Some success but no compensation....

[Bearnecessity]

Hi there,
I posted on here last year and received some great advice I am hoping for some ideas. Basically, an ex-employer gave me a poor reference which prevented me from taking a good job offer up. I contacted a law clinic who overturned the poor reference easily as it was really an error. (Vindictive bit caught out basically) However, despite losing out on the well paid job which I could have done for the next 18 years, been out of work for a year challenging the reference while accumulating £10,000 worth of debt. They are not going to take it to court because I don't have the money to pay court costs in the event of a loss. Is this right can you only get justice in England if you are rich?

The Law, like The Ritz, is open to everyone.

Could you afford to pay the legal fees if you lost the case?

No Harvest.....can't afford trips to The Ritz either Evidence....

It sounds like your solicitor is not confident that you have a strong enough case, so don't want to risk not being able to recuperate their costs.

Evidence's point is that, anyone can look through the windows of the Ritz, but few can afford to stay. The same with the law, in theory the justice system is open to all, but actually getting anywhere often takes a great deal of money.

A law clinic would not have the funding arrangements to bring a defamation case.

No Harvest...my solicitor is as bewildered as me, he would love to see this outright injustice put right, nobody can be wholly confident in court outcomes.

It wouldn't be a defamation case Corr.....it would be a negligent referencing case heard in county court where there is already a precedent for this type of case.

Negligent misstatement. If you want to take the small claims route you can do this yourself, you don't need a solicitor. However your claim wouldn't be worth a great deal, you'd need to explain how you've accrued so much debt (if you're expecting them to cover it) and what you've done to mitigate your losses (taken another job, claimed benefits). Also, in terms of future earnings, there's never any guarantee you'd be in a job for a long term, you certainly couldn't claim for the next eighteen years worth of earnings!

Be careful referring to precedent, cases heard at county court level are not binding on other courts, they do not form precedent.

Thanks for the information Corr I do understand what you are saying, when I use the word precedent I am repeating what my solicitor has said.

I really doubt you'd be able to claim comp for the debt from being unemployed for a year. Did you apply for other jobs?

I did Harvest yes many....not in my profession as I couldn't get another job in my profession until the reference was resolved. I got a low wage job offering less than full-time hours.I live in a rural area where there are few jobs. People raising an eyebrow at my debt clearly have not experienced low wage, benefits as a lone parent setting up a ds in his first year at Uni.

Do you have official evidence that it was the reference that caused them to retract the offer? As opposed to them just changing their mind because of a change a funding, a staff not leaving after all, or whatever other reason?

Yes, they told me it was the reference.