Can Claimant bypass his Solicitor to contact defendant with demands?

P

pshell

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I am defending myself in a case brought by a total nutter. Now, because he is in a dispute with his Solicitor (they are trying to get taken off record as his sols because he is so much aggravation to them) he has started contacting me direct by email. From the beginning of this case I've insisted he deal through his Solicitor without contacting me directly (because of harassment in the past). He is now sending several emails every day, often 2 or 3 pages long, and makes accusations and demands for information and threatens me with further Court actions which I am sure he would fail in, but having to deal with all of it is too much for me.

I've told him that the Court instructed me to continue to communicate through his solicitor of record until they are no longer on record but he refuses to stop contacting me saying that they are no longer representing him (even though he is fighting their efforts to be taken off record). According to what the Court tells me, and this is backed up by the Civil Procedure Rules which I have read, as long as his solicitors are on the record, they are still representing him.

I've contacted his solicitor and they do not reply back. Obviously I am caught in the middle. I've contacted CAB and they say this is out of their realm of advice and I am unable to get legal aid of any type. I'm desperate to know how to get this guy off my back!
 
I don't know the answer to your original question, i.e. "Can Claimant bypass his Solicitor ...", but I wonder if it might be a good idea to email him (cc'ing his solicitors), insisting that you can not deal directly with him and to have his new solicitors contact you when they are appointed? Then perhaps block his email address altogether? Perhaps contacting your service provider to report his emails?

What sort of contact have you made with his solicitors? Have you tried sending a registered letter for them which might be a bit more difficult to ignore?

I hope you get some helpful advice soon, sounds like an awful situation to be in.
 
I infer that you do not have a solicitor to represent you. If you had, you could direct that all correspondence be addressed to your solicitor, and you could forward all correspondence that you receive to him or her.

So long as the court takes the position that the claimant is represented by his solicitor, you should deal only with that solicitor. It might be good for your peace of mind not to open any emails received from the claimant. Mind you, if his solicitor does manage to come off record, you might have a problem. Perhaps you need a solicitor to act for you, and be a buffer.
 
Padraigb said:
I infer that you do not have a solicitor to represent you. If you had, you could direct that all correspondence be addressed to your solicitor, and you could forward all correspondence that you receive to him or her.

So long as the court takes the position that the claimant is represented by his solicitor, you should deal only with that solicitor. It might be good for your peace of mind not to open any emails received from the claimant. Mind you, if his solicitor does manage to come off record, you might have a problem. Perhaps you need a solicitor to act for you, and be a buffer.
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I think I will inform him (through his solicitor) that I will no longer accept his communications and that he must contact me only through his solicitors of record. At least it is worth a try!

I no longer have a solicitor though I had one for 2 years in this matter to the tune of nearly £12,000 (I finally ran out of money altogether and am now virtually penniless but not eligble for legal aid because I am not a UK resident). Besides,if I had a solicitor now this nutter would be happily running up my legal bill with all his crazy emails. Yes, I know I might be lucky and get some of my costs back, but the sols want their money up front in this sort of case, especially as the Claimant has moved to China!
 
I gather this is happening in the UK courts, so you should know, pshell, that this is an Irish site.

It probably makes no difference in discussing your concerns, because the legal systems of the two jurisdictions are analogues.
 
No, I did not realise it is an Irish site! Oh well, I am sure I can still get some useful advice here.
 
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