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DEAL letter to the court re Statement of truth
To the court Manager.
I appreciate that it is not normal practice to ask the courts to do something without an application costing £155 however it is my duty as a party to this litigation, under cpr 1.3, to help the court achieve the over riding objective found in cpr 1.1 which includes saving expense and dealing with the case in ways which are proportionate. £155 for an application for a claim of £215 seems disproportionate.
I would like to ask that a Judge uses their powers under cpr 3.3 (1) to make an order similar to DJ Thomson (Leeds), DJ Potts (Nottingham) and DJ A S Jones (Warwick) (see attached). These cases are pretty much identical with the exception of the actual location. The claim forms are otherwise identical in that they were signed by a solicitor who appeared not to exist with no solicitor firm entered on the form and no typed name of the solicitor. This has been investigated by the SRA and it appears that on all occasions the "solicitor" has not spelled his name correctly. The investigation is on going to the best of my knowledge. As i understand it the claimant in these cases has not complied with these orders and all 3 claims are struck out. There are several other cases i have seen online where the same is true but i don not have enough details to tell you the Judges and their court locations.
Practice direction 22 is clear on the procedure for a solicitor signing a statement of truth.
3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement:
(1) that the client on whose behalf he has signed had authorised him to do so,
(2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and
(3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14).
3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.
3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
I would ask the court to ensure that there is a degree of honesty in these matters by making the appropriate order as the court sees fit.
Yours etc
The worst that happens is they tell you you need to make an official application.
M1
I appreciate that it is not normal practice to ask the courts to do something without an application costing £155 however it is my duty as a party to this litigation, under cpr 1.3, to help the court achieve the over riding objective found in cpr 1.1 which includes saving expense and dealing with the case in ways which are proportionate. £155 for an application for a claim of £215 seems disproportionate.
I would like to ask that a Judge uses their powers under cpr 3.3 (1) to make an order similar to DJ Thomson (Leeds), DJ Potts (Nottingham) and DJ A S Jones (Warwick) (see attached). These cases are pretty much identical with the exception of the actual location. The claim forms are otherwise identical in that they were signed by a solicitor who appeared not to exist with no solicitor firm entered on the form and no typed name of the solicitor. This has been investigated by the SRA and it appears that on all occasions the "solicitor" has not spelled his name correctly. The investigation is on going to the best of my knowledge. As i understand it the claimant in these cases has not complied with these orders and all 3 claims are struck out. There are several other cases i have seen online where the same is true but i don not have enough details to tell you the Judges and their court locations.
Practice direction 22 is clear on the procedure for a solicitor signing a statement of truth.
3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement:
(1) that the client on whose behalf he has signed had authorised him to do so,
(2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and
(3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14).
3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.
3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
I would ask the court to ensure that there is a degree of honesty in these matters by making the appropriate order as the court sees fit.
Yours etc
The worst that happens is they tell you you need to make an official application.
M1
