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Hi Again All
As you may recall I was arrested in 2016 after being accused of rape and sexual assault. It took a couple of years for a NFA notice. My accuser then began a civil claim against me and my former employer, for trespass to person and assault which is the civil version of rape and sexual assault.
When I first got the Writ, I did what any sensible person would do and went to 2 different solicitors for advice and to my surprise they both said "Walk away. Leave it to the First Named Defendant (My former employer), They will settle with the plaintiff". I understood where they were coming from but I could not agree to walk away as I did not want the plaintiff to be rewarded for her dishonesty. I therefore decided to act as a Litigant in Person and represented myself in the matter.
Well it is still going after more than 4 years, and I wanted to give people an update.. The case has been delayed due to covid, then the plaintiff’s barrister quit being a barrister, then I tried to have the case thrown out as an abuse of process. Last June the plaintiff first mentioned to the Master that they considered ending the case against me. Well, the plaintiff has finally applied to have the case against me thrown out, but they want to keep the case against the FND. The plaintiff has claimed that I do not have the income to satisfy any award of costs or damages. This is something they knew from before the start but they began the case against me as they needed a case against me to bring a case against my former employer. They supplied a report to Legal Aid, showing I have a low income and they stopped support for her case against me because of this.
Most defendants would jump for joy at this, as they could simply walk away from a case, but I decided to oppose the discontinuance of the claim against me. I feel that the plaintiff is only doing this now as I have evidence that she lied to every authority in every statement she has given. Including her Particulars of Claim, her statement to the police, her statement to the NMC and her statement to my former employer. Her own discovery proves her dishonesty and that she lied to the police. This will not be my word against hers but the evidence word against hers.
Anyway I am waiting until the end of the summer until we have her application for discontinuance heard and I will present evidence to the Master, showing how she has lied to them and to everyone. She has no right to discontinue the case against me and continue the case against my former employer as she still has to prove I am guilty of a tortious act and show that my former employer vicariously liable for that act. Well, if they stop their case against me then they cannot continue the case against the FND, as if they do not show I am liable then they cannot prove that they are vicariously liable for that act.
Anyway I know that my position is unusual to take but I am not stopping this case until the court recognises the plaintiff’s dishonesty.
I will never give up.
As you may recall I was arrested in 2016 after being accused of rape and sexual assault. It took a couple of years for a NFA notice. My accuser then began a civil claim against me and my former employer, for trespass to person and assault which is the civil version of rape and sexual assault.
When I first got the Writ, I did what any sensible person would do and went to 2 different solicitors for advice and to my surprise they both said "Walk away. Leave it to the First Named Defendant (My former employer), They will settle with the plaintiff". I understood where they were coming from but I could not agree to walk away as I did not want the plaintiff to be rewarded for her dishonesty. I therefore decided to act as a Litigant in Person and represented myself in the matter.
Well it is still going after more than 4 years, and I wanted to give people an update.. The case has been delayed due to covid, then the plaintiff’s barrister quit being a barrister, then I tried to have the case thrown out as an abuse of process. Last June the plaintiff first mentioned to the Master that they considered ending the case against me. Well, the plaintiff has finally applied to have the case against me thrown out, but they want to keep the case against the FND. The plaintiff has claimed that I do not have the income to satisfy any award of costs or damages. This is something they knew from before the start but they began the case against me as they needed a case against me to bring a case against my former employer. They supplied a report to Legal Aid, showing I have a low income and they stopped support for her case against me because of this.
Most defendants would jump for joy at this, as they could simply walk away from a case, but I decided to oppose the discontinuance of the claim against me. I feel that the plaintiff is only doing this now as I have evidence that she lied to every authority in every statement she has given. Including her Particulars of Claim, her statement to the police, her statement to the NMC and her statement to my former employer. Her own discovery proves her dishonesty and that she lied to the police. This will not be my word against hers but the evidence word against hers.
Anyway I am waiting until the end of the summer until we have her application for discontinuance heard and I will present evidence to the Master, showing how she has lied to them and to everyone. She has no right to discontinue the case against me and continue the case against my former employer as she still has to prove I am guilty of a tortious act and show that my former employer vicariously liable for that act. Well, if they stop their case against me then they cannot continue the case against the FND, as if they do not show I am liable then they cannot prove that they are vicariously liable for that act.
Anyway I know that my position is unusual to take but I am not stopping this case until the court recognises the plaintiff’s dishonesty.
I will never give up.
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