Do I need a solicitor to sue?

[Porbeagle]

Re: Do I need a solicitor to sue?

Thank you for this. I will of course be careful. However, the damage exists and is ongoing, because of wrongful acts, and I am using the legal process as it should be used. You should be aware that Ombudsmen have limited powers and can only ask that things be looked at again anyway. So it's not actually a case that the Ombudsman hasn't taken a claim seriously as such.

[Openlaw15]

Re: Do I need a solicitor to sue?

Courts = jobs for the boys. Solicitor, Barrister's services/ reports; court experts ie medical...psychiatrists services/ reports = many thousands. What type of torts are you claiming? My point about Ombudsman if there is a slight issue with the council it would have been investigated. if your investigation came to nothing the court will not do any more. Councils do not have liability for omissions (ie should have done something perhaps but did not) generally, and even where they do apply the council's argument: any claims against it will impede or exhaust public authority resources, especially by the Conservative Gov's current unprecedented cuts, which filter down the effect to local government. The council will pay for the most expensive solicitors/ barristers, medical experts. So, tell me what can you do by your lonesome? If it were not a public authority you may have had a chance but without a lawyer it would be like watching Judge Judy and then you trying to D-I-Y it.

[nemesis45]

Re: Do I need a solicitor to sue?

Going back to the start of this thread Wales and Enaid asked about complaints procedures quite rightly so!
If you have nor exhausted such procedures and received final responses prior to starting litigation it is
without doubt going to be an uphill struggle for you.

nem

[Openlaw15]

Re: Do I need a solicitor to sue?

I intend to take a number of defendants to court for damages ('several defendants'), including a council, on a number of breaches of legislation around vulnerable people and duty of care. My question is, do I need a solicitor to do this, or can I technically do it myself, i.e. present in court? I know it can be done in small claims court, but this is bigger than small claims and I presume will be done in County Court. Finding a solicitor is proving to be difficult, as usual, and to be honest, I'm not convinced so far that many will understand the intricacies of why we have such a good case. That is not being arrogant - it is just I have a much greater investment in what has gone wrong and why I need to sue. I'm asking this in case I don't get to find that solicitor who understands this and will take me on.

It does matter how many defendants there are, you can only claim something once whether it's the council or from another defendant. Any claims also must relate to particular damage types, ie personal injury, loss of amenity potentially. Therefore that am aware of there are no claims just for money without loss, the loss must be quantifiable (value) too, ie loss of limbs, fingers, paralysis of limbs. What was the duty, what was the breach, what was the loss? Breach of duty may apply in theory but unless there are particular losses caused (causation) by any defendants there are no claims. Tort is normally for personal injuries, ie serious car incident but there are survivors,or occupier liability for trespassers, employment incidents etc (breach of employer duty, indirect liability for employees). If the person dies the defendant has virtually no claims except pain/ suffering/ funeral costs, or claims against their estate for dependents. You mention more than one defendant too, so how can you prove which one is to blame (causation tests).

[Porbeagle]

Re: Do I need a solicitor to sue?

Actually you can sue several defendants if there is a chain of causation of damage that they have all contributed to. Also - no need for 'proof' in the civil courts as such (certainly not in the same way as - with some bad exceptions- in the criminal courts). But thank you for this. I/we are already progressing well in establishing the breaches, the losses etc. into a coherent account. The decision now related to this thread is really about whether we can get a solicitor to represent us, or whether we will have to, or even should, represent ourselves, now that we know that we can.