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How to change legal aid solicitor/submit my own affidavit

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How to change legal aid solicitor/submit my own affidavit

Postby mkfc13 » Sun Feb 25, 2018 9:30 pm

Hi,

I have a civil bill harassment injunction put against me and I defend in person for 3 months without a legal representative and professional interpreter.

I was given an interim injunction with the followings details:

IT IS ORDERED THAT:

THE INJUNCTION


Until 12 noon on DD-MM-2017 or further Order in the meantime The Defendant must not:

1. Assault, threaten, molest, harass, annoy or otherwise interfere with the Plaintiff and the Plaintiff's family.

2. Contact or communicate with the Plaintiff directly.”

The full hearing would be on DD-MM-2017.

I got a Legal Aid solicitor to discharge my injunction, countersue and counterclaim the plaintiff. This is agreed with the solicitor after our first meeting and promised to do so in time before the full hearing.

However, for the period of nearly 6 months since, we had a total 3 hearings plus another hearing coming soon, but no application for my first defending affidavit, countersue and counterclaim that is promised by the solicitor in an earlier meeting before the first full hearing should be submitted.

The coming 4th hearing, I don’t think I can communicate with the solicitor anymore, and so I hope to submit my own affidavit or any documents that will be accepted by the court for the Judge to understand my side of the story and give me time to adjourn to seek legal advice on what I should do.

How do I submit my own defence and counterclaim affidavit?

Can I change my Legal Aid solicitor?

How do I apply for a professional interpreter that is accepted by the court?

Or maybe any other advice would be welcome.

The case is based in Northern Ireland.

Thank You in advance.
mkfc13
 
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Re: How to change legal aid solicitor/submit my own affidavi

Postby dls » Mon Feb 26, 2018 10:31 am

First, and above all, welcome.

We must be cautious. You are in Northern Ireland. There will be differeces from tle law and practice in England and Wales. It is not possible, from here, easily to predict those.

You need to understand the way courts generally think about these things. It is merely ordering you not to do things which you should not be ding whether or not there is an injunction. A request for the order to be lifted can look like a request to be free to do these things. You need to be absolutely on top of and up front with this. What really good reason can you put forward for for needing it to be lifted. It is a bit of logic which you have to take on board.

The second element to look out for is to avoid continuing the argument. All te court wants you both to do is to climb out of each others lives and get on with your own and separate lives. Continuing the argument, trying to have the last word, does not look good to the court

To what extent is it possible for you to say: "I admit nothing of what is alleged against me, but see no purpose in continuing the dispute. I undertake not to do the things you have ordered me not to do, understanding that my undertaking has a similar effect to the order.'

You do have a right to dismiss your sliciotr and act for yourself. Once acting for yourself, it is up to you and the rules to settle what further evidence you requireBe careful however as to the consequences in costs. In EW, I would be surprised that you got legal aid. You would normally need to show good reason for changing yor solicitor.

The aboe observations are general only. Situations differ substantially.
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