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Should you instruct a lawyer?

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  • Should you instruct a lawyer?

    I recently acted in a case which highlights some of the real difficulties that people face when they act as a litigant in person. I was instructed to represent a client who sold a motor vehicle via an online sales platform such as Autotrader. The description of the vehicle was quite reasonable and accurate. Now […]


    Read More on Paul's blog...
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
    Tags: None

  • #2
    I just wanted to say that the point of this blog was to highlight that the claimants case was so badly prepared because he didnt understand the rules of the Court. If he had been represented i would have said he would have had a far better chance of winning, i would have said things were in the balance, but the lack of knowledge cost him combined with the lack of understanding of the Court process.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      really interesting thank you. I am however very curious to understand how the claimant would have won (even with representation) given the description was accurate and the faults pointed out?

      Comment


      • #4
        Originally posted by islandgirl View Post
        really interesting thank you. I am however very curious to understand how the claimant would have won (even with representation) given the description was accurate and the faults pointed out?
        Its more my opinion on what he could have done to change the outcome,in any case you always play devils advocate, you always look at what you could have done if you were the opponent. I have a feeling i could have done a better job of marshalling the evidence, for example we will never know whether it had a full service history because it wasnt there before the Court nor was it in evidence such as his witness statement
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          thank you for the response, much appreciated. Having read the case I think even the best lawyer would have struggled to win this for the claimant but I say that as a non- lawyer!

          Comment


          • #6
            lawyer? surely solicitors in small claims, ???

            Comment


            • #7
              Originally posted by pt2537 View Post
              I recently acted in a case which highlights some of the real difficulties that people face when they act as a litigant in person. I was instructed to represent a client who sold a motor vehicle via an online sales platform such as Autotrader. The description of the vehicle was quite reasonable and accurate. Now […]


              Read More on Paul's blog...
              I wanted to thank you....

              I've been struggling with a witness statement in a small claims case against a tour company and a bank, then I got distracted by your blog about a car being not as described but the LIP lost their claim. It showed me that I had got bogged down with all the evidence and what I had lost track of was the basic fact that the holiday was not as described. With that in mind, I plan to restructure my witness statement.

              So thank you....

              Comment

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