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Getting all case papers from solicitor.

Getting all case papers from solicitor.

Postby Monkeybusiness » Mon Dec 25, 2017 12:42 pm

At the end of the case, where final payment has been sent and accepted by the solicitor when can I ask for all the notes, emails, correspondence that pertains to the case back.
I want attendance notes, emails between the solicitors, everything.
What can I expect and how long should it take to get it.
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Re: Getting all case papers from solicitor.

Postby dls » Sat Dec 30, 2017 1:08 pm

Exellent find
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
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Re: Getting all case papers from solicitor.

Postby Monkeybusiness » Thu Jan 04, 2018 11:04 am

Yes excellent find.

Question, do you have to pay for them?
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Re: Getting all case papers from solicitor.

Postby atticus » Thu Jan 04, 2018 11:12 am

You should not be charged for provision of what belongs to you. You have said that the bills have been paid, so there should be no question of the solicitors having a lien.
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Re: Getting all case papers from solicitor.

Postby Monkeybusiness » Thu Jan 04, 2018 11:46 am

How long should it take and how long do you give him to deliver?
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Re: Getting all case papers from solicitor.

Postby atticus » Thu Jan 04, 2018 11:49 am

Ask for the papers within 7 days. If you can, give a date and time when you will call at the office to collect them. That will save argument about who pays for postage, and risk of delays or loss in the post.

If the papers are immediately accessible, that should be enough time.
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Re: Getting all case papers from solicitor.

Postby b1969 » Fri Jan 05, 2018 11:12 am

It's worth noting that a number of people are seeking to exercise their subject access rights under Section 7 of the Data Protection Act 1998 to access these files. Clearly, those rights only entitle applicants to have their own data communicated to them, but data protection law specifically does not talk in terms of "ownership" of information, so it can be a misleading concept. Additionally, the recent Court of Appeal judgment in Dawson-Damer ([2017] EWCA Civ 74) advanced a relatively restrictive view of the DPA exemption for legal professional privilege, specifically that it doesn't extend to documents which are not subject to LPP as conventionally understood (that is to say, the privilege of withholding evidence about legal advice) but which are subject to a right of non-disclosure.
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Re: Getting all case papers from solicitor.

Postby Monkeybusiness » Fri Jan 05, 2018 12:22 pm

Sorry did not understand the last post but will research.
However I have just been informed by my ex solicitor that I have to pay for the 'file'.

He suggests that I was Bcc'd in to the majority' and points out that the PoC, opinions I already had via BCC. I told him what of the minority that in my opinion I have already paid for!
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Re: Getting all case papers from solicitor.

Postby atticus » Fri Jan 05, 2018 12:50 pm

Your solicitor's reply suggests that he may not fully understand your rights as his client. Consider sending him the RPC link.

This is not a question of subject access rights under the Data Protection Act.
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