My local council threatened to bring a case against us for school attendance. Our child is suffering from an undiagnosed condition that we have been fighting the system to get a diagnosis. We are currently fighting the case outside of court with the council and school. We were able to delay the council from bringing the case in front of the magistrate so thst we could gather the data needed to prove to them our position. We forced the school to release information that proved our childs condition was to blame and not parental neglect via section 15 of gdpr. The system is indeed broken , rather than aiding an already under pressure family, the state looked to add more stress, while completely ignoring the help our child needs. We are now I'm happy to say on the waiting list for neuro divergence testing.
@@wonderful-wafwaf Thank you, I am happy to report that the council backed down, and the school apologized. Not before putting us all through hell though. I made a point of saying that we felt pushed to the limits of breaking and that we felt the system was broken and needed to change.
I have learned so much since I came across you way back a few years ago now, cannot wait to see you hit that 500K subbs and then onto the 1M mark 🙂 Keep up the brilliant informative videos.
The Tories watered down legal aid ,so the people they was targeting ,could not fight their dreconian measures, I would expect the law to stand up and be counted , it needs to work in a smooth ,decent ,manner , that works for rich or poor , but it doesn't now . The law is allowing so many dreconian measures to be introduced, to me we need a brand new system , and the law rewriting and reorganising and open to all , so the public can have faith in a system , that's sadly lost , and we see this scandal after scandal , I myself have . I have no doubt Daniel does his best ,but he's trapped in the same system .
Another helpful video, yes making things easier for the judge / magistrates helps alot with a case, i refer to my own case with surrey county council over my late mothers care bills not only was i helpfull to the judge ie did everything I was told to I also helped the council's solicitor set up their claim against me as they didn't know were the paper work was that proved my late mother had done things correctly this resulted in Surrey county council dropping the case against me the day before the last hearing I still had to do a phone call hearing with the judge as it was during the pandemic hope this comment helps others understand the point your getting across. Yes I defend myself didn't have a clue what I was doing yet after 3 years of being in and out of court I won the case.
My mum tried to defend legal aid for people, it burnt her out so much and it was all for naught she's still very salty about it all I hate this gov for what they have done and their doing it simply keeps ppl vulnerable plain and simple
Found not guilty of “failing to stop for a uniformed officer” Sheriff said “these officers do not make credible witnesses” .Still cost me 4 different days off work and £705 in lawyers bill. If I lost , the local authority would have suspended my hackney operators and drivers licence! Justice? Police officers told a pack of lies for no reason, though my lawyer suggested they had been told they couldn’t go for their tea break til they had booked “X”number of people!
Thank you again for your clear advice. Unfortunately I’m one of those who wanted to ignore a contentious situation. Luckily though my husband wouldn’t let me as he always follows through any legal process just as you have advised us. 👍 Civil case was found 100% in my favour but as you rightly pointed out it was an uncomfortable experience. I was surprised at how thoroughly a judge sums up both sides arguments before revealing their finding. With no prior indication of their judgement. Nerve wracking!
Not just legal wise, but in general, paper trails and being proactive about incidents, the relevant people knowing as the things progress builds evidence on whatever the incident is
Daniel, I've been watching you regularly since the lockdowns. This was so well explained towards those without a legal background. Thank you for educating the public on such important matters that can happen to anybody. You've become a public service akin to Money Saving Expert. You have opened people's eyes to how real day to day law works out. Often folk have no idea until it is too late. Legal education should be taught alongside financial education. And thank you so much for making folk aware of scams as you come across them. And taking the shame out of things too. Know thy audience - you really do. James in Solihull. Without prejudice, no part of this message may be reproduced without written agreement, blah hahaha
All reputable, established building companies will agree a schedule of works and costs before the start of the job, including the payment arrangements (usually in stages as the job progresses to agreed points), which is put on paper and signed by the customer. Any additional works which arise during the course of the job, or are requested by the customer, will be costed and agreed before any such work is done. This way, everyone knows where they stand, throughout the process. The small, family-owned company I used to work for, used this process and never had any legal problems.
Absoultely correct.I had a fencing and slabbing etc general groundworks including drainage and so on buisiness which could entail some very complex works.I put together drawings, materials to be used and exactly everthing included to complete the job.It not only covers the customer it equally covers the builder.The trouble with the building trade is there are alot of so called cowboys but also some customers that will try and find fault for no reason. My litmus test was on larger jobs to take an advance deposit .If that was rebuked I would not begin.These days you have to pay for a hotel in advance or when you check in or a flight in advance so theres no difference paying a builder part of the value in advance towards material costs which can be many hundreds of pounds. However its always a gentlemans agreement that on completion if the work has been undertaken to a good standard the fee is settled.Its always a risk they havnt got the money.
