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Representing yourself in court for malicious prosecution

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Justiceplz | 10:48 Fri 03rd Jul 2009 | Civil
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Last year I was prosecuted for benefit fraud from my local authority which I won, however their case was very flawed and I ultimately lost my job and a large sum of money not submitting to the bullies....The authority are waiting for our compensation claim and have their insurance company ready - they will only deal with a lawyer. We cannot afford a lawyer and haven't had any success with no win no fee so the only alternative is to represent ourselves. We have heaps of good evidence + witnesses and just need advice on presenting this so we don't get slaughtered and of course to set the compensation fee. Does anyone have any ideas? I particularly need to know how to find out previous similar cases. I have time on my hands but want to make my intentions known to the authority.
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You will need to check this up, but surely your legal costs should be met by the other side. I would suggest you contact a local firm and explain the situation to them, a consultation is usually free.
Good luck.
Question Author
Thanks for your response, we have contacted nearly every local law firm, 1 took it up and then did nothing for 6 months, most are saying because of the economic climate they're not taking on no win no fee cases....I've never hear do of a poor lawyer.....The Law Society are helpful and are now advising we go further afield, i.e. London!
Your costs will only have to be met by the other side if you win. This one will be a civil case, not a criminal one.
The Law Society will of course be always very helpful in finding you another lawyer - remember in whose interests this professional body represents? Three guesses, but you should be able to get it in one.
I suppose one solution is to settle out of court - they will invariably make such an offer anyway before the thing comes to trial.
Question Author
I appreciate your comments and I am aware of costs, even tho I won my case last year the only costs I was entitled to were for the car park! If we can't get a lawyer, and I have little faith in them anyway, I will do it myself but I don't know where to start, or where to find out previous cases that have possibly set a precedence (?). One of their witnesses is willing to witness for us, we have a ruling from the IPCC that their investigation was flawed and from that they infringed the Data Protection Act this is just for starters but lawyers are reluctant to take on the case cos it puts their practice in question....Catch 22.
Do you have any house or contents insurance policy? If so, it may be that you have legal expenses cover as part of the policy. Worth a check.

Apart from that, if I've interpreted it correctly it seems from your last post the local law firms are reluctant to get involved because it might adversely affect their relationship with the local authority. I would think this unlikely, but if it is the case then trying to find a firm outside your local area might be a good idea. (But if you go to London firms the fees are bound to be a lot higher!)
Question Author
Thank you for your response, there is an element of local prejudice - it's a nest of snakes as the LA shares services with a neighbouring authority & the one solicitor who could take it on is working for them....
Essentially without a lawyer I need to do this myself and that's where I need help!! I was bullied into going to court (they wanted to give me a warning but I knew I was innocent!). We - as the 'little people' need to put a stop to this type of conduct or we will slip further into a dictatorship.
You need Barmaid for this.......(she does not serve drinks)....do a FAO post and she may respond....I think she's a barrister........
Question Author
Thanks for all your help, everyone, still getting used to some of this jargon! Be interesting to know if anyone else has had a similar experience with over zealous investigators in Local Government who use the PACE act like a bus ticket! Also should Local Government investigators be allowed to be Special Constables, the one investigating us is/was (we are working on it!) and used his access to information to inflate his case against me.
Thanks again and any further advice would be welcome!

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