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Abuse of process

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  • Abuse of process

    Is this correct that using a caveat improperly is a crime under the criminal justice act
    Tags: None

  • #2
    Hi, Please can I ask why some posts receive answers and others like this post and a previous one of mine seem to be completely ignored, when they are asking a perfectly reasonable question. I am a confused and extremely stressed 63 year old who has now spent almost £13000 and still not getting very far with my probate problem, having been the victim of an extremely vexatious and shamefaced individual.

    Comment


    • #3
      It could be a number of reasons but the common ones are:
      • There's only a handful of regular contributors
      • Weekends are less likely to get a quick reply as we all have lives beyond the forum
      • We may have missed your post and if you dont receive a response then try posting on the same thread to 'bump' it to the top of the latest posts section.
      • We just don't have the answer for you because none of us have the technical or legal knowledge to assist.
      Please remember this is a free forum and those who do contribute give up their own time to assist others. If you can't find the advice you need then i can only suggest you try and obtain independent legal advice where some offer a free initial consultation.

      I've tagged des8 who might be able to answer your question in a bit more detail.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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      • #4
        Also, as the CJA2003 is a weighty tome it may assist if you cite your source, rather than just an anonymous screenshot, so proper research can be carried out.

        Comment


        • #5
          Thank you, as stated I am already £13000 pound into a lengthy dispute, the answers aren't always forthcoming from solicitors in layman's terms so it is good to get another view to help get ones head around things.
          It is frustrating and stressful enough so it just adds to it if it feels like you are being ignored. I do realise it is a free forum for advice and I am not aiming criticism at anyone.
          The screenshot I took is off a website Called"Oratto" and that is the only place I have ever seen it stated even after numerous searches on the Internet. Thanks once again

          Comment


          • #6
            Regarding that screen shot from Oratto I have never heard of anyone being charged with a crime for improper use of a caveat.
            Generally if a caveat has been improperly used, the perpetrator gets hit with an adverse costs order, which can be many tens of thousands of pounds.

            Also a trifle concerned about the terminology used on that site "abuse of proceedings" when normally it is referred to as "abuse of process"

            Comment


            • #7
              Thank you Des8, yes I never noticed that. I always wondered why I couldn't find any further mention of it.
              My dispute is now coming to a head and I have been looking for any little thing that might help, realistically the "Abuse of process" ought to be enough.

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