Should I represent myself in Court? UK General Litigation

[@lewis72]

I recently represented myself in court and won, so I was pleased about that. The annoying thing is that the judge had my court bundle in front of him, which I had submitted but he then proceeded to ask me questions that I had already covered in the bundle. Luckily, I had all of the answers in my head.

[@RedwoodLegal]

That's good to hear.Would you like to be interviewed about your case? Judges are under a lot of pressure and often do not get all the papers in time if at all because of the pressures on the court system.

[@Indiekid-1976]

You should take insurance against losing, you’ll need the opinion of a solicitor/barrister on the case to satisfy the insurers.

[@RedwoodLegal]

It depends - taking out After The Event insurance means a deposit up front in most cases, and then you have to part with a share of your winnings. When we are litigating through South Bank Legal we do not use it on all cases, just those that merit it. In terms of counsel's advice, that is correct - you do need it in nearly all No Win No Fee Cases, although the personal injury is the exception, where it is such a factory-type sector with law firms taking on hundreds of cases, it is not always necessary.

[@ScienceWins]

Did you ever realise how much the judges and their legal colleagues loathe LiPs? Did you ever wonder how ultra vires a judge will go to please their esteemed professional colleagues across the aisle?? And they depart hellishly from the CPR, usually accepting 27.14 “unreasonable” allegations by their legal friends as true, without any evidence at all. Just the accusation is sufficient. As a LiP I have been labelled “unreasonable” every time. To the extent the judge just whacked me with enormous fees from the other side, costs created in massive excess with no other purpose than to intimidate me, and in their words “threaten” me with costs to discourage small claims. How do you deal with this harsh treatment and label of “unreasonable” and this clear favour to her colleagues shown by a judge?. Judges enjoy their power, they are human, and love and support their own - their professional colleagues. Lips are SO precarious and you just do not realise this is a REAL injustice. And no win no fee doesn’t exist. Please. It is just is not. The capricious application of the arbitrary accusation of “unreasonable” (which can be as little as an allegation (without proof) that emails prior to action were “rude”. This is life changing stuff. And we need champions who put the over-riding objective first. Judges don’t do this. They genuinely take the power trip and harm innocent LiPs. They just find us irritating and even though my claim is water tight I have followed your advice and done all I can, I was hit with massive costs in a small claim for £1400 of nearly £10,000. This is life changing and devastating. Judges don’t empathise with individuals, the have all admiration for their six professional colleagues across the aisle. I feel thrown to the wolves. And have considered harming myself multiple times. My life has been devastated by a company spending £20,000 to avoid a simple refund, due under their own money back promise. This should never happen. Judge Davies, Wandsworth Cc made this horrific decision, and the actual hearing on the refund hasn’t even happened. This was me being told to,pay the costs of their action to strike me out on a technicality and then request the costs of that process, despite knowing I would get relief from sanction. So they undertook a process of technical strike out followed by guaranteed relief per Barton, and yet claimed I should pay for this obviously fruitless diversion! Judge Davies some how agreed their fruitless diversion with NO ultimate effect would have a costs hearing tacked onto the relief from sanction hearing! In a small claim! And threw a bill for nearly £10k at me to subsidise their guaranteed fruitless actions. Relief granted. Why would I have yo pay for their failure to strike out when rules clearly state no “opportunistic” strike outs and no opportunistic attempts to block relief. God help me. I’m not going to survive this I’m terrified and facing ruin. I would be better dead.

[@ijustfartedfuckyoulefties6061]

I'm about to go to county court against Morrison for Disability Discrimination next month and I'm trying to do this myself, It's Abit daunting but I'm having to do it myself, Couldn't find the legal help

[@taniaigbosi7975]

Very helpful video, I am representing myself in 3 weeks could you tell me if there are any case examples I can use were a claimant has won over a builder who carried out substandard work and left the site without finishing the work?

[@RedwoodLegal]

We have had such experiences, yes. You need to be careful with builders - while we have had client who have been successful, we have also had clients who found the builder deliberately went into liquidation and so they got nothing from bringing a claim. Do you want to email us because, frankly, cases are very fact specific. [e-mail]. A one-hour legal surgery may help. The book Flying Solo does also give examples and there is a section on building disputes. www.courtwingman.com/book

[@SuperSquark]

Maxims of Law... "No one shall be expected to do the impossible". UK Citizens are expected to know the law. So said the Judge. FOI request ....."Please give me a word count of extant law" Response....." We only get 3 days to do it, we can't count the documents in that time." Causing distress or alarm? The deliberate infliction of mental distress?

