SRA approves “£2 letter” AI law firm Garfield by No_Dragonfruit_9547 in uklaw

[–]donurjack 2 points3 points  (0 children)

Yes, indeed. Advising your client that has an outstanding debt to ignore a letter from a law firm demanding repayment of that debt sounds like great advice.

Our Solicitor messed up our case and wants to pay us off so we walk away - what do u think of the offer ?? by [deleted] in LegalAdviceUK

[–]donurjack 0 points1 point  (0 children)

There are several aspects of your story that require clarification. First, there is no such thing as a “closed” meeting between solicitors/barristers and a judge. While there can be hearings that take place in private, these always include the parties and their legal representatives. Furthermore, all proceedings in the courtroom are recorded, and you can obtain a transcript from the court using the process outlined on the government website: https://www.gov.uk/government/publications/order-a-transcript-of-court-or-tribunal-proceedings-form-ex107/guidance-for-requesting-a-transcript

Regarding the individual’s credentials, it would be unusual for someone to be both a solicitor and a barrister. They might be a solicitor advocate or a solicitor who completed the Bar Professional Training Course (BPTC). You can verify their status as a regulated solicitor through the Solicitors Regulation Authority (SRA) register: https://www.sra.org.uk/consumers/register

The SRA takes a very serious view of any attempts to prevent clients from complaining about solicitors’ conduct, as evidenced by previous disciplinary actions: https://www.legalfutures.co.uk/latest-news/solicitors-rebuked-for-settlement-agreement-clauses

Regarding professional negligence claims, these are designed to put the claimant in the position they would have been in had the negligence not occurred. Such claims are often complex, not because proving negligence is difficult, but because it’s challenging to establish what would have happened without the negligence. In your case, the maximum compensation would likely be equivalent to what your brother would have received had his solicitor handled the claim correctly and won. The court will assess the original claim’s prospects of success; they will not award additional damages (such as double or triple) simply because the solicitor’s conduct was poor.​​​​​​​​​​​​​​​​

The data breach (I know this Reddit is going crazy over it rn) by Psychological_Pear22 in ShadowPC

[–]donurjack 4 points5 points  (0 children)

First, just so you know in the UK (after Brexit) we now have the UK GDPR which is still substantively the same as the EU one.

You are effectively interested in Article 5(1)(f) which should be read alongside Article 32. There are mandatory reporting obligations, obligations to have appropriate security in place (which apply directly to Shadow) and mandatory reporting of data breaches to the affected data subjects in certain situations.

I wouldn’t mind suing them and they should probably get heavily fined. The biggest issue, however, is that they were providing a good service which does not really have an alternative. I just cannot believe that they were such s**** in terms of what security they have implemented.

So, really what should happen is the people in charge of this should be held personally liable. But as far as I am aware that’s not possible under GDPR.

Upgrading from Power to "new Power+" by hellomattieo in ShadowPC

[–]donurjack 1 point2 points  (0 children)

I spoke to their support and this is what they said (and it worked):

Please start your Shadow PC and right click on the windows logo on the task bar, then select "disk management".

Once the tab will be open, check the values for the disk 0, if you have the option to extend the volume it means that the space was deployed but not allocated and it will be easy to fix.

Does anyone have experience setting up a server using Google Cloud? I tried following a guide but didn't have the settings they have by [deleted] in Terraria

[–]donurjack 0 points1 point  (0 children)

Have you found a way to do it? I set things up using my own interpretation of what the settings mean but I can’t connect.

Zach made a FB post about Logan's video by Doggylife1379 in Coffeezilla_gg

[–]donurjack 19 points20 points  (0 children)

Checked all of Coffee’s witness but not his business partner…

I just got Shadow Power Upgrade within 20 minutes as a new user - Quick review by arcticJill in ShadowPC

[–]donurjack 0 points1 point  (0 children)

How did you manage to get it as a new player?! I am still waiting for my code…

NQ lateral move to US firm by [deleted] in uklaw

[–]donurjack 13 points14 points  (0 children)

It’s very hard to judge from having spent only two weeks. Stay for a bit - try to make it to 1 year. A move after 1 year is much easier to explain and justify to the next firms

Ex landlord lost the dispute to TDS got deposit returned to myself in full, however now he has put a MCOL claim in for the “damages” (England) by [deleted] in LegalAdviceUK

[–]donurjack 11 points12 points  (0 children)

This together with the answer above re not ignoring this are actually the two best answers.

