Case Studies

Going to Court can be daunting and frightening. The Court environment is designed for solicitors and barristers to function in so it can be intimidating for everyone else. Working with Daniel Picave puts a friendly face and knowledgeable ally alongside you. Court is far less daunting if you have an experienced guide to steer you through.

Dawn had lived in a rented property for 3 years. She was self-employed. For the first two years, she made her rental payments every month without interruption. Towards the end of the second year, two things impacted on Dawn. Firstly, a bout of ill health prevented her from working for 3 months and secondly the property began to show the signs of severe damp. Dawn began to struggle to pay her rent and quickly fell into arrears. Her Landlord ignored her requests for any repairs to be carried out on the damp due to the rent arrears. Over the course of 9 months, the arrears spiralled to over £6000 and the damp was so bad in the property that it resulted