[@Steve_the_Lion]

Hi Alex, is it true that the courts go off presumptions and assumptions?

[@haydarbzkna1718]

Some one used my identity in a business to open a gas contract under my name without my knowledge I don’t have money for a representative and I don’t know where to get help

[@paulhiggins6175]

Please could you show i a man how to Re present oneself Do i go out and come back in with a bow on ones head

[@WhatTimeIsIt999]

Hi Alex, I have had small claim made against me which I have filed a defence against. Which the claimant has filed a defence against. They have requested for further evidence on of my points. I also want to know what I have to do next as I have further evidence to provide?

[@RedwoodLegal]

Hi there! If you email us at [e-mail] - attach the particulars of claim and defence in a single chronological PDF (And I think you mean a reply in the third document?) and then we can look at it and quote you for help. A one hour legal surgery may be enough at 150 pounds. (depends up size of documents but we do try and keep things proportionate to claim value in small claims) We can go through the documents during the call. Your call will be with a solicitor. Alex

[@tangoalpha1905]

Good stuff.

[@mongolmcphee7791]

Does this video (and your book) also refer to employment tribunals?

[@RedwoodLegal]

Hi there, I am afraid we are unable to offer assistance with employment claims, and our videos and books do not apply to the employment tribunal. Many thanks, RL Team

[@nikkion2140]

Do you offer no win no fee for a repudiatory claim against Landlord related to lease of property? If not, have you any pointers you can offer. Thanks a million.

[@RedwoodLegal]

It really depends on whether the case is strong and whether there is an actual clear asset that the lawyer can leverage against working for free. (Such as a property in the defendant's name.)

[@gwyneth7812]

It all feels so overwhelming. But where can you go when you feel 'stitched up' in a will where a solicitor and accountant are executors. They are heavyweights in the 'system' and the solicitor has a cousin who is/was a judge. Do all in the system close ranks and protect each other? Or is there a way I can feel safe and comfortable that that will not happen?

[@RedwoodLegal]

Not all. At the end of the day, it is all about who prepared more and has the best insight/ strategy... nearly always this tends to be the lawyers, as they are in the system on a daily basis. The best thing to do, to avoid any rabbit in the headlights situations, is to first educate yourself on the procedure and tactics for every stage of litigation. We offer a book on just that for those who cannot afford our discounted £180 legal surgery. See the details at www.courtwingman.com.

[@RedwoodLegal]

And Gwyneth, there are plenty of solicitors who talk on work suing other solicitors! It's not uncommon. "Use a thief to catch a thief". The problem is, of course, that it costs money. Unfortunately we no longer live in an age where there is any real publicly funded help, certainly not for cases like these.

[@gwyneth7812]

@@RedwoodLegal Thank you Alex, apologies for the delay in getting back to your kind responses. I think I would need not win no fee. I am still very wary of trusting solicitors though, especially and as you use the 'thief' term. If there is a certain legal case, is this sometimes still possible and can you suggest the best place to look?

[@RedwoodLegal]

@@gwyneth7812 No worries. Incidentally, we have just published a book for litigants in person, so that people like you can go to court with the know-how without a solicitor. The book costs less than an hour with a solicitor, so it may be worth your investment? Hre's the link to the paperback version: www.lulu.com/en/gb/shop/alex-woods-and-nate-fakes-and-kinga-stabryla-and-kinga-stabryla/flying-solo/paperback/product-m5yqjq.html

[@RedwoodLegal]

@@gwyneth7812 And unfortunately for a case like yours there really is no easy answer - you should perhaps make a complaint however and then if they do not resolve it to your satisfaction you can complain to the legal ombudsman service. In order to do no win no fee you are going to have to pay some money up front - it takes hours for a lawyer to figure out whether a claim has any merit and bitter experience has taught me I have to charge for the preliminary review of the case before considering no win no fee. If you want a quote you should email us and include documents - the court wingman site lays out the process.