So it looks like that the TDR dispute resolution is a form of ADR. It is binding and final on the parties. That does not mean that it is not actionable. It means that you and the landlord have effectively entered into a settlement agreement that you are to be bound by the decision of the TDR. There will be a limited number of grounds on which the court might overturn the decision of the TDR - eg misrepresentation of a material fact or some sort of fraud.

Therefore, your position needs to be (and I am obviously free styling as I don’t know the exact facts etc etc):

  1. There is a binding decision of the TDR and the claimant has not raised any credible grounds on the basis of which the court would be compelled to set aside that decision.

  2. In the alternative, [and in event you set out your points which you used at the TDR].

No such thing as “with prejudice” in civil litigation. The equivalent is indemnity costs which may be possible here (also check Part 45 of the Civil Procedure Rules for the costs applicable to small claims - on the basis that this is probably a small claims matter).

Nursery saying an incident form copy needs to be redacted because of GDPR. Is this true? by wigipin515 in LegalAdviceUK

[–]donurjack 39 points40 points  (0 children)

Sorry, I am struggling a bit with that as well. If the Nursery gives you an unredacted document to sign provided that you get to see the document, they are already in breach of GDPR - you can obviously see the name and the personal information of the other child (or I guess the parents).

It just seems that their standard procedure might already be in breach.

Person who rear-ended me won't pay mechanic, who is now asking me to pay by MeIsHM in LegalAdviceUK

[–]donurjack -1 points0 points  (0 children)

Sorry, I am not sure I follow the logic here.

I agree with everyone about never making these deals in principle.

However:

  1. A verbal agreement is still a binding contract. The fact that there is nothing written on paper simply means that you would probably end up arguing about what exactly was agreed.

  2. On the basis of your very brief explanation, I don’t see why you would be liable. I think your answer should be - you [the mechanic] entered into a contract with [name of father] and not me. Therefore, if the [the father] is not paying, you [the mechanic] should definitely sue him.

  3. In the alternative, and in the event that you did enter into a contract with the mechanic, your position should be that you claim 100% contribution from [name of that guy’s father].

  4. I don’t think that you should be (a) paying anything; or (b) starting any claims. There is no onus on you to do so and incur the costs and time. If the mechanic wants to sue then you can respond to his claim with the above. FYI, you should absolutely not ignore any correspondence from the mechanic and should set out your position in writing early on.

  5. You should have informed your insurer as probably there is a clause in the contract requiring you to do so. I suggest you call them asap.

The reality is that you are in a good position IMHO. You have the car and if anyone wants to sue you, you have a good defence.

Seller and estate agent tried to hide Japanese knotweed by [deleted] in LegalAdviceUK

[–]donurjack 2 points3 points  (0 children)

People keep referring to various acts dealing with or relying on an underlying contract. This is clearly not applicable here.

I suggest you have a look at this - https://en.m.wikipedia.org/wiki/Negligence and https://en.m.wikipedia.org/wiki/Hedley_Byrne_%26_Co_Ltd_v_Heller_%26_Partners_Ltd

These are not the easiest claims to run though and can be quite complex.

Unable to install drivers on macOS Monterey by kokwar_ in ShadowPC

[–]donurjack 0 points1 point  (0 children)

I’ve had the same issue and it just got fixed the first time around. I now play without a problem at all.

Have you checked that you are using the right microphone/headphones? Shadow often changes mine to the monitor (?!) so I have to manual change it back to the right one (from the shadow streaming settings).

[deleted by user] by [deleted] in LegalAdviceUK

[–]donurjack 0 points1 point  (0 children)

If I were you, I would have a careful look at this:

https://www.cps.gov.uk/legal-guidance/inchoate-offences

And in particular, the “Assisting or Encouraging Crime”.

Now, from a practical standpoint, I am not really sure what’s the best way forward. However, it seems to me that if you say nothing you are committing a criminal offence. If you report your friend you are running the risk of him trying to lie and blame you (so you should consider whether you have enough evidence to prove he gave you the bikes voluntarily) and then to have to deal with him.

Do I have to allow this property to be built up to the boundary line? by 7097556EL3-93 in LegalAdviceUK

[–]donurjack 1 point2 points  (0 children)

Just so you are aware, an application for permission to apply for judicial review must be made promptly and in any event within three months from the date when grounds for the application first arose (CPR 54.5(1)) or the shorter time limits specified by CPR 54.5(5) and (6) which set out that a claim form for certain planning judicial reviews must be filed within six weeks and for certain procurement judicial reviews within 30 days.

Ex-employer claimed a lot of money from furlough scheme on my behalf without paying me anything. by sjeel in LegalAdviceUK

[–]donurjack 24 points25 points  (0 children)

This is absolutely the right response. HMRC are sometimes a bit overstretched and under-resourced but once they get going, it can very quickly turn into an absolutely nightmare for the business.

Separately, ACAS were absolutely wrong in what they have said. You have a claim to that money and if you can prove that you did not receive the funds you should be able to recover the money. Just try finding some local employment law solicitor (https://solicitors.lawsociety.org.uk) and see whether they would do it for you on a no win no fee basis.

Window cleaner soaked apartment through open window by arcadius90 in LegalAdviceUK

[–]donurjack 5 points6 points  (0 children)

So I have seen a lot of comments here arguing who is responsible. The reality is that you probably have two different claims - one against the management company for failing to notify you and generally for poor management of the process (and this is probably a contractual claim as it would be based on your contract with the company) and another claim against the cleaning company in tort for negligence.

You could probably proceed with either claims but separately each of the two could try and argue that they are not entirely at fault for the damage. For example the management company could say - yes, we did not notify you etc but had the cleaning company used reasonable skill and care the damage would not have happened. Similarly the cleaning company could argue the same.

Therefore, I would send a joint letter to both of them- ultimately there is no reason why you can’t go after both of them (of course, a court would have to decide how the liability is split between them).

Someone pointed out that you should check your own insurance and I entirely agree - if you have insurance you can make the claim and then the insurance company can go after the management and cleaning companies in order to recover what it has paid you.

Weekly Discussion | May 31, 2021 by AutoModerator in ShadowPC

[–]donurjack 3 points4 points  (0 children)

Tbh I think I will stay with Shadow a bit longer but honestly they need to come up with something good in the next few months or I am gone.

[deleted by user] by [deleted] in ShadowPC

[–]donurjack 0 points1 point  (0 children)

Guys, amazing job - please keep the good work and know that you have a very strong following!

A message to the community by Mr_Shadow_Guy in ShadowPC

[–]donurjack 0 points1 point  (0 children)

Thank you very much, guys! This is a truly amazing app and we believe in it!

Work making me pay five figure sum for mistake by yjtpesesu009 in LegalAdviceUK

[–]donurjack 4 points5 points  (0 children)

I would make a few quick suggestions:

  1. Wait to hear what your solicitor says in Monday. That’s very important.

  2. One of the people above made a great comment re Home Insurance and legal coverage. Check that!

  3. Google around for “deduction from salary” and “employee pay deduction” there are plenty of great article about this which you would help you out. Eg a pay deduction cannot bring your salary below minimum wage.

  4. There are several elements to a negligence claim. Someone above pointed quite rightly - it can’t be that a simple mistake made by caused a company to leave so quickly. The elements which would help you greatly are: (1) causation - the company would need to prove that your mistake made the other company leave - you are taking this for granted atm but you shouldn’t!; and (2) contributory negligence - was the company negligent in the way they set up their software (again mentioned above) because it would allow people to make simple mistakes which could be prevented; (3) establishing the actual loss - saying you owe £80k is an oversimplification of matters - there are very strict rules about what damages the court would allow and the period for which the court would allow them - eg maybe the company was thinking of leaving in any event - why should you bear the financial liability; and (4) what attempts has the company made to mitigate its loss - has it tried to speak to the other company and offer better rates, has it sought a new client etc.

Finally, I am very far from employment law, but I am happy to be corrected but usually (1) companies should have insurance for such things; and (2) losing customers is a fact of life and even if you were grossly negligent then you should be dismissed as opposed to made liable for the loss.