Obtaining an order to gain access to case notes

[Ilovelucy]

Hello,

I hope that someone may be able to help me with this one.

The issue is as follows : I asked my father for representation as I required representation for a civil case.

My father appointed a solicitor who I never actually got to see and my father ignored me for the duration of the representation which essentially meant, that I did not speak to the solicitor or my father until it was too late to do so and was left out in the cold, as it were and I was in fact a key witness and the case could have been won.

The solicitor, went for an exit strategy and ultimately, no order was made against me.

But, the main point is this, as time has progressed the more I find that my father has stitched me up really badly and he will not release the case notes.

I have asked the solicitor for them who has said that my father must provide consent but my father will not do this and I have asked in writing three times.

Therefore, what I would like to do would be to apply to the court for an order to obtain the case notes as I believe I have sufficient grounds for the request to be granted.

But I have no idea which form to fill in, so any help along that line would be most useful.

Any suggestions ?

[dls]

May I ask, are you of full age?
If so, I cannot see how a solicitor can manage this.
A fundamental duty on a solicitor is to establish just who his client is and to take instructions from that person.
He must have your authority to speak for you at court.
It may all depend on the exact details and circumstances, but there are unlikely to be any adequate explanations available
Was this a small firm?

Ask them whether they accept that you are their client. Tell them they have 7 days to answer or you will take the matter to the Solicitors Regulation Authority. Ask them for the relevant SRA numbers for the solicitor dealing with the matter and for the firm.

Keep it as simple as that.

[Ilovelucy]

Hello David,

Thank you for the reply.

I am 52 years of age now, but feel more like 35.

My Father has always been highly abusive and has gone to a great deal of expense in trying to make sure I did not win a case that should have been won and the consequences of that are quite dire.

The solicitors are not a small firm but they took instructions from my father and he was their client. But, I had asked my father for representation and he supplied it on his own terms, he did not discuss any aspect of the case with me at all at any point and neither did the law firm, which was crazy but I was in no position to actually so anything about it up until now as since January, everything that has always been going down here in terms of harassment from others has been seriously bad but according to my father, I had made it all up . . .

My father has always done this and I know he will not release the notes because he has defamed me in there somewhere and is getting a real kick out of having read reports that are about me that I am not allowed to see.

My father is a life long abuser and this is just another example of the abuse and that is why I would like to obtain an order to get the notes because what he has done is crazy.

Rob.

[dls]

Did the case name you as a party?

[Ilovelucy]

Yes, it was me and a housing association.

[Slartibartfast]

My father has always done this and I know he will not release the notes because he has defamed me in there somewhere and is getting a real kick out of having read reports that are about me that I am not allowed to see.

My father is a life long abuser and this is just another example of the abuse and that is why I would like to obtain an order to get the notes because what he has done is crazy.

Walk away from him, Rob. Getting into a legal battle over this will give a fresh platform for further disputes and controlling behaviours, further accusations and abuses. If you want your freedom, pack a bag and move 200 miles away, start again.

[Ilovelucy]

Thanks slarty I shall pack my bags.

[dls]

Slart may easily be correct as to your father, but only you can say, and there may be detritus from the action to tidy up.

There is often great virtue in being big enough to walk away. If that is what you think right, then you might do no more than sort out whatever really must be sorted out.

The situation with the solicitor should be capable of being resolved in your favour. It sounds as if they have it wrong.

[BoJangles]

Have you asked the solicitors why they deem consent from your father is necessary when he was not a party to the action?

[faithless]

Have you asked the solicitors why they deem consent from your father is necessary when he was not a party to the action?

Yes, we aren't being given all the info, are we?

We can't really help as much as might be wished if posters only give us half the story. Regardless of who pays, I cannot see that the party to civil proceedings is not in law the client of the solicitors. I should like them to try to prove otherwise in front of a judge.