We recently faced Hoist Portfolio who were represented by Howard Cohen solicitors. The crux of the issue with the case was that the client was a litigant in person and had missed a number of important issues in their case.
The case progressed with the main issues being unlikely to succeed at trail and the issues which would have won had not been raised. When we were instructed the difficulty we had was trial was on the horizon, the case wasnt in the best of shapes, and there was no time to amend the documents.
However, the issues which we identified were clearly issues which the Court was mandated to assess by EU case law. In addition the defects within the documents were so severe that out of 11 statutory requirements the documents failed to state no less than 8 accurately.
So we placed the opponent on notice of our intention to raise these points at trial. We asked for further documents from the opponents, which they unhelpfully refused to provide (and which went against them on costs)and we took a second witness statement from the client to support the points we were raising.
We appeared in Court represented by Mr Thomas Brennan, the debt in question was over £10,000 and had the firm not been instructed there is no doubt that the defence would have failed. However with Tom on board we managed to take the opponents evidence and defeat them with it.
As a consequence, the client no longer has to pay Hoist the monies they were pursuing, and in terms of costs the clients liability was only a couple of hundred pounds. Clearly that represents good value for money and very limited risk, especially when the client was represented by a barrister of over 12 years call and whats more a barrister who has exceptional results in these cases and who has had nothing but good feedback from clients.
We did recover the clients costs in any event.