Litigant in person

[daabren]

Hi again everyone. Please help.
I am Litigant in Person in a court case coming up at the end of May. I am suing my solicitor ( Defendant ) who I am now 100% sure is committing fraud.

I need to ask the Defendant ( email him ) for full disclosure of everything he has including his notes and his annotations regarding 2 RTA’s ( which is my compensation for two accidents, insurance companies admitted full liability). I would like to examine the communications between the insurance companies and my Solicitor. Also emails and phone calls to The Law Society regarding my matter as Solicitor claims he sought advice from them. Am I legally entitled to do this ? Do I have to go through the Court to obtain Disclosure from him ?

There is a lot of help on the internet for litigants in person, obviously technical help but nothing on the practical level, like….

I am submitting further evidence to the Court via post office mail to the “Court Manager” ( ensuring every single document has the Claim No. ). But is there a certain legal way that I must do this ? Via court form N1234, say ?

Cheers for any pointers.

[ostell]

Further evidence usually goes in as exhibits attached to witness statement and not in an ad hoc and haphazard way.

[des8]

Rules regarding disclosure are at CPR 31, but they do not apply to claims on the Small Claims Track.
So to which track has the case been allocated?

[daabren]

Ok Ostell I have just looked about "exhibits attached...." and I have to say I have absolutely no idea what thats all about....maybe I need to read it a few dozen times !
It all looks very technical ! If you could expand in any way ....?
Cheers anyway

[daabren]

OK Des8 I do know which track but I will have to double check later. Dont know what CPR31 is and will have to surf the net for that later.
cheers for that
Thanks for the pointers lads.

[des8]

https://www.justice.gov.uk/courts/pr...l/rules/part31

[daabren]

Des8 cheers for the link.
I found that yesterday still trying to understand it. It will take a few days and many readings to fully grasp I think, but .....
Ok let me try and simplify this for both Des8 and Ostell ....is there any help for Litigants in Person for DUMMIES ?
So looking at the question again can I simply ask the Defendant (via email) for full disclosure ....a simple yes or no will suffice.
Cheers lads for your patients and perseverance.
Dave.

[des8]

Basic advice for LiPs can be found here:

https://www.judiciary.uk/publication...-civil-221013/
https://www.judiciary.uk/you-and-the...nts-in-person/

Regarding the documents, you can ask and they can refuse!
As claimant you have to prove your case, and they aren't going to make it easy for you
On the other hand court procedure rules require parties involved in a dispute assist the Court in furthering the overriding objective by identifying the issues at an early stage, cooperating with one another and to settle disputes without resorting to litigation

What track?

[daabren]

Des8.
I do believe its the Small Claims Track.
Your......"On the other hand court procedure rules require parties involved in a dispute assist the Court in furthering the overriding objective by identifying the issues at an early stage, cooperating with one another and to settle disputes without resorting to litigation"
......This is exactly where I am now. For the past 2 weeks I have been studying Court Procedure and am just finish my "Elements of the dispute". Defendant does not want too answer my question because he knows he lied and I told him I taped him.
This is what I will send him shortly.....
"I thought I would send you my key points, the elements of my case and maybe that could be a base where we could start talking.
These are the issues that I am now concentrating on.The facts, are indicated thusly….."
At the moment I have compiled about 12 points that I need answers. Now I know he is in a tight spot also He will not talk ! I have asked him a few times with no reply.
So these emails and letters I am writing to the Defendant I also copy and send to the court so that the judge can see I am trying everything I can to resolve before May court date. I am also pointing to the fact that the Defendant refuses to talk.
I will also send this ..........."I would ask for full disclosure from ******** Solicitors which includes everything that you have received from both Insurance companies including all your notes and annotations and I would respectfully ask you send these as soon as possible to give me a chance to examine and potentially verify their authenticity before the Court due date"
with my key points, maybe I will send on the weekend. What do you think Des8 ? Looks ok ?
Thanks for your help Des8. Much appreciated.
I also note you send 2 links which I will check out later.
cheers.

[des8]

Another guide; https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
The other two come out to the same handbook eventually

No reason not to try and obtain documents from defendant, but don't drip feed the court.
Firstly it's a waste of time as the judge probably won't see it until the court hearing, and secondly you include it in your witness statement.

[pt2537]

Ok i dont know the background to this case nor do i know anything about the pleadings etc but it seems to me that the documents you are seeking now should properly been obtained before you went anywhere near a Court. it seems to me that a pre action disclosure application under 31.16 would be have been the right approach, it owuld have given you the documents need to formulate the claim.
From my reading of the posts you dont currently have this, which seems to me to be part of your cause of action,ie the basis for the claim.

[daabren]

Des8 Cheers for the ....excellent link !
Good idea about the drip feed and the Judge looking at the documents ......Bloody marvellous stuff
Cheers Des8.

[daabren]

PT2537
ok You must remember I am Litigant in Person and I know NOTHING of these Court processes. I am learning as I go.
I put the claim in and hoped for the best.
I know its ok because I was directed toward a Court session on the 26 January 2021 where I think the Judge directed mediation. The defendants solicitor agreed with a mediator at that hearing that we should talk....but he hasn't written or spoken to me since, if you have read any of these REPLY's you will see what my next email will be ...Disclosure, Key points, Solicitor is not talking etc....
Let me be clear, POINT 1 of my elements of my claim (so far there are 12 points ) I can ASOLUTELY without any shadow of a doubt prove that my solicitor is committing FRAUD. I have an audio tape of my last meeting with my solicitor 10 Jan 2020 , he told me thing that were not true then he put something in writing that wasn't true !!!
So I am guessing now is a good time for Discovery.
Cheers for the Reply .
Stick around I think this is going to get interesting ....

[daabren]

Now I am thinking I need legal advice and I getting it on here but this is public. If the judge finds out how would he view this ?!

[daabren]

Do I need to Declare this activity ?!