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DCB legal ltd solicitors court claim letter

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Comments

  • Coupon-mad
    Coupon-mad Posts: 162,200 Forumite
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    Eh? Isn't this draft your WS?
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  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
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    edited 26 January at 1:16AM
    Yes yes it is ,just integrated this part and renumbered
  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
    10 Posts Name Dropper
    So WS is finally ok now??
  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
    10 Posts Name Dropper

    Just had a mediation call.

    Solicitors states that car was left for 20 hours in car park. What a Nonsense

    Offered zero of course

  • Coupon-mad
    Coupon-mad Posts: 162,200 Forumite
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    edited 28 January at 5:36PM

    Yes show us the latest draft.

    Just to remind us all, this is a Highview DCB Legal claim for a double dip scenario, with no breach pleaded in the POC. Chan & Akande style defence was done in October.

    Please tell us who at DCB Legal signed this claim form on the back? Sarah Ensall or David Croot?

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  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
    10 Posts Name Dropper

    Sarah Ensall

  • Coupon-mad
    Coupon-mad Posts: 162,200 Forumite
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    Thought so. She's NOT a solicitor!

    Search the forum for:

    Witness Statement Mazur v Speechlys

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  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
    10 Posts Name Dropper
    edited 29 January at 7:13PM

    So do i add this part or replace with Chan & Akande

  • Wolfie1111
    Wolfie1111 Posts: 71 Forumite
    10 Posts Name Dropper

    Preliminary matter: The claim should be struck out

    4.                   In a recent High Court judgment in Mazur and Stuart v Charles Russell Speechlys LLP EWHC 2341 (KB). Mr Justice Sheldon’s judgement was that supervision does not transform an unauthorised employee into an authorised litigator. Only those who personally hold the necessary authorisation, or who fall within a statutory exemption, may conduct litigation.

    5.                   Quoting from the Claimant’s Witness Statement: “I am a Legal Assistant in the employment of XXXXX, who act for the Claimant in this matter. I have conduct of this action, subject to the supervision of my principal. The matters to which I refer within this witness statement are within my own knowledge, or based on information provided to me by my client within the course of my instruction, save where expressly stated to the contrary. I am duly authorised by the Claimant to make this statement on their behalf.”

    6.                   The legal assistant, XXXX is not an authorised litigator by Solicitor Regulation Authority search of the Solicitors Register, and has admitted their conduct of the litigation, in breach of the Legal Services Act 2007. This is further detailed below in the following legal blogs:

    §    [Mazur v Charles Russell Speechlys Litigation Supervision] https://www.infolegal.co.uk/mazur-v-charles-russell-speechlys-litigation-supervision/

    §    [Alarm Over High Court Bomb on Conduct of Litigation]  https://www.legalfutures.co.uk/latest-news/alarm-over-high-court-bomb-on-conduct-of-litigation

  • Coupon-mad
    Coupon-mad Posts: 162,200 Forumite
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    edited 29 January at 8:15PM

      Quoting from the Claimant’s Witness Statement: “I am a Legal Assistant in the employment of XXXXX, who act for the Claimant in this matter. I have conduct of this action, subject to the supervision of my principal. The matters to which I refer within this witness statement are within my own knowledge, or based on information provided to me by my client within the course of my instruction, save where expressly stated to the contrary. I am duly authorised by the Claimant to make this statement on their behalf.”

    6.                   The legal assistant, XXXX is not an authorised litigator by Solicitor Regulation Authority search of the Solicitors Register, and has admitted their conduct of the litigation, in breach of the Legal Services Act 2007. This is further detailed below in the following legal blogs:               

    Eh? None of that is true in your case. You can't quote something you don't have. That was taken from a Gladstones thread and is irrelevant to you.

    You haven't had a WS that says that.

    Looks like you did a search in a hurry & grabbed the first result you saw. No. You needed to skim-read through your search results and copy words about Sarah Ensall signing off DCB Legal claims.

    And obviously this is a completely different legal point to the 'poorly pleaded POC' point covered by Chan & Akande, so you need both in your WS.

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