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Could someone please explain Part 23 of the Civil Procedure Rules?

3 replies

UnIucky · 16/03/2023 10:59

Hello,

My friend is in a civil dispute with her partners father. As part of her defence she submitted a copy of WhatsApp messages and a contract she signed with him (that he failed to fulfil) to the court.

His lawyers have sent her a threatening email in which they have said she included “privileged documents” in her defence and included details of a settlement agreement (which he signed but failed to go through with).

They have just emailed her to say they have launched action under “Part 23 of the Civil Procedure Rules” and she faces bills worth thousands.

She is incredibly upset and distressed. She cannot afford a lawyer so doesn’t understand what this means. Is anyone here able to explain?

Thank you

OP posts:
prh47bridge · 16/03/2023 12:03

Part 23 is the general rules about applications for court orders, so they are saying they will apply for an order of some kind.

It sounds like she used to work for him but her employment was terminated under a settlement agreement. Is that the case?

UnIucky · 16/03/2023 16:36

prh47bridge · 16/03/2023 12:03

Part 23 is the general rules about applications for court orders, so they are saying they will apply for an order of some kind.

It sounds like she used to work for him but her employment was terminated under a settlement agreement. Is that the case?

Thanks for the reply. Sorry for the delay in response.

No, she has never worked for him. He is representing her partners father as he tries to evict her and his two year old grandchild from a property he owns via a possession order. She lives in one room of the house with her partner - his son. He is angry his son is in a relationship outside their culture.

The father is also suing my friend for £50,000 in rent arrears but my friend says she has been paying rent but via his son/her partner. There was no tenancy agreement.

The father offered to pay rent for a different property for 12 months if they moved out but at the very last moment he refused to go ahead. This agreement was notarised and seems to be the document the lawyer is angry she has included in her defence.

Sorry, the whole situation is a very complicated mess. She is a student and cannot afford to move out or seek legal advice.

OP posts:
prh47bridge · 16/03/2023 17:37

She may be eligible for legal aid. If not, there are a number of sources of free legal advice. This guide may be useful:
www.barcouncil.org.uk/uploads/assets/c2b92bd6-305a-43af-b2704e5a12b3276b/guide-to-pro-bono-booklet.pdf

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