In many situations it is not illegal to make covert recordings of a room when you are present - note that recording a phone conversation comes under specific legislation and is usually illegal because it's called 'wire tapping'. I've had a situation where I realised that a work situation was going to ultimately end up in a tribunal, so I started going to work with a dedicated digital voice recorder on a string round my neck under my shirt, so it was recording all day I was at work, and I kept all the recordings that were of interest. THIS IS NOT ILLEGAL, and the judge made no comments about that, except that he said I had to make transcripts of all the recordings that I still had. We ultimately settled out of court with them paying me £10,000.
A contract works goth ways. It's hot only the contractor that has obligations. The client has obligations too. The client must pay on time or risk additional payments for late payment. Additional work means additional cost and additional time. Clients often drag their heels with payments and expect extra work to be done for the original cost in the original time scale.
Interesting case where the defendant (civil litigation) did not bother filing witness statements to support its defense and is intending to go to trial without witness statements. Can you do a video on the importance of Witness statements in civil litigation and why a defendant (who did not really have a valid defense in the first instance) would choose to proceed without even trying to file a witness statement. This one has stumped a few solicitors now, and would make an interesting subject.
also how to label evidence so witness statement can reference evidence easily ANNEX A, B, C is limited to 26 I use ANNEX 1, 2, 3 is unlimited how to merge witness evidence into a hearing bundle how to create & update an evidence bundle interim hearings & for final hearing (trial)
If it is a major project it would be difficult for the tradesman to estimate how long it will take. He could make an educated guess but it would not be very good for the contract to say that the work would take some approximate length of time.
I am fighting a parking fine at the moment. I was driving on the M4 motorway approaching a service station that I didn't intend to stop at. It was raing very heavily and as I was getting near the service station my windscreen wiper blade broke and flew off of my car. I turned into the service station hoping to get a replacement but they didn't have any.I was there maximum ten minutes. I got back to my car and drove to the petrol station that was seperate from the service station about 100 yards away. They too had no blades so I had to call the RAC. Unfortunately they took 3.5 hours to get to me. They done the repair and left after about 20 minutes. It was still raining very heavily and I managed to get home. I thought no more about it until the dreaded parking fine for £60 dropped through my letter box. I thought that was really unfare as I obviously couldn't drive in the rain with no wiper blade so I refused to pay it. A few weeks later I received another demand this time for £100 fine which I also didn't pay. I contacted the RAC who agreed with me that I could not legaly or safely drive my car. (sorry for long rant) My third and what they said was my final letter was demanding £170 or they would take me to court. They were not taking any notice of my mitigating circumstances. Today I decided to go back to the Service station to check if they were breaking any rules. As I drove up to the entrance the sign was sideways on with another sign in front of it which made it impossible to see unless you stopped your car or parked in the layby further down the entrace road. When I got into the car park there were lots of signs although some were old and illegible. I took photo's and video of all this to support my case. I then drove the 100 odd yards to the petrol station where my car had stood for 3 and a half plus hours. There wasn't one single sign there saying that this was part of the service station car park and the two hour limit also applied. Thats where I am at the moment and waiting for to see what happens next. Any help and advise would be very much welcome...
Look up frustration of contract. Frustration, in essence, is when you cannot fulfil your contractual obligations due to reasons beyond your control. Breaking down is one such case.
Just to let you know as a last resort I called the service station and spoke to the manager. When I explained my situation she said she would cancel the fine and to ignore any more threats I got (I didn't know they had the power to do that) The next day a I got another threatening letter from the parking company. Then a week later they sent me another saying it was cancelled.
Might I suggest that often people pay money for work done without anything in writing because they feel they'll get it cheaper from the firm. They keep it on an informal basis.
I have a water company sending me invoices for a meter I don’t own . I pay for my water already and these crooks said they will send this bill to the debt collectors.
Well my minor problem is that a car I never knew I had registered in my name was parked illegally. The first thing I did was to return the registration document to Swansea as THIS IS NOT MY VEHICLE. RETURN TO SENDER. The next occurrence was that some lunatic parked the damned thing in an illegal location. Since then, I have been writing letters and emails to bailiffs.
