Being Sued

BeingSued

I am currently being sued. The first I knew about the matter was when I received court documents on 3 December 2013. The claimant had not engaged in any pre-action matters.

On 5 December my house was flooded and all documents were lost in the flood. The following day I was rushed to hospital as I could not pee at all and now have a catheter. I have since been diagnosed with highly aggressive metastatic stage IV prostate cancer.

Although the Court documents were only received on 3 December, I was required to attend Court some 180 miles from my home on 9 December. This was impossible given my state of health. I have frequent catheter blockages, requiring emergency treatment and painful bladder spasms several times daily.

I appointed a solicitor to deal with the matter but he failed to obtain any documents from the Court until I dispensed with his services in late March; the Court simply failed to respond to his requests for those documents.

I made an application to transfer the case to a local Court which was refused. But it was ordered (after the Judge read the doctor's letter) that I attend the hearing by video link. The Claimant had to arrange the video link and I duly attended via video link.

But a new Judge had been appointed and refused the video link. The Judge then proceed with the hearing in my absence. I have no idea what was said by either Judge or Claimant at that hearing. The Claimant was granted an injunction and the Judge said I had no defence and made a declaration that certain comments it is alleged I had made were false and defamatory, even though this was not a defamation case.

My new Solicitor (that I had employed on a limited retainer) said he was 'absolutely gobsmacked' as he was convinced that the Claimant had no case. He immediately offered his services on a full retainer so that I could be represented at a set aside hearing.

My new Solicitor requested a transcript of the Court hearing at which my attendance by video link was refused but, so far, he has been unable to obtain it. That Court hearing was 4 weeks ago.

I did not believe that access to a fair justice system could prove so problematic and I despair that a Judge has already made up his mind as to my guilt without me even being able to present my case.

I now face the prospect of having to attend a hearing 180 miles away in London whilst undergoing daily radiotherapy treatment, simply because this new Judge does not accept my doctor's letter. In addition to cancer, blocked catheters and painful bladder spasms, I have had a severe disability since early childhood. That disability is rapidly getting worse as the cancer takes hold.

I am now back in my house following the flood, but that is of little comfort given that my final months could well be spent fighting this court case to preserve my inheritance for my heirs. There would be no possibility of appeal once I am dead.

topdaddy_2

What are you being sued for?

Valli

And more to the point why have you posted here?

aqua111

Valli wrote: »

And more to the point why have you posted here?

I think this could have been posted with sympathy and details of a more appropriate place to post.

Valli

I'm in no position to direct the OP to a more appropriate place to post without more information. Given the lack of response thus far it would suggest hat others feel the same. I cannot discern whether advice OR sympathy is being sought. Once we know what the OP is looking for we can guide him/her as to where to post.

whitewing

This may help a bit:

http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf

DaveTheMus

School holidays again?

maninthestreet

So you have been diagnosed with highly aggressive metastatic stage IV prostate cancer, but were completely symptomless prior to the 6th December??

McKneff

If I was going to pop me clogs, I wouldn't put up with any of it.


Ignore it all, sell me house, burger off to a hot country......

topdaddy_2

Valli wrote: »

And more to the point why have you posted here?

To vent in the vent section Im guessing.

lisyloo

Wow - what a lot of bad luck.

I presume you have discussed legal ways of passing your assets to your heirs short term.
If not - have you considered just spending it all?

Perhaps take your heirs on a holiday.
No-one can take it back if you spend it on experiences.

I wouldn't be thinking about the case.
I'd be looking at helping myself and my heirs.