7^th April 2013 [blog No. 21 of 21]

Hello again, it’s me, Peggy

I feel that due to what has been in the news recently, about the withdrawal of Public Funding by this Government on Clinical Negligence cases and other Civil matters, I have to warn anyone out there that is contemplating seeking Pro Bono assistance or attempting to represent themselves in court that it is nothing less than a minefield. The judges, if my case is anything to go by, do not assist Litigants in Person and I allege that this Government have basically given medics a licence to kill and/or lame at will.

At a time when I was acting as Litigant in person in court on an Application for Disclosure of medical Records and specific X-rays etc., one judge even went as far as to say I was “Cranking-up” fresh allegations. How he felt he was able to say that without having any medical evidence filed into court either for or against my case I will never know. It is written in the official transcript of the tape recorded court hearing so I can prove that what I am saying here is true.

Here’s another fact; at the Appeal Court in London in April 2000, when at that time I had to act as a Litigant in Person due to Mr Tim Slow, the solicitor at Gosschalks Solicitors refusing to represent me in Court even though he was in receipt of my Legal Aid Certificate (DUORNAYY1943/A/W/4), Lord Justice Mantell informed the court that he was there to save NHS money and that was the reason for the Defendant Trust’s solicitor not attending the hearing!!!

After that hearing I was met by a solicitor called Mr Michael Pringshiem. He had apparently been in court listening to my case, and he advised me that as soon as the Judge opened his mouth he knew I was being stitched-up. After him reviewing my court papers he advised me that neither the solicitors nor the judiciary had adhered to procedure in my case. Now, do you still reckon Litigants acting in Person will get Justice?  I don’t think so!!

In 2007, and the reason for wanting Legal Representation in an appeal hearing, HHJ Moore sitting in Sheffield Combined Court had, at a previous hearing, Directed the Defendant Trust’s Solicitor to get my case settled, and he told me not to be too picky at getting every penny. I subsequently served a Part 36 offer to settle on the Defendant Trust’s solicitors with the help of French & Co and our local MP but the Trust’s solicitors simply acknowledged receipt and did nothing, not even an attempt to settle my case at a lower figure. When I returned to court HHJ Moore informed the court that he had changed his mind and struck the case out. What I want to know is who or what got at the judge to make him change his mind?

Seeking representation on a Pro-bono basis also has its own drawbacks, as happened in my case. Believe me you have no idea just who is who out there in the Legal world.

You will also see from the letter copied below from French & Co that the solicitor there was concerned that I had not received a fair trial and that HHJ Moore clearly breached the law on fair hearings. Litigants in Person will not stand a “Cat in Hells” chance at getting fair hearings. Justice, what justice!!

In November 2007 the aforementioned Human Rights solicitor, one who had been giving me advice as and when he could under the Legal Help & Advice Scheme, drew-up a letter headed “To whoever it may concern” for me to seek Legal Representation in court by a solicitor/barrister on what is called a Pro Bono basis. See copy of his letter dated 1^st November 2007 copied below setting-out the position of the case.

I needed Legal Representation for an Appeal Hearing due to solicitor Mr Jonathan Brain of Mills Kemp & Brown Solicitors (I allege fraudulently) squandering public funding on my case which also included him spending unnecessary time striking a deal to only deal with Mr Colton and/or with Beachcroft Wansbroughs Solicitors, a firm of solicitors who had lost their contract with the NHS for doing NHS Clinical Negligence Claims. He also asked the Law Costs Draftsman for an Uplift of 75% in his costs to the Legal Services Commission which also included him conspiring with Carolyn Smiley (solicitor at the LSC) to divert mail from the LSC which was addressed to me, by changing my home address as being C/o Mills Kemp & Brown, Solicitors Barnsley. He also used funds from my public funding certificate to draw-up a witness statement for a named defendant in my case.

Strangely, Ms Smiley had obviously done such a good job for the NHS Litigation Authority while working for the LSC that when the LSC at Red Lion Street London was shut down Ms Smiley was given a job at the NHS Litigation Authority. Justice, what justice!

In any event, as it turned out, after I had furnished LawWorks with the requested information for them to review my case (LawWorks is the operating name of the solicitors Pro Bono Group) I discovered that in some way they were connected to Halliwells, the firm of solicitors acting on behalf of a Defendant in my case.

This information did not come to light until 25^th June 2008 after they had repeatedly requested more and more information from me, and when they had as much as they wanted they wrote back to me saying they were unable to assist me with my case. When I asked them for the return of all my papers (and you can see this for yourselves) on the bottom of the letter dated 18 June 2008 enclosing the receipt (and on the receipt itself) which they wanted me to sign and return as having received my case files, was printed; “DX c/o Halliwells 14317 Manchester 1 – T: 0161 275 0345”.

I do have a word that describes them accurately but to use it here would not be fitting, it starts with B and ends with DS. Beware, if you intend seeking representation on a Pro Bono basis this could happen to you.

I found that I was unable to even trust the solicitors who took instruction on my clinical negligence and/or Professional Negligence Claims with Public Funding in any event. I have said this previously; I alleged that they do deals with the defendants solicitors behind your back and simply filled their own greedy pockets with Taxpayers money without having any regard for their clients.

Copied below is a copy of the letter dated 1^st November 2007 from French & Co and a copy of the letter dated 18 June 2008 from Joanna Venkov (Administrator) LawWorks, London, and a copy of the signed receipt as signed by me on 25^th June 2008 when at that time I spotted the words DX c/o Halliwells printed at the bottom of the receipt. See below:

LawWorks North West

University of Manchester Legal Advice Centre, Unit 18, University Precinct, Oxford Road, Manchester M13 9QH

DX c/o Halliwells 14317 Manchester 1 - T: 0161 275 Q348 - F: 0161 275 0345

Registered Charity number 1064274

LawWorks is the registered operating name of the Solicitors Pro Bono Group

Company Limited by Guarantee number 3410932

Registered Office 10 Upper Bank Street London E14 5J

xxxxxx

Furthermore: for your information find copied below extracts taken from emails that my husband has received from the MEDNEG site regarding some 500,000 people a year now having to represent themselves.