Few nice points. Outside of your "house renovation" though best thing to bear in mind with anything broken is don't contemplate using it in the first place. If you've been shafted seriously consider cutting your losses, accept life is unfair, 9/10 it's not worth the time nor the cost - and move on. It's not TV and it's not America.
I sent a N2 44 application to the court on the basis that the applicant had filed an identical case previously and I had one, however the judge said there was no such thing as an N2 44 application for civil matters in the magistrates court and dismissed my application, what would have been the correct basis upon which to file a motion for the court to strike out the case for no reasonable prospect of success?
I am working through a claim against a builder and they did not submit a defence contrary to the court order so I applied for a default judgment but they again wrote to the Defendant asking for a defence…. Is this normal as it seems unfair
With regards to legal aid, you can get help paying for hearings if you are on benefits I had to do it with my case every hearing was covered by the government though I did represent myself not a good idea whithout legal advice after the final hearing the judge joked (I think it was a joke) that I should write a book about my experience
Would you call discrimination rediculouse or professional negligence or perverting course of justice or being threatened by your own solicitor or extreme biase in the tribunal or negligence by your own union. Would you regard any of that as rediculouse ???
Who is responsible cacil or police too enforce parking on pavements could you do a legal run down,. Yes wheelchair user...Also thank you for being on youtube to explain law...
Mr Barrister, I have a question. It’s an issue with an energy company. They have billed me for energy consumed in a property that was vacant. I was told the bill I received was based on estimates when the property was occupied. I said that I would pay the standing charge, but not the energy, as it was inaccurate. They asked me to take a meter reading. It was lockdown and a 4hr drive, so I asked or them to wait until I can go to the property. Fast forward a year I was told the readings were taken manually and as proof attached an excel document with the readings. I sent meter readings and reminded them that the building was vacant and therefore access would have been impossible. They then informed me that they could take the readings remotely, which begs the question of why would they have needed me to take a reading and why didn’t say this before involving solicitors? I sent this to the ombudsman which have ruled in the energy companies favour, based on the excel document. I will be appealing, but do you think it would be worth taking it further if unsuccessful? Thanks….and keep these types of videos coming.
Have you actually taken a meter reading from the site to confirm that no energy was being used? If you still have the property and it is now occupied would it not sort itself all out as at some point the meter would catch up with any estimate (unless I have misunderstood or it was a ridiculous reading).
@@mikeyewan I couldn’t take the reading for a while, but they have been sent meter readings from when the new tenants lease began. The photos were taken quite badly, which is why they can’t accept them. You can clearly see the numbers, but I don’t know what they mean. The energy supplier isn’t helping in this respect. Apparently an excel doc is more convincing.
Couple of questions ref your 2 million claim; how does this get past past the claimants solicitor , as the court found it to have no substance ; and take 5 years which is an awful stress in itself ?
I'm curious if you have any planned content around the upcoming vape bans in Australia? I've been reading over a lot of the stuff that they are saying and bringing into law within their country and there are various dare I say lies and deceptive statements being used around it helping people to quit smoking. For example they claim there isn't any evidence to support the fact that vaping helps to quit smoking (this is said on their government health website) and yet there are hundreds of health studies done over the past 20 years that prove that it does indeed help. Even the NHS says it is indeed a proven method to quit smoking and they give a ton of advice on their site. It truly does feel as though they are trying to force people back to smoking for reasons that I'm sure everyone can imagine. I no longer smoke or vape, however vaping was a huge step in me giving up smoking and improving my overall health and along the way I have met hundreds of people that it has helped in exactly the same way and it seems truly evil to me that they wish to deprive people of that.
As I sit here in the United States vaping, I can testify 100% that vaping helped me quit smoking 12 years ago. Since then, I have slowly reduced the amount of nicotine in the vape oil I use. It is now very low. I bought a gadget called a Füm that is a hand-held, vape-type device that delivers flavored air with no chemicals whatsoever. It's helpful for reducing the amount of nicotine that I consume. I'm 67 years old and have smoked on and off since I was 14 years old. It's a really uncomfortable withdrawal from nicotine. This has helped tremendously!
Yet when I defend a known homeless person against a crackhead and get battered myself and knocked out I get knocked down by the judge from £100 per day missed to £70 per day.
Written contracts aren't worth much to a court. Too many ways to talk your way out of the details. The best way to secure that written contract is to have all your questions prepared in advanced and video the entire conversation. Video evidence is irrefutable and extremely hard to defend against.
