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Litigation friend for co-victim ?



 
 
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  #1  
Old October 27th 08, 04:35 PM posted to uk.legal.moderated
Ian Jackson
external usenet poster
 
Posts: 144
Default Litigation friend for co-victim ?

As this group knows, I was recently the victim of a road traffic
crash. I've just today issued proceedings against the driver.

I haven't heard much from the other innocent victim (who is also of
course a witness) - we exchanged names and addresses at the time, and
have since sent each other copies of our letters of claim, but nothing
substantial beyond that.

Based on the behaviour of the defendant's insurers towards me it seems
likely that they're stalling. Would it be wise or unwise for me to
offer to act as a litigation friend to the other victim ?

If it would help me I would certainly want to offer; I might well want
to do so anyway out of sense of goodwill towards my co-victim and of
course out of my ill will towards the defendant's insurers.

My co-victim's claim is a simple property damage claim for a smallish
sum - a few hundred pounds at most I think, although I don't actually
know at the moment.

--
Ian Jackson personal email:
These opinions are my own. http://www.chiark.greenend.org.uk/~ijackson/
PGP2 key 1024R/0x23f5addb, fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657

  #2  
Old October 28th 08, 03:25 PM posted to uk.legal.moderated
Scary Lee
external usenet poster
 
Posts: 22
Default Litigation friend for co-victim ?

On Oct 27, 4:35*pm, Ian Jackson
wrote:
As this group knows, I was recently the victim of a road traffic
crash. *I've just today issued proceedings against the driver.

I haven't heard much from the other innocent victim (who is also of
course a witness) - we exchanged names and addresses at the time, and
have since sent each other copies of our letters of claim, but nothing
substantial beyond that.

Based on the behaviour of the defendant's insurers towards me it seems
likely that they're stalling. *Would it be wise or unwise for me to
offer to act as a litigation friend to the other victim ?

If it would help me I would certainly want to offer; I might well want
to do so anyway out of sense of goodwill towards my co-victim and of
course out of my ill will towards the defendant's insurers.

My co-victim's claim is a simple property damage claim for a smallish
sum - a few hundred pounds at most I think, although I don't actually
know at the moment.

--
Ian Jackson * * * * * * * * *personal email:
These opinions are my own. * * * *http://www.chiark.greenend.org.uk/~ijackson/
PGP2 key 1024R/0x23f5addb, * * fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657


You can't be a litigation friend unless the party you want to assist
is either a protected party (used to be patient) or a child, and then
only in certain circumstances.

Be careful about conducting litigation on his behalf without authority
to do so under the Solicitors Act 1974 and the Courts and Legal
Services Act 1990.

  #3  
Old October 28th 08, 04:40 PM posted to uk.legal.moderated
Ian Jackson
external usenet poster
 
Posts: 144
Default Litigation friend for co-victim ?

In article ,
Scary Lee wrote:
You can't be a litigation friend unless the party you want to assist
is either a protected party (used to be patient) or a child, and then
only in certain circumstances.


Oh, I seem to have jumped from the fact that nowadays you're allowed
to have someone useful come with you to court, and the presence of
`litigation friend' on forms, to a conclusion that a friend who helps
you with your litigation is what its termed a `litigation friend'.

But from what you way that's not what a `litigation friend' is.

Be careful about conducting litigation on his behalf without authority
to do so under the Solicitors Act 1974 and the Courts and Legal
Services Act 1990.


I wasn't thinking that I would sign anything on my co-victim's behalf
or anything of that kind. Certainly not without first being very sure
that that was allowed, and from what you say it wouldn't be.

But I could help with drafting and proofreading of letters, giving
informal tips and so on. Just the kind of thing that goes on in this
newsgroup, or down the pub, really.

If I did that, though, would I compromise my co-victim's value to me
as a witness in my own proceedings (and indeed my own usefulness to
them as a witness in theirs) ?

--
Ian Jackson personal email:
These opinions are my own. http://www.chiark.greenend.org.uk/~ijackson/
PGP2 key 1024R/0x23f5addb, fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657

  #4  
Old October 28th 08, 11:05 PM posted to uk.legal.moderated
Scary Lee
external usenet poster
 
Posts: 22
Default Litigation friend for co-victim ?

On Oct 28, 4:40*pm, Ian Jackson
wrote:
In article ,
Scary Lee wrote:

You can't be a litigation friend unless the party you want to assist
is either a protected party (used to be patient) or a child, and then
only in certain circumstances.


Oh, I seem to have jumped from the fact that nowadays you're allowed
to have someone useful come with you to court, and the presence of
`litigation friend' on forms, to a conclusion that a friend who helps
you with your litigation is what its termed a `litigation friend'.

But from what you way that's not what a `litigation friend' is.

Be careful about conducting litigation on his behalf without authority
to do so under the Solicitors Act 1974 and the Courts and Legal
Services Act 1990.


I wasn't thinking that I would sign anything on my co-victim's behalf
or anything of that kind. *Certainly not without first being very sure
that that was allowed, and from what you say it wouldn't be.

But I could help with drafting and proofreading of letters, giving
informal tips and so on. *Just the kind of thing that goes on in this
newsgroup, or down the pub, really.

If I did that, though, would I compromise my co-victim's value to me
as a witness in my own proceedings (and indeed my own usefulness to
them as a witness in theirs) ?

--
Ian Jackson * * * * * * * * *personal email:
These opinions are my own. * * * *http://www.chiark.greenend.org.uk/~ijackson/
PGP2 key 1024R/0x23f5addb, * * fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657


OK. You should be very careful about running someone else's case for
him for your own benefit. At best, the Court won't like it. If he
wants to pursue an action, he should do so.

It will look awkward if you appear to be acting for yourself and your
witness. It may make it look like you are dictating your witness's
evidence which will damage your credibility and his too. The opponent
will jump on that.

I wouldn't do it.

 




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