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Solicitors Deleting Files

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  • Solicitors Deleting Files

    Hi
    My partner was taken to court in 2016 and unanimously acquitted.

    He was then arrested again in 2018 for something similar, and the person who took him to court in 2016 had been phoning the person who had him arrested. Long story short... First trial of 2018 allegation was hung jury, 2nd trial his solicitor swapped out his barrister and he had 1 hour with his new barrister pre trial... The so called victims changed their story, and his barrister couldn't defend as she had no clue as to what had been said in the first trial.

    She then decided he had no grounds to appeal and since then his solicitors have stone walled us, taking no responsibility.

    I have requested the files from the case in 2016, as the "victims" in 2018 tried to support, but were thrown out by the judge as they'd never complained to police.... It then took them a further 2 years to go to the police.

    I am looking for the evidence of what they said in 2016. The CPS won't provide it, and now his solicitors are saying they destroyed the file Dec 23, just 2 weeks before he went to court again for the 2018 allegation.

    How can I access statements given to the police back in 2015/6, or evidence the CPS must of provided when trying to bring the witnesses to court in 2016?
    Tags: None

  • #2
    Hi POPPIT73

    Welcome to LB

    I would contact the ICO, they have an online chat facility -

    https://ico.org.uk/global/contact-us/

    Depending on what the ICO says regarding the data protection protocols in your situation you could send a Subject Access Request, make sure you get Proof of Postage -

    https://legalbeagles.info/library/gu...ccess-request/

    Comment


    • #3
      Many solicitors destroy files 6 years after they have been closed. This firm's policy may well have been explained in its file closure letter.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Originally posted by Poppit73 View Post
        Hi
        My partner was taken to court in 2016 and unanimously acquitted.

        He was then arrested again in 2018 for something similar, and the person who took him to court in 2016 had been phoning the person who had him arrested. Long story short... First trial of 2018 allegation was hung jury, 2nd trial his solicitor swapped out his barrister and he had 1 hour with his new barrister pre trial... The so called victims changed their story, and his barrister couldn't defend as she had no clue as to what had been said in the first trial.

        She then decided he had no grounds to appeal and since then his solicitors have stone walled us, taking no responsibility.

        I have requested the files from the case in 2016, as the "victims" in 2018 tried to support, but were thrown out by the judge as they'd never complained to police.... It then took them a further 2 years to go to the police.

        I am looking for the evidence of what they said in 2016. The CPS won't provide it, and now his solicitors are saying they destroyed the file Dec 23, just 2 weeks before he went to court again for the 2018 allegation.

        How can I access statements given to the police back in 2015/6, or evidence the CPS must of provided when trying to bring the witnesses to court in 2016?



        hate to be the bearer of bad news but the answer is you can't.

        CPS are not required to provide copies of things, infact they have some of the highest protections when it comes to data and DSAR in terms of what they have to give.

        Comment

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