12^th May 2014 [Blog No. 53]

Hello again, it’s me, Peggy

On Saturday last (10/5/2014) we met with the Rt. Hon Sir Kevin J Barron MP for an update on the PHSO situation. See copy of my letter dated 10 May 2014 to Mr Barron copied below.

Mr Barron said that the Health Service Ombudsman had contacted him about my situation and saying that they had not received any letter from Daniel Poulter MP.

Mr Barron said at our meeting on Saturday last that Mr Poulter MP had sent a letter to him saying he had copied same to the PHSO and he had hoped that the PHSO would look at the matter again but the PHSO had confirmed to Mr Barron that they have not received that letter and had asked Mr Barron to send them a copy and then they would reply. No surprise there then I says.

Mr Barron did say on Saturday that as far as he could recollect he had not yet received any response from the Health Service Ombudsman as yet.

You can see from the copy of my letter as attached here that with my letter to Mr Barron MP I had also enclosed a copy of a CD with the sound recording made of the Defendant Trust’s Medical Expert (Mr Nigel Tubbs, Orthopaedic Surgeon) where Mr Tubbs can be heard confirming that the calcification (bony lesion) could be seen in the Bassetlaw Hospital x-rays dated 19/08/91, and the fact I had put this sound recording on my last blog, blog No. 52 dated 4/5/2014.

A copy of the sound recording made of the meeting with Mr Tubbs was filed and re-played in the Sheffield Court on appeal but when the Defendants solicitor Mikaler Cutts (Browne Jacobson Solicitors of Nottingham) shook her head vigorously the judge decided not to consider the contents therein.

Them at the Bassetlaw Hospital and their instructed solicitors had always fervently denied this fact, and had vigorously lied throughout, in their attempt to cover the backs of the medics.

Another obstacle I found myself facing in year 1999 and 2000 was with solicitors, judges and the courts;

Back in November 1999 Mr Tim Slow of Gosschalks solicitors of Hull had agreed to accept instruction on my case against the Bassetlaw Hospital & Community Services NHS Trust, which had been brought before the Worksop County Court back in 1998 under claim number WS 802466. He wrote to the Legal Aid Board and obtained a full certificate to act on my case.

Mr Slow was in receipt of the full Legal Aid Certificate but instead of him attending and representing me in the appeal hearing in the Lincoln Court on 20/12/1999, under Claim No. WS802466, he simply refused to attend. I had to represent myself in Court where and when His Hon Judge Inglis threw out my case and I had to appeal his decision via the Appeal courts in London on April 6^th 2000. The Judge had said there was a problem with the date of Limitation in my case but said he was not at liberty to say what that was. I was given incorrect information by the court as to which court I should appeal my case, and this had resulted in my having to make further applications to the appeal court in London once I discovered the RCJ in London to be the correct court of appeal.

At a meeting with Mr Slow in late January 2000 he was informed by me of how I had also protected a claim against the Suffolk Health Authority myself, and he agreed to handle that case and to apply for extension of time in which to serve proceedings and apply for Legal Aid cover on it.

Mr Slow had applied to the Worksop County Court on 21/1/00 for an extension to the time in which to serve proceedings. He made the application for the Bassetlaw case under Claim No. WS802466 and the Suffolk Claim under WS901336. He attended a hearing in the Worksop County Court on 11/2/00 where apparently only he and the judge were present.

On 25/2/00 at a court hearing when my husband and I, Mr Slow and Bassetlaw Trust's solicitor were present, District judge Hickinbottom refused to continue until such time he had made it very clear to both mine and also the defendant's solicitor that the Bassetlaw Hospital claim number being extended was that of WS 802466. He said it was being extended to allow the main body of the case to proceed, and both Mr Slow and the Defendant's solicitor agreed with him.

District judge Hickinbottom went ahead on 25/2/2000 and ordered that the request for an extension of time to serve particulars of claim under Worksop County Court Claim No. WS802466 be granted.

However, shortly after that hearing my own solicitor (Tim Slow) wrote the court advising that the wrong claim number had been allocated to the case on that date and the court went ahead and amended the order that had been issues by the court pursuant to Rule 40.12 CPR (known as Slip-Rule 15) to amend the Claim number from WS802446 to WS901318. The Judge did this after he’d had had both solicitors agree with him at the hearing on 24/2/2000 that the claim number being heard was indeed WS802466. Crooked or what???????????

I subsequently appealed the order made by His Hon Judge Inglis on 20/12/99 myself because Mr Slow insisted that he was unable to assist. I therefore went on to appeal the order in the Court of Appeal in London on 06/4/00 without having any legal representation. The case was heard under Claim No WS802466, and I was refused permission to appeal. See copy of the Order made by Lord Justice Mantell copied below.

After the hearing I was met outside the court by a gentleman whom I had seen sat in court, and as it turned out he was Mr Michael Pringshiem, a solicitor, one well known to the Law Society he said. He informed me that I had just been stitched up by the judge. He said he did not have time to discuss the matter at that point but I did eventually meet up with him on the following August Bank Holiday Monday where and when he reviewed all the Court Orders. He advised me that neither the solicitors not the Judiciary had adhered to procedure in my case.

I am also alleging that Mr Slow refusing to represent my case in the appeal courts in

London was done with intention of perverting the course of justice in my case.

It was after informing Mr Slow of the outcome of the appeal hearing in London, and that of my understanding of the hearing in Worksop County Court on 25/2/00, that he wrote advising me that he had applied for the extension of time in which to serve proceedings for the Bassetlaw claim under the wrong claim number. He advised me that he had wrongly used claim WS802466 instead of WS901318. He did not inform me until after the initial 14 days had passed in which time I could have insisted he appeal that particular Order.

However, Mr Slow subsequently went on, five months later, to make a further application to the Worksop County Court under WS802466. He informed the court in his accompanying letter that there were two claims under WS802466 and requested of them that they return the sealed documents for him to serve on the defendants himself.

This true story continues …….

NB: All copyrights reserved