[@ciara2565]

Can I make a small claim (£3000) for sexual abuse and emotional abuse inflicted by an ex partner?

[@jamesmatthews8881]

Alex, there's one question I just can't find the answer to, and I wonder if you could help. As I think you'll agree, one of the biggest things a Litigant In Person has on their mind is the costs they'd have to pay if they lost the case, and they'd be more confident about bringing a case if they didn't have to worry about this. If a case is dealt with on the Small Claims track, the loser doesn't pay the other side's costs (though I know a judge can order costs if it's thought the case was frivilous, or for other reasons). It's my understanding that a case will be assigned to the Small Claims track if you're claiming less than a certain amount (£10,000?) BUT that it could be assigned to a different track if it's envisaged that the hearing could take more than one day. While the litigant has full control over what they're claiming, there's no way they can be sure just how long the hearing will last, so they could suddenly find themselves exposed to costs. So here's my question: is there any mechanism whereby you can bring a claim, then if you find it hasn't been assigned to the Small Claims track, say to the Court, "Sorry, I've just seen that my case hasn't been assigned to the Small Claims track, and can't risk paying the other side's costs - I have to back out now"?

[@RedwoodLegal]

Really good question. No, there is not. You issue and take your chances. But most claims are clearly one or the other. Simple contract or negligence and well under £10,000 - small claims. But the point is that even your opponent - let's say a rich bank - could create trouble even after the case has been allocated, by applying to have to re-allocated to a costs-bearing track. (financial cases can be complex, a criteria for having them allocated to a higher track). You then have to spend time and money fighting this! I do urge that people take a little judicious legal advice if they are unsure. I have also released a book recently "Flying Solo", if you will forgive the plug ;) Also do not forget, if your case is allocated to a higher track and you feel it is a strong case, you might just interest a lawyer in a "no win no fee" deal and get your own costs back once you win, minus a share of the winnings, though, of course.

[@mlisa61]

I had suffered an awful assault whilst waiting for the bus to o home, one evening. As I was recovering in hospital, i ended up reporting it. But after the officers were gone, and I was continuing to get better, the next day, still, myself with two black eyes, had someone come into my room. It was a person same nationality as the one who had attacked me! My sister asked the person to be removed, but they would not go. I was somewhat injured & needed my privacy. But the horror of it, they did not know my situation or know me, but suddenly a social worker sectioned me, without even talking or getting to know me! She too was same nationality as attacker! Correct processes weren't followed which made it a completely illegal and criminal action to do that to someone in my situation. (Of course, I am of no risk to myself or anyone, I don't need to even add that). But we all have a right to be protected & safe in an nhs hospital. I got discharged, but the awful social worker continued to harras me! Even though I was discharged, she got a county court order or judgment & arranged to bring me back! (she brought me to a different place for this). The cruelty of doing this to someone in this situation is heartless, what can I say! she brought this order at short notice, not even knowing me. You would not even think something like this is possible. The hearing was in a matter of weeks & of course I was in some distress & was not sure how to address, with all that I had gone through. Nor did my family member. She too was horrified at my treatment. I was lied about quite badly & before I could even address the lies, the order had come & she came to take me! My question is this: this can sadly happen to anyone. The actual attacker got sentences of course! But what could I have done. I had read info online, quite hard to find. I assume I could have had this hearing set aside & had time to make my defence. To address all the lies! But a letter full of actual false statements, which was never actually discussed with me whilst there, was made on after I was discharged. and a long time after! So I was taken away under false pretences & was put through so much! It is known that people who have been assaulted don't always report it! Well, this can be why! Though it was the social worker who had no right to be even there, who caused the probs! If u can tell me also, do these type of orders become public records? And how long are they held? I would like to know above info. (The order has since been discontinued). If u can kindly tell me what you know, thank you, Lisa (Can only call this harrasment & abuse).

[@theforeverchild1191]

Given the current pandemic does article 8 of the European courts still apply?

[@RedwoodLegal]

Why would it suddenly dis-apply? Not an expert in this area but happy to hear your thoughts and discuss.