Medical Negligence Alert April 2, 2013

Email: editor@medneg.com

Medical Negligence Email Alert Tuesday April 2, 2013. We are now welcoming victims of medical accidents as visitors to the website thanks to the support of our Annual Subscribers. Several visitors have stated that they intend to proceed as litigants in person – a daunting task indeed. We would welcome any articles from practicing lawyers on this process, perhaps with specimen statements of claim. We would also like to hear from expert witnesses prepare to accept instructions from litigants in person.

Medical Negligence Alert March 25, 2013

Email: editor@medneg.com

From: The Editor

 NEWS: Solicitors' caseload.

From April 1 – just a week away - some victims of medical accidents any will be considering whether to litigate in person without access to law reports or text books. Which is why Medical Negligence provides free Visitor’s Access to its website. Support this, and help to educate the public, by becoming an annual Subscriber. Simply email subs.medneg@gmail.com.

Medical Negligence Email Alert Wednesday March 20, 2013.

Email: editor@medneg.com

Support our Visitor’s Access: In 1998 Frank Cunningham, the only victim of a medical accident to win an appeal in his action against a NHS Trust as a litigant in person, wrote that it was a scandal that the law libraries within the courts are not open to the public. He said: “At a time when some 500,000 people a year are forced to represent themselves in court mainly because of legal aid cuts, people were being denied access to law libraries which they pay for. It is a fact that court buildings, contents, libraries and facilities are all paid for by the tax-paying public. What is the reason for not allowing access to the libraries? Are the courts afraid of people becoming more knowledgeable about the law?”

From April 1 – barely a week away - many more will be considering whether to litigate in person without access to law reports or text books. That is why Medical Negligence now provides free Visitor’s Access to its website. Support this, and help to educate the public and their health carers, by becoming an annual Subscriber. Simply email subs.medneg@gmail.com.

xxxxxx



RE: ATTEYS SOLICITORS

I have discovered, only this last week that Atteys Solicitors have been shut down by the Solicitors Regulation Authority (SRA).

See copied extracts below as taken from my letter dated 13 May 2011 to the LSC where I complained about Atteys Solicitors (Mr. Gavin M Sampson) and the handing of my attempted Professional Negligence case brought against Gosshalks Solicitors. I allege that I was well and truly stitched-up.

To:

Legal Services Commission

Merseyside Region

2nd Floor, Cavern Court

8 Mathew Street

Liverpool

L2 6RE

The letter was dated 13^th May 2011

The LSC Ref: DUORNAYY1943/A/W/14

Atteys Solicitors Original Ref: B0008566

Atteys Solicitors Ref: B0856663 from year 2010 onward

It Related to the Professional Negligence claim against Gosschalks

Rotherham County Court Claim No: 6RTQ2831

Basically I said:

Further to my faxed letter dated 27^th January 2011 with the attachments.

At the conference held at Atteys Solicitors 16th February 2011 (Barrister Mr Hedley was present) Mr Sampson refused to take further instruction from me on my case, I am therefore between solicitors.

I enclosed a copy of my faxed letter to Mills & Reeve LLP, the Defendant's solicitors in my case which I expected them to find it self-explicit.

I told them that I had been well and truly stitch-up by both the Legal and medical Profession. I contended that instructed solicitors and medical experts alike, on all my cases brought before the courts, were never really interested in securing a successful claim. They had only taken the cases as far as they could to the point of simply milking public funds. This is the reason why I have had to draw a line under the matter.

The Barrister instructed by Atteys did note at paragraph 81 on page 26 of his second

advice that; "In the context the whole principle of case management by the Courts (which underpins the Civil Procedure Rules) I find the order made extremely odd, There is no apparent long-stop for review. The court seems to have been content that the claim was kicked into the long grass."

I went on to tell the LSC that I did believe that I have been greatly discriminated against by the judiciary.

I told them that when at the conference at Atteys on 16* February 2011 I had request they advise me of their costs to-date but Mr Sampson had retorted with "I do not have them but even if I had I would not give them to you."

I said; Because I contend that instructed solicitors have simply milked the system I wish to request of you here that when you have it to hand I am to be provided with a copy of Atteys bill of costs to the LSC to-date please. (I have never received them to this very day 7.4.2013)

On 10 May 2011 I sought advice from French & Company solicitors on the correct procedure in which to abandon the claim again Gosschalks. At one point in the conversation Mr Hate did say that he believed that Brown Jacobson solicitors were at fault (after receiving directions in the court hearing before HHJ Moore on 5/9/2005) by them disobeying HHJ Moore's direction when he advised them to settle the case against the Doncaster and Bassetlaw Hospitals NHS Foundation Trust, and at that hearing he advised me not to be too picky and wanting every penny.

I had subsequently served a Part 36 offer on Brown Jacobson Solicitors after prior discussion with The Rt. Hon Mr Kevin J Barron MP, but all they did was to acknowledge receipt of same. They did not come back with any offer of a settlement as had been directed by HHJ Moore.

I copied the letter to The Rt. Hon Mr Kevin J Barren MP (House of Commons) for his information.

When going through my case history I cannot believe myself what tricks the solicitors, the NHS and other Government departments pulled in an attempt to deny me justice in my case.

This true story continues and next time I will do my best to get back onto the issues of the NHS in my case.

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