Please help with harassment claim & potential appeal against civil proceedings

[Guest]

pt2537
Thank you, but what if the Defendant has failed to comply at any stage? Surely allowance after allowance shouldn't be made??

The defence and WS were not only non compliant, but inconsistent throughout. They contained some outrageous, outlandish comments which were offensive and false.

The Defendant claimed that I owed him 3 seperate amounts of rent - ranging from £81 to £750!!!!
So to counteract that I provided bank statements showing rent paid thereby proving he couldn't get his facts straight.

One of the statements he made in relation to his threat to sexually assault me was that it was "banter"......
Then he went onto state that I discussed sexual preferences and fantasies with him.

I am sickened and disgusted by that comment alone and even more disgusted and frustrated that any decent Judge or indeed anyone wouldn't read that and be sickened by it?

please don't think that I am trying to get at the Huge. I am not but i am angry at the judgement and in the circumstances I think that I am justified.
I am merely trying to turn the anger into something more constructive and get the justice that is needed and to show the Defendant his behaviour is not acceptable

[Guest]

That should be JUDGE * (not Huge!!!)

[Guest]

The exact words (verbatim) that the Defendant wrote in his WS are as follows;
"The fact that xxxxx is playing on the rape banter is absurd. She regularly discussed what she liked sexually and came home after a sexual encounter saying that they pretended she was being rapped" - complete with spelling errors.

I'll have to choose my words carefully here as it is a public forum........ But WTF????
HOW the hell was THAT load of crap allowed????
It is FALSE and downright disrespectful.

[Guest]

Ohhhh and he ends that delightful sentence with "she had no issues then"..... ..it's like he is trying to justify his actions and downplay the henious crime of rape....and it was ALLOWED??

[Guest]

The Defendant is extremely fortunate that I haven't got the money nor the emotional resilience or ability to pursue a claim for defamation, libel and perjury/contempt because if I could I would break him with everything I had!!!!

[Guest]

I have had a little bit of a 'brainwave' - it doesn't happen often so it's probably only temporary!!
I am running on limited time to decide if I am going to pursue an appeal without a solicitor.
I know that I have to get a transcript which could take at least a few days...... So I was thinking, all the information that I have read states that I would have to obtain permission of the court before making an appeal so would it 'buy' me some time and stop the clock so to speak if I notified the court of my intentions (via email) and ask for permission to appeal at the same time as I make the application for the transcript....
Can it be done this way ?? I have read that the court of appeal rules are very strict and that's worrying me as a litigant in person I am not going to get everything spot on all the time.

[des8]

Ref point 3) if Harassment wasn't claimed for on the claim form it would not be included just because you mentioned it in the witness statement.
You needed tosubmit a n application to amend the claim. This is at least to give the defendant a chance to dispute the claim.

Whilst the judge was it seems extremely unsympathetic i doubt that the cost and stress (and risk of failure) of an appeal is worthwhile, even if leave to appeal is granted

[2222]

Peace I wish you all the very best, but I shall not be commenting further. I repeat that I think you should not attempt any further legal action in this matter without a solicitor. Please please please don't!

[des8]

I have read that the court of appeal rules are very strict and that's worrying me as a litigant in person I am not going to get everything spot on all the time.

In that case do not attempt an appeal.
Just because you will be a Litigant in Person will not absolve you from being "spot on" with procedures

[Guest]

Peace I wish you all the very best, but I shall not be commenting further. I repeat that I think you should not attempt any further legal action in this matter without a solicitor. Please please please don't!

I appreciate your help and advice and I have taken it onboard. I will however comment that you stated that to pursue a claim for harassment, a new claim would not be advisable without representation?

Please do understand that I am not able to fund legal representation which may cost £ thousands and if I am not successful I would lose, does it therefore follow that as I am not in a position to pay for legal representation that access to justice and the rightful recourse I deserve should be denied??
I have absolutely no faith in the courts to do the right thing and I am annoyed and frustrated. I spent weeks researching the guidelines, reading case law and info on Torts Interference with Goods Act, Protection from harassment Act, The Housing Act, CPR rules etc and making damn sure I'd done everything. I had tons of evidence of the Defendant's behaviour and lies and where did it get me?????
I feel so, so badly let down but I DO have to pursue this and get the result I deserve and more importantly the Defendant deserves.

[Guest]

In that case do not attempt an appeal.
Just because you will be a Litigant in Person will not absolve you from being "spot on" with procedures[/I]

What choice/s do I have ??? If I want to pursue this I can either a) Appeal or b) Submit a new claim for harassment/illegal eviction etc or potentially both. Not pursuing it is not an option...... My motto ''never, never give up' (Thou it's as hard as heck and takes every bit of strength I have)

[des8]

Please do not proceed with an appeal unless you at least get some professional advice.
Have you looked to see if there are any women's aid foundations that might be able to arrange free legal assistance?

[Guest]

Please do not proceed with an appeal unless you at least get some professional advice.
Have you looked to see if there are any women's aid foundations that might be able to arrange free legal assistance?

I am currently making an application for exceptional case funding and looking into Pro Bono advice and any other advice services I can. Unfortunately in my area it seems we've been left behind and they are few and far between.
I have also had other priorities and difficulties to cope with, the passing of a wonderful Grandmother, which was dreadful and meant that I have been unable to devote as much time as I would have liked to this and if I want to appeal I am running out of time.

[pt2537]

Im sorry to sound harsh and my comment probably will, but if a party fails to comply with the rules, and you sit by idol, then you are as much to blame as the defaulting party. If an opponent fails to do something in a Court order i follow that up with an email threatening an application, and make that application if they dont put right their error.

If the Court order contains sanctions, then if a party fails to comply i make it clear to them they need to seek relief under CPR 3.9 etc.

If you sit back and let the opponent make errors but do nothing about them you cant complain, thats the problem. If you are litigating a case you should make sure you understand the rules or get help from someone who does, there are law centres, CAB and Bar PRo bono depts that will offer help and assistance

[Guest]

Im sorry to sound harsh and my comment probably will, but if a party fails to comply with the rules, and you sit by idol, then you are as much to blame as the defaulting party. If an opponent fails to do something in a Court order i follow that up with an email threatening an application, and make that application if they dont put right their error.

If the Court order contains sanctions, then if a party fails to comply i make it clear to them they need to seek relief under CPR 3.9 etc.

If you sit back and let the opponent make errors but do nothing about them you cant complain, thats the problem. If you are litigating a case you should make sure you understand the rules or get help from someone who does, there are law centres, CAB and Bar PRo bono depts that will offer help and assistance

Whilst I appreciate all the help you have given, to be honest I find your post a little assumptive!.
I DID everything I could as a litigant in person. *** I read the CPR rules until I was sick of rhem****..... I researched and found relevant case law, quoted it in my statement of case and included it in my bundle, I read and found information on The Protection from Harassment Act and Torts Interference with Goods Act. I did EVERYTHING that the Defendant didn't do.
I also had a consultation with a litigation solicitor and paid a legal expert to provide advice.

Was that enough do you think??
When the Defendant didn't comply, I made applications to the court for him to 1) Produce evidence 2) Defence to be struck out and 3) witness statement to be struck out. ALL three of those applications were refused.

So in summary thank you for your help but I know darn well that I did everything and your comments are not helpful