Civil Procedure Rules

[Hughie1]

Hi
I pondered for a good while before actually posting this thread, as I believe it may be viewed as a typical compo claim. I assure you it is not like that. What the claim is about is a horrendous strip search that the Police carried out on my Daughter. They absolutely flouted PACE guidance and not only were male officers in the vicinity when this happened, they actually took part in the process. This is borne out in copies of the custody logs I have managed to receive. I have now exhausted all pre-trial procedure and the Police are still in full denial and absurdly claim the custody log entry stating male officers took part was "an incorrect entry." They are trying their utmost to claim the search was " a removal of clothing" and not a strip search, even though PACE clearly shows a a strip search is anything more in-depth that a removal of outer garments such as a hat and gloves. My Daughter's clothes were actually shredded from her. I cannot afford a Solicitor for any Court case and I am going to have to be a Litigant In Person. The problem I now have is that I do not have a clue what to do next. It is over 2 years since the incident and we have just come to the end of all of the mediation. I presented a Letter Before Claim and the Police had a Solicitor look over my reasoning before he soundly rejected it. I have been informed I need to study the Civil Procedure Rules, but I just cannot download what I need. All the links I try are giving me lots of other links etc, and I just need the information that is relevant to me. I have managed to download a booklet titled Litigant In Person, but it is dated 2013, and I imagine there has been lots of changes since then. I also have no idea what forms I now need to get from the County Court to move forward. Can anyone please help? This is not a scummy claim I promise. My Daughter has Chronic Endometriosis and is in Secondary Care Services. She refused to give her details and they subsequently strip searched her. There was nothing whatsoever in the reports to say she was suspected of hiding an offensive weapon whatsoever, and I argued that under the pretext of not giving her name, a strip search needed the consent of a senior officer, but I got nowhere. I really cannot let this go, as her clothes were cut to pieces and she was taken to the ground with absolute force. She has since been back to Secondary Care and she has collapsed several times. I believe her fragile state of mind has descended to another level. Please do not respond with sarcasm. My Daughter is genuinely ill and I am stunned at what happened. If anyone is unsure about how bad Chronic Endometriosis is, please look it up. It is absolutely debilitating and I cannot believe this has happened. He relationship has crumbled as a result and the Father of her 2 children has moved out. This is horrendous. I really could do with some sound advice regarding the CPR and how to actually instigate Court proceedings. Incidentally, my Daughter was released without any charges whatsoever the following morning.
My apologies for the long posting.
Thanking You - Hugh O' Grady

[des8]

Sorry to hear of your daughter's condition and problems with thhe police.

The first problem I note is that you appear to be the one making the claim, when it should be done by your daughter.
If your daughter is a minor or an adult who lacks the mental capacity to represent herself in court, you need to apply to become her litigant friend (https://www.gov.uk/litigation-friend)

Other than that, we need to know what you are looking for and exactly what was written in your letter before claim.
If you could post up a copy (first anonymising it) we may be able to point you in the right direction

[atticus]

Here is the Judiciary's Guide for Litigants in Person - from 2013, but nevertheless a good starting point:


https://www.judiciary.uk/publication...-civil-221013/

[atticus]

The Civil Procedure Rules themselves are here:

https://www.justice.gov.uk/courts/pr...es/civil/rules

[Hughie1]

Hi Everyone
Thank you for pointing me in the right direction, and thank you to DES8 who asked me for a copy of my Letter Before Claim. KI will look st the Civil Procedure rules first, as I really think I will have to go forward on my own. I don't have Power of Attorney as the Police and their Solicitor have interacted with me right through the case via a signed Authority Form for my Daughter. I will read up on the procedural rules and I just hope I can go forward as we are without the need for a POA, as I really do not want that if at all avoidable. I would send DES8 a copy via e-mail of the Letter Before Claim if that would be helpful, but I don't really want to send it via an open forum as such. I am not being disrespectful whatsoever I promise. I just need to be a little guarded for my Daughter. I doubt I have even done the LBC right, and I am now wishing I had held on until I received the right advice.
Thank You Everyone, much appreciated.

[des8]

If you wish you can use the private message facility on this forum, but you are better advised to keep to open forum.

It would be useful to know what outcome you are looking for in making this claim for your daughter.
Presumably some financial compensation, but to make the claim you need to prove a legal basis i.e. a cause of action recognised by law plus the facts on which the claim is based.

It is not just a case of getting the procedures right, but also the claim itself

[KG8237]

Could I please urge any lay person considering being a Litigation Friend to NOT do so. The Official solicitor is there to perform this role. You have no protection from the other side, there is no precedent for whether you can step down or not - even if you are ill or otherwise realise you can no longer perform the role - and no legal person, be they solicitor, barrister or judge, seems to know what your legal status is or how to help.

Happy to chat offline/privately.