Any Lawyers Here Please?

[needadvice100]

If there are any lawyers here, I really need a bit of advice please.

My husband is being pursued by a company who says that a company he once owned, owes them money.
My husband definitely does not owe them any money, (they owe him money) both of which have been proved.
He was awarded costs but has never received a penny but still they are pursuing him. He has spent thousands of pounds in the past on lawyers - he wins the case, but they come back with a different argument, running up more and more costs.
We are now at the point where we can’t afford another lawyer to defend him and he has been trying to do this himself. They of course are picking holes in every little thing he says and he has no where to turn.
M husband says that if you are the one prosecuting/suing, you can use a lawyer on a ‘no win, no fee’ basis, but not if you are the defendant- is this true and if so, is there any help for people who can’t afford a lawyer?
My second question is - can someone keep pursuing someone else whilst in breach of a court order?

I apologise if not all of this makes sense but I’m at my wits end.
Thanks for reading

Your husband is correct that a defendant cannot use a no win, no fee solicitor. Their pay is a proportion of any damages awarded. The defendant is not awarded damages if they win.

If he has been awarded costs and has a Final Costs Certificate but they have not paid, he needs to take enforcement action against them to force them to pay.

If they are using a solicitor, even if it is on a no-win, no-fee basis, the solicitor's actions in continuing to pursue this may be professional misconduct. He can make a complaint to the solicitor's firm and, if that doesn't get him anywhere, complain to the SRA. He will not need a lawyer for this.

Your husband may have a claim against this company under the Protection from Harassment Act 1997. If such a claim succeeds, he would be entitled to damages for anxiety and any financial loss he has suffered. He may be able to find a solicitor who will act for him on a no win, no fee basis for this.

If their cases against your husband are entirely without merit, he may also be able to get a Civil Restraint Order. This would mean they would have to get permission from the court before they could bring any further claims against him.

He needs to get on the front foot against these people and start taking action against them.

Just noticed that you say they owe him money. If they owe him money other than the costs, he needs to take them to court for that. If he has already done so and has a court order, he needs to take action to enforce the order.

I didn't even think of Protection from Harassment Act 1997, good call. I was going to say to OP that if the Company has already issued a claim then apply to strike it out and apply for Civil Restraint Order at same time. OP if you google Civil Procedure Rules PD 3A it sets out the rules for such an application. It's been a good while since I looked at this but if you google application to strike out and go to images there's one or two ok looking precedents you can probably borrow from/adapt if your H decides to act as a litigant in person

Thanks for responding prh47bridge, I appreciate your advice 😊

Can you use the Protection from Harassment Act when the harassment is coming directly from the other sides lawyers? We are completely in the dark and the other side is citing presidents and using legal jargon that we have no knowledge of. It’s also very intimidating when you see their lawyer laughing and joking with the judge.

Potentially, yes. As I say, you may be able to get a no win, no fee lawyer to help if you want to go down this route, so the first step would be to find one and speak to them. They will only take the case on if there is a realistic chance of winning.

If it is always the same lawyers trying new arguments for the same case, you should definitely raise a complaint with them and escalate to the SRA if that doesn't put a stop to things. And, if a claim has been issued, you should definitely apply to have it struck out and apply for a Civil Restraint Order at the same time.

Thank you

Your husband is correct that a defendant cannot use a no win, no fee solicitor. Their pay is a proportion of any damages awarded. The defendant is not awarded damages if they win.

It isn't correct that no win/no fee payment is a proportion of damages.

The phrase 'no win, no fee' normally refers to a conditional fee agreement - this is where if you win, the losing side pay the winning side's legal costs.

If the solicitor's pay is going to be a proportion of damages, this is called a damages based agreement (DBA). It is a species of no win/no fee but would normally be referred to as a DBA but isn't typical precisely because you need big damages to make it worthwhile.

It is also not correct that a defendant 'cannot' use a no win/no fee solicitor in any circumstances. There have been some cases in some areas of law where there have been defendant's conditional fee agreements. These were rare because they were unlikely to be backed by insurance and the lawyers would be relying on the case being won by the defendant against a claimant who was good for the money. Eg, if the costs were £300k and the claimant was unemployed, a win resulting in a defendant's costs order is of no value to the defendant's lawyers as they won't get any money out of the claimant. It always was very difficult to get a defendant no win/no fee agreement but it is wrong to say it has never happened because pay is always out of damages. This is an example where a defendant was represented on a no win/no fee in a specific field of law.

https://pressgazette.co.uk/publishers/broadcast/bbc-jimmy-savile-source-karin-ward-left-twist-wind-and-defend-freddy-starr-libel-trial-alone/

Your husband is correct that in the facts you describe in reality as a defendant you aren't going to get a no win/no fee agreement but you might be able to get pro bono help as to your options including whether you have a case in harassment, want to bring your own money claim or seek a declaration.

There is a lot of help out there for people who can't afford a lawyer - google for help in your area or field but you can also try

https://www.lawworks.org.uk/ (Solicitors pro bono/free help) and

https://weareadvocate.org.uk/ (Barristers pro bono/free help)

Thank you WigsnGowns - we are totally out of our depth here. My husband has been awarded costs at previous hearings but they have never been paid and without legal help I doubt they ever will. It seems so unfair that they will get away with this and leave us with nothing.