[@harrymcough5545]

I am trying to chase up an invoice to a ltd company. How many days do I write on the letter before I take legal action( ie if this invoice is not paid within 7 days I will proceed legal action ) I thought it was 7 days in the uk but seeing online it seems to be 30 days I am a self employed and was working for this company under cis scheme

[@RedwoodLegal]

Hi Harry - it depends whether it is disputed or not. Google the CPR and you will find the general pre-action protocol says 14 days to 3 months depending upon the complexity of the case.

[@harrymcough5545]

Thank you so much for your reply

[@harrymcough5545]

@@RedwoodLegal does the letter of action need to be sent recorded delivery or is 1st class stamp sufficient?

[@RedwoodLegal]

@@harrymcough5545 1st class fine - just follow up in couple of weeks. It's a letter before action, or a letter of claim.

[@harrymcough5545]

@@RedwoodLegal hi I have sent the letter before action . I have had no reply . I stated in the letter that if the debt was not paid within 2 weeks that I would start court proceedings. Should I know go online and start the small claim .or would there be another procedure

[@tanvirussen9792]

Hi, I am representing myself in the county court. This is regarding my children's matter. Can I have some guidance from you please. If you say yes then I can contact you. But how. Please reply. Thanks o

[@RedwoodLegal]

email [e-mail]

[@tanvirussen9792]

@@RedwoodLegal Thank you. Very soon will send you email. Thanks once again. 👍

[@londonrider3219]

Thank you

[@RedwoodLegal]

You're welcome! If you get stuck later down the line, do visit our channel or read one of the books on Amazon here: www.amazon.co.uk/gp/product/B08QNBZ7LT?ref_=dbs_dp_rwt_sb_tkin&binding=kindle_edition

[@dennisjohnson7412]

We live in an housing Association Share ownership apartment, built in 2017/2018 not long after we took over in December 2018 we realised we had a number of serious issues with the apartment, one of which was the wet-room, which had not been incorrectly fitted. After several months of complaining in September 2019 a senior staff member visited us and informed us he would have all our issues resolved, in December 2019 a surveyor came to look at our wet-room, he confirmed a number of issues with the wet-room the same staff member informed us that it would all be made good most of the issues surrounded the wet room floor, in January 2020 the housing informed us they where in talks with the builder regarding a number of issues and they would get back to us. we never received any further communication, until in October 2020 the residents from the apartment below us informed us that water was coming through to there apartment from our wet-room, the leak was temporary fixed however, we took the decision to have the wet-room refitted as soon as possible which we paid for ourselves we have now asked the HA for a contribution of 1/3 to cover the floor which they initially said they would fix. If they do not pay can I go down the small claims route?

[@RedwoodLegal]

Certainly something we can look into! Feel free to email us at [e-mail] Thanks, RL Team

[@AnonymousPacifist]

Technicalitys of things not happen.🦎

[@daveb1149]

Just one point I'd like to add about help from external sources like legal advice , CAB etc....make sure you dont mention that the defendant is a solicitor and he has committed fraud.......doors will close on you !

[@bornfreefreedom4900]

Your ace. I sent you a email Asking if you would do some work for me. Best regards

[@RedwoodLegal]

Not sure I received anything, actually?

[@bornfreefreedom4900]

@@RedwoodLegal I am sure I sent yourself a email to your company May I ask do I send my email to Redwood Soloictor for your attention. Kindest regards

[@bornfreefreedom4900]

Hi Alex. I sent my email again to you this Afternoon Have a wonderful weekend you and all Kindest regards

[@fourthway5296]

Forgive me for giving you a 'thumbs down' however I feel this video is in need of judicious editing and the lack of it makes for a rambling verbosity that renders the material virtually unwatchable studded as it is with repetition and distracting use of body language; the subject needs to understand how they appear in front of the camera - though it's challenging to communicate such dry material it doesn't have to be executed in such a tedious and unimaginative fashion. I speak from direct experience of LIP's and numerous barristers.

[@RedwoodLegal]

Thanks for your rather unconstructive feedback. The video was recorded in 2019, when Alex started out this channel to assist litigants in person with proceedings whilst the legal industry left them rather 'dry', and since then has made significant improvements in delivery and content, which is evidenced by the newer content. A fresher video on this topic can also be found on our channel. Best wishes, the Court Wingman team.