6^th February 2013

Hello again, it’s me, Peggy

I’ve been digging through my case files again and I was hoping to move onto another section of my case today but I am still finding things in the MKB files that are giving me “Flash Backs” to what they’ve all done, in what I allege was with intent to pervert the course of justice in my case.

On October 19^th 2004 solicitor Mr Brain of Mills Kemp & Brown solicitors in Barnsley wrote to Stark Costing Services, Bury St. Edmunds, asking them to prepare a Bill of Costs for Legal Aid assessment. I am inserting below page 4 of 4 of his letter. You can see at that part in his letter on page 4 (copied below) sub-headed Instructions, that Mr Brain has the cheek of the Devil himself by asking for 75% uplift in his costs because, he says, Mrs Barnes (and her husband) have been without doubt the most difficult clients he has ever encountered.

What in fact he intended happening by him so doing was that he intended using up the funding limitation on my funding certificate, which I allege was with intent to overbalance the funding/case costs Ratio. Once the Ratio exceeded the LSC set Ratio it would have resulted in my claim becoming unviable for public funding.

I don’t think a solicitor, one who is funded under a Legal Aid Certificate, can be paid more than a standard amount per hour by the LSC, and certainly not on the basis that his/her client has been found not to be a push-over??

I think what he really meant was he found me (and my husband) difficult to control, when he was trying to prevent my case progressing to court and me having legal representation for that to happen.

 

During the course of my claim Mr Brain had obtained copy x-rays from the various hospitals of which I’d had the misfortune to visit. I will mention these hospitals in more detail later. However, apart from him obtaining copies from the Bassetlaw Hospital and for which the Bassetlaw Hospital had been duly paid those x-rays formed part of my case files and should have been passed onto either the next instructed solicitor or onto me personally.

Thing is, he even sent my own x-rays onto Nigel Clifton, the then Chief Executive at the Bassetlaw Hospital, at the personal request of Mr Clifton. Those x-rays and scans of which I had purchased myself and/or was done on a private paying basis (Claremont Hospital MRI Scans etc) and which I had loaned to Mr Brain whilst he had conduct of my case. The cheeky devil and that’s not to mention his breach of the Data Protection Act.

Now I’m not talking about a local butcher just making a mistake here, (sorry Mr butcher) I’m talking about a solicitor whose specialism is Clinical Negligence Claims, so Mr Brain knew dam well that what he was doing was well out of the order of things. And, probably it was flying in the face of the Solicitors Code of Conduct Rules apart from anything else??

See copied below the MKB letter dated 15 December 2005 that accompanied my x-rays and scans from MKB to the Chief Executive of the Bassetlaw Hospital:

On 9 February 2006, at a time when I was at Dicksons Solicitors, Hanley, Stoke-on- Trent, we telephoned Mr Brain’s secretary to find out where all my x-rays and scans had gone as they were not to be found in the MKB files as sent to Dicksons Solicitors via Peter Maughan’s Solicitors in Newcastle-upon-Tyne. Mr Brain’s secretary said she thought they had all been sent onto the Chief Executive at the Bassetlaw Hospital but that she would check and phone us back.

Subsequently, Mr Brain’s secretary left a message on our telephone answering machine the same day. You can see from this paragraph alone that I have travelled the country to try and obtain a straight solicitor (one who was not prepared to cover the backs of their colleagues in the profession) to handle my case but I have yet to find one. In any event, see copied below the transcript of Mr Brain’s Secretary’s recoded message:

This true story continues …..  

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