any sensible person would do and went to a solicitor to ask for advice, in fact I went to two as I was not happy with the advice I first received. Well anyway I was told by both solicitors to "Walk away, leave it to the FND, they will settle with the plaintiff". So with this advice and my own research I realised that employers often pay off dishonest litigants because it is cheaper for them to do so than defend a case.
If the plaintiff had accused me of something minor, I would have walked away but as she accused me of something of a extremely serious nature I could not do this. The plaintiff's previous false statements to the police and other authorities has cause me to suffer from stigma and cause significant damage to my private and family life.
As the Master has said the case will be decided on my word against hers. I have no concern about this because the plaintiff's word is worth nothing. I have multiple pieces of evidence that prove beyond a reasonable doubt not on the balance of probabilities that she lied to the police, courts and other authorities, even her own disclosure proves she lied to the police.
Well the plaintiff has just discovered an altruistic side and has applied to Legal Aid to be given permission to discontinue the case against me, as she is supposedly concerned about any hardship I may suffer if I lose the case. This is a dishonest claim, as she has shown no concern about the hardship I have already suffered and continue to suffer because of her previous false statements. I believe she is only applying to discontinue the case to avoid answering questions in court about her previous dishonest statements and lies to police etc.
I have already told the plaintiff and the court that I will be opposing any attempt to discontinue the case. I am here to ask advice on what grounds I can oppose a discontinuance? I cannot find any precedents apart from those concerning plaintiffs trying to avoid cost orders. I am a LiP and know if I had a solicitor they would advise me to discontinue the case but I want to recover my mental health which is far more valuable to me than the amount I risk paying.
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