On Thursday 01 December 2011 21:14:39 Vic wrote:
> > - threaten to sue their ass, mention the name of a good solicitor.
>
> I have a maxim by which I stick: never threaten to sue unless you really
> intend to.
>
> Aside from it almost always being a clear sign of someone with no legal
> representation, it also means you've misunderstood the first rule of
> courts: the lawyers are the only ones who win. If you go to court, you
> will lose. It only makes sense if you end up losing less than you would
> have done otherwise.
>
> As I've heard elsewhere, "a good lawyer can help you win in court. A great
> lawyer will keep you out of the court altogether".
>
> If you do end up on the litigation path, I've found the Small Claims Court
> to be most effective. And if you do end up in front of a judge, make sure
> you've got all your data readily to hand[1].
The real small claims court no longer exists. You have to go down the full
application path and persuade the Judge when you go for directions that you
should be assigned to the small claims track. And some of the civil
procedure rules apply to such applications, when previously they did not
apply in the small claims court, to which you could apply directly.
It isn't just that a lawyer will almost always beat an LIP (Litigant In
Person), a person of higher rank will almost always beat a person of lower
rank, no matter what the case is. It isn't what is said that matters, it is
who said it.
The ranks, starting at the bottom, are:
1) LIP
2) Junior (barrister who has not taken silk) (Translating: who has not been
elevated to the rank of QC (Queen's Counsel))
3) QC
4) QC regarded as superior (for any reason) by his fellow QCs and the Judge.
I learnt this the hard way, appearing in the High Court as an LIP for three
years. It has left me with a much better knowledge of the law and its
procedures than I would wish to have. :-(
I echo Vic's warnings. They may call your bluff. So don't bluff. And
remember that litigation is a very, very expensive process. That £10,000.00
legal cover that house insurers often package in with house insurance would
barely get you as far as the courtroom door.
Lisi
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