This page contains illustrative examples of how cases are dealt with by the Unit in conjunction with advice agencies and solicitors. Please note that help cannot be offered through the Unit where public funding (Legal Aid) can be obtained for the work required.
1. Property
The clients, referred by a Law Centre, were defending a claim in the County Court for possession of land. The case concerned a small piece of land which was disputed between neighbours. The clients’ case was that they had been in possession for over 12 years and that therefore the land was theirs. The Law Centre had assisted the clients in preparation of their witness statements, but the case was hotly disputed, and was a tangled web of allegations and difficult issues of law. There was potential for the clients losing and having to pay costs to the other side; the case seemed very difficult to settle. The Unit barrister advised in clear terms and facilitated a settlement being negotiated by the Law Centre whereby a lease of the land was granted to the clients at a nominal rent, without their having to pay any costs.
2. Conditional Fee Arrangement
The client, referred by a CAB, had been in dispute with a builder in connection with works on her house. Due to the unpaid building costs, the builder had obtained rights over the house, entitling him to sell it in order to have his bills paid, and the right to appoint a person (a receiver) to manage the sale on the client’s behalf. But the work on the house was unfinished and had ground to a halt. The client had arranged a sale of the house, but the receiver would only allow it if the client signed an acknowledgement that the receiver’s appointment was valid. The client had signed it under extreme protest. The Unit barrister advised that the client had good prospects to apply to the High Court to have the acknowledgement set aside, and she was able to use that positive opinion in order to find a solicitor who would act for her on a Conditional Fee Arrangement. The later went on to win her case.
3. Coroners Court
The client, a doctor – referred by solicitors, wished to challenge a decision of a coroner not to hold an inquest into the death of his mother. The client believed that his mother had died from a drug-induced coma and dehydration, rather than cancer. The Unit barrister, having considered all the evidence, advised in detail that the client’s proposed claim was unlikely to succeed. The client was saved the further distress of pursuing a claim which would be unsuccessful.
4. Employment
The client, referred by a CAB, claimed unfair dismissal, outstanding wages, and discrimination. The client had a very limited understanding of the English language, and part of his case was that those difficulties had been ignored, not least for the purposes of the disciplinary procedures. The CAB had assisted the client in putting together his application to the Employment Tribunal and preparing his statement, but did not have the resources to permit representation on the hearing dates. After the Unit barrister had advised and represented at the tribunal, the CAB were able to reach a settlement on favourable terms, after the Unit barrister had advised that the terms on offer from the employer were reasonable.
5. Employment
The client, referred by an Advice Centre, sought assistance in a claim for unfair dismissal against a firm of solicitors. She claimed that her employment had been terminated as a result of her health problems, when her transplanted kidney ceased to function. The case was complex, and the Advice Centre considered that they did not have the expertise to take the matter forward at the hearing. The Unit barrister advised and represented her at the Employment Tribunal. The case was settled on favourable terms.
6. General civil
The clients were an elderly couple, referred by solicitors, who sought to pursue claims arising from a serious fire at a garage adjoining their house, which had left their house and garden contaminated by asbestos. They sought advice on the possibility of bringing claims against the garage owner and the local authority. The Unit barrister advised that any claim was against the garage owner alone, and should be based on the amount of time the nuisance persisted, with a further claim for their distress and inconvenience during the time they were away from their home and unable to use their garden. The clients were able to understand why their claim against the local authority would be unsuccessful, thereby saving them from the risk of running a losing case with adverse costs consequences.
7. Nursing/employment
The client, referred by a nurses’ welfare body, had been charged with professional misconduct, specifically with causing injury to an elderly patient in her care. The client’s livelihood was therefore under threat. She sought representation before her Professional Conduct Committee, at a 2 day hearing. The nurses’ welfare body did not have any expertise in advocacy, but were able to assist the Unit barrister to understand the effect of the expert evidence against the client and highlight its weakness. After the Unit barrister’s representation, the client was cleared of all 3 charges against her.
8. Personal Injury/Criminal Injury Compensation
The client, referred by a CAB, was unable to obtain public funding for representation at an appeal hearing. She had applied to the Criminal Injury tribunal for compensation after having been sexually abused both in England and in France. She had not however recovered compensation for her psychological distress, as the tribunal had been unable to be satisfied that the relevant abuse causing such distress had in fact occurred in England. The Unit barrister met with the applicant, assisted her in preparing a further witness statement, and provided advice and representation at the appeal. This resulted in an increase of the award to cover the psychological distress.
9. Civil/consumer
The client, referred by an Advice Centre, was appealing against an order to pay damages (for breach of contract) to a window supplier, who had sued him in the County Court. The client had been persuaded by a salesman to order new windows for his home, and when supplied they had been wholly unsatisfactory. However, the client was initially unsuccessful at the County Court and found that an order for payment had been made against him. The Unit barrister advised and assisted the client in preparing his appeal against the order. The Unit barrister then represented the client in the Court of Appeal where the client’s appeal was successful.
10. Civil appeal
The client, referred by an Advice Centre, requested assistance in a professional negligence matter - concerning purchase of a farm - against his former solicitors. The client had bought the farm, but the purchase turned out to be disastrous. His case was that the solicitors acting for him had been negligent; in turn, the solicitors contended that the client had himself been negligent. He had acted for himself at the first hearing, which had been lost. He was appealing to the Court of Appeal, arguing that the judge had made an error of law. There was no public funding available. The Advice Centre were able to help the client prepare all relevant papers for the hearing but could not represent him because they did not have the right to appear in the Court on his behalf. The Unit barrister advised, on the basis of the papers, that there were good prospects, but that it was unlikely that the client would be able to recover all his losses. The Unit barrister then represented at the appeal, which was successful, but only to the extent of 40% of the claimed loss.
11. Pension
The client, a former policeman - referred by a CAB, sought assistance with his appeal against forfeiture of his police pension. The client had been convicted of drugs offences, and sentenced to prison. However, at the time of his sentence, the Court had not been told of the possibility of forfeiture of his pension rights, as later guidelines suggested should have been the case. Thus, the client was being ‘additionally’ (and unfairly) punished by withdrawal of his pension. The Unit barrister advised and represented on the appeal, which was successful. The client’s pension entitlement was reassessed in his favour.
12. Other
The client, referred by an Advice Centre, sought assistance in respect of his appeal against a decision of the Court of Protection which had refused his application to be appointed as a formal representative for his son, who was brain-damaged and had earlier received a large medical negligence settlement. The client had been dissatisfied with the conduct of the existing representatives of his son (being the solicitors who had acted in the medical negligence case). His case was that the solicitors were not acting in the best interests of his son, instead being more concerned with earning their fees. The Unit barrister advised and represented the client at a Court hearing; the outcome was successful on all issues; the client was appointed as the new representative and was directly able to use the settlement sums in the care of his son.
13. Crime
The client, referred by his solicitors, sought representation on an appeal against a Crown Court conviction for assault occasioning actual bodily harm. The solicitors had prepared grounds of appeal. The Unit barrister represented in the Court of Appeal, which allowed the appeal on one of the grounds, namely that hearsay evidence had been wrongly admitted by the Judge. The conviction was quashed, and no re-trial ordered. Legal aid was granted retrospectively.
14. Housing
The client, referred by a Law Centre, sought assistance in connection with a dispute with his landlord. The client was being sued in the County Court for rent arrears and damage to property; he in turn was counterclaiming for damages due to the landlord’s failure to repair the property, which had led to inadequate heating and severe damp and mould. The Law Centre had assisted the client in getting his case ready for the hearing, by helping him with Court documents, but considered that it did not have the ability to represent the client in the County Court. The Unit barrister advised and represented the client at the hearing. The landlord’s claims were dismissed, and the counterclaim succeeded in full, the client’s evidence being preferred to that of the landlord. The client was awarded a substantial sum for living conditions described by the Judge as ‘appalling’.
15. Family
The client, referred by a Law Centre, was under threat of violence from her ex-partner and was concerned for the welfare of herself and her children. She had commenced a claim in the County Court, further alleging that her ex-partner’s drug use contributed to his unpredictable behaviour. The Law Centre prepared the documents for the hearing; the client was seeking a non-molestation order, and an order covering contact and maintenance. The Unit barrister represented at the hearing, as the Law Centre considered that specialist advocacy was needed in this matter of some importance for the client. The non-molestation order was obtained, with a power of arrest should it be broken. A child contact schedule was also arranged, and set for later review.
16. Welfare Benefits
The client, referred by a Law Centre, had been refused incapacity benefit. He had been involved in a serious motorcycle accident, which had left him unemployable. He was unable to undertake physical work, and his facial injuries had left it difficult for him to communicate. The Law Centre did not have the resources available to allow one of its advisers to represent the client at the Tribunal. The Unit barrister represented at the Tribunal, and the client was successful in obtaining benefit.
17. Mediation
The client, referred by a CAB, requested assistance with a claim against the Civil Aviation Authority. The client had a received a pilot’s licence from the Authority, but a prospective employer, upon checking with the Authority, had been told – so it was said - that the conditions of the licence had not been fulfilled. The Unit barrister advised and represented the client at a mediation, and the case was settled on favourable terms.
18. Other/Employment
The client, referred by a CAB, had qualified as a doctor in Brazil and then gone on to undertake continuous training and practice in neurosurgery. However, the General Medical Council had refused her application for full registration as a doctor in the UK, since it considered that her experience was less extensive than that required for the UK, since she had not undertaken a particular required test. The client wished to appeal the decision. The CAB considered that specialist advice was needed. The Unit barrister advised that under European Community law, the client could not be required to take that test, since she had an equivalent qualification and European law required freedom of movement of doctors and mutual recognition of diplomas and certificates. The client’s appeal was allowed and she was granted full registration in the UK.
19. Discrimination
The client, referred by a CAB, had brought claims in an Employment Tribunal for unfair dismissal and sex discrimination. She had notified her employers of her pregnancy, but thereafter her employers had dismissed the entire workforce on grounds of redundancy. However, shortly afterwards, several of the employees were taken back, including 2 who had been doing the same job as the client had done. The CAB had assisted the client in preparing her claim, but the matter was complex and becoming more weighty. The Unit barrister advised and represented at the hearing, and the tribunal found that the client had been unfairly dismissed and discriminated against because of her sex. She received a substantial award.
20. Professional negligence
The clients, referred by a Law Centre, had instructed solicitors to act in relation to purchase of a property. Their plan had been to extend the property, and there was a dispute as to whether the solicitors had been told this. When the building works commenced, it was discovered that a sewerage pipe was in the way, and would have to be diverted at great cost. This was not financially feasible, and so the project was abandoned, and the property sold at a loss. The solicitors had not made any general drainage enquiries, nor told the clients that they were possible to be made. The clients, acting as litigants in person, had already started a claim against the solicitors in the County Court. The solicitors’ insurers were fighting the case hard, and with an expensive legal team. The clients would face a significant costs bill if they were to lose the claim, or give it up. The Law Centre considered that specialist advice was needed. The Unit barrister gave advice and assisted at a negotiation meeting, at which a satisfactory settlement was achieved.
21. Judicial Review
The client, referred by a CAB, was unhappy with plans being made by a local authority in connection with the use of a community centre. The centre was to be demolished, and the various groups who used it were to be relocated elsewhere. The client considered that the local authority’s decisions had been wrong. He had already brought an application in the Administrative Court, seeking judicial review of the key decision already made. The matter was complicated, and the CAB had little experience of such applications. The Unit barrister advised that this application would fail, since it was brought outside the time limits – the decision complained of had been taken some time ago. The client withdrew his application; had he not done so, there would have been adverse costs consequences for him. However, there were also decisions yet to be taken by the local authority in the future. General advice was given by the Unit barrister as to the means by which the client might further address his concerns, if necessary by bringing an application for judicial review of such later decisions.