RTA x 2

[daabren]

Hi All. *I may have to infer court action to my solicitor when I make a complaint about him. I must write to him about the complaint first, this I know. I also need to pose the threat of court action should he fail with the complaint. My compensation from RTA is above £10000. My question is......will it be County Court or other ?

[Law Student 5]

Hello,

I am not quite sure which question you are asking, but if you are asking where would your RTA case be heard, the answer is County Court.

County court hears all small claims and fast-track cases which are £25000 or under.

If I have misunderstood your question, please feel free to reply to this post and I will assist you asap.

Thanks!

[des8]

Law Student 5* you might find it useful to click on OP's name and find all his started threads... there are four (or is it 5?) on this topic and it involves changing solicitors halfway through!
daabren* please don't keep starting new threads, as it makes it impossible to follow what has occurred and what your concerns are

[daabren]

I did not realise I was doing anything wrong. When I want to post a new question it seems totally logical to me to start new thread ! So what are you saying about posting a new question ? How ?

[daabren]

Hello,

I am not quite sure which question you are asking, but if you are asking where would your RTA case be heard, the answer is County Court.

County court hears all small claims and fast-track cases which are £25000 or under.

If I have misunderstood your question, please feel free to reply to this post and I will assist you asap.

Thanks!

Cheers law student. Since nobody replied I found out it was in fact the County court. Cheers.

[des8]

I did not realise I was doing anything wrong. When I want to post a new question it seems totally logical to me to start new thread ! So what are you saying about posting a new question ? How ?

You haven't done anything "wrong".
It just becomes difficult to follow how matters are progressing if you start a new thread each time you have a new question on the same topic.
You started "advice about a solicitor" moved to "Solicitor will not pay out my compensation Then to "RTA x2" then "court action" and finally "Suing my Solicitor"

[daabren]

Ok Des8 I am just going to put this underneath all the postings and hope its ok. I am now taking my solicitor to court. *I have put all the documents ( emails, letters replies etc) into county court wed 10 June 2020. My solicitor lied to me at the last time we met, 10 Jan 2020. I taped the conversation, without his permission, because I know solicitors will not give permission anyway....He told me 6 lies, blatant and stupid. We exchanged 1 or 2 letters in the next few weeks and I also put in a letter of complaint. Then he made a mistake, I quoted one of his lies in an off the cuff way mentioning that that was what he said in his office, in his next letter to me he had to correct the lie that I quoted and thats when I knew I had him and proof of his lies. Ok only one lie but it was proof. Now the CONUNDRUM. I cannot use the tape, I know that, I have not mentioned it at all. The lie that I have got him on is a little vague...ish, maybe ! Given that a judge would side with a solicitor 99% of the time...what would be more important here in this case.....a persons right to their privacy ( that I taped the conversation without their knowledge) or a persons right to a fair trial/hearing *( me in this case declaring to the judge that I taped the conversation) ?

[des8]

Firstly covert recordings are not necessarily* illegal.
Covert recordings can be admissible, but the court may under Rule 32.1(2) use its power to exclude such evidence*

Regarding* privacy**the question really is the content of the recording private?
Generally*if disclosure of the recorded information would give substantial offence to a person of ordinary sensibilities placed in similar circumstances to that individual, then it is likely to be private

Any views on this R0b ?

[daabren]

Firstly covert recordings are not necessarily illegal.
Covert recordings can be admissible, but the court may under Rule 32.1(2) use its power to exclude such evidence

Regarding privacythe question really is the content of the recording private?
Generallyif disclosure of the recorded information would give substantial offence to a person of ordinary sensibilities placed in similar circumstances to that individual, then it is likely to be private

Any views on this R0b ?

Thanks Des8. Personally I think the recording would be damaging as Solicitor Lied, many times on the tape, *and personally I think as solicitor is a public servant / or works in the public domain it certainly in the publics interest to be exposed. Its like a protagonist who gives information to a journalist information that is in the publics interest, the journalist does not have to give his source.......?

[daabren]

Hello,

I am not quite sure which question you are asking, but if you are asking where would your RTA case be heard, the answer is County Court.

County court hears all small claims and fast-track cases which are £25000 or under.

If I have misunderstood your question, please feel free to reply to this post and I will assist you asap.

Thanks!

Should I declare to the Judge that I have made *a recording without informing the other person when I go to County Court ?

[des8]

Don't try and spring surprises!
If you want to use the recording, first have it transcribed and submit copies to court and defendant, or at least disclose its existence, and obtain the court's permission
Do bear i mind that you are treading a thin line, and a judge might view it either way

[daabren]

Thanks Des8.
Its taken a while to get going but now its really taking off mainly I think because of Covid. Now have date for Court as end of May.
Its a very good idea about transcribing but are you saying get the courts permission BEFORE emailing to Defendant and the court ? I think that is the case.

I have just posted a new thread "Litigant in Person" please check it out for me let me know what you think.
Appreciate your input.
cheers.

[daabren]

Bye the way I have made the audio known and sent an email to the court requesting the audio be presented as evidence, the Defendant also knows it exists and fraud has 100% taken place. I have not yet had a reply from the Judge.

[des8]

As you know, the delay in the court system is quite horrendous at the moment, so you might not get a reply until after the hearing!

[daabren]

Yes dont I know it ! Horrendous delays. I hope I get a reply. I am hoping a judgment will be made in May, I just want an end to this. Anyway as Litigant in Person I am sure the judge has enough evidence to make judgement .
Cheers Des8