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Dear Our Lawyer,
In June 1974, a tree root from the garden next door grew through the side
of our new polystyrene pond, causing subsidence to a gnome. My neighbour
refused to compensate me for the disaster, and my solicitor sought counsel's
advice. He recommended that I go to court; the case took five days, mainly
because a number of what my counsel described as fascinating legal points were
involved, and I lost it. Costs ran to five figures.
As I was short of money, I sought time to pay, and took a second job as a
nightwatchman, where, after three days, I was struck on the head with a lead
pipe. The company dismissed me, and counsel insisted that I sue them for
unfair dismissal. During the hearing, it transpired that I had been asleep
when struck on said head; the dismissal was upheld, and costs were given
against me. They were also given against me in the case I was advised to
bring against my other employer who had dismissed me on the grounds that I had
been off work for two weeks to attend a hearing about being unfairly dismissed
from my second job.
Now unemployed, I could not find new work due to shooting pains in head
where it had made contact with lead pipe; my lawyer sought compensation from
the Criminal Injuries Board, unsuccessfully, for which I had to pay him a
considerable fee. I was forced to sell my house, but did not get as much as
I had hoped because of legal fees involved, and since my wife did not fancy
living in two rooms, she left me, and sued for divorce on grounds of cruelty.
My lawyer strongly recommended that I defend the action, which I lost, the
costs being awarded to my wife, and as I left the court I tripped on a broken
paving-stone and dislocated my hip. My barrister, who had seen the incident,
immediately initiated a negligence suit against Westminster Council, who not
only won, but also successfully counterclaimed on the grounds that my hip had
struck a litter-bin as I fell which was damaged beyond repair.
So was my him; but the Medical Defence Union, defending the doctor I had
been advised to sue for malpractice, employed the services of three QC's, and
I had no chance, since I was now heavily overdrawn and could only afford to
defend the action myself. The case ran for three weeks, due to all the time
I spent limping backwards and forwards across the court.
I am about to go bankrupt. What I want to know is, is it possible to sue
a barrister?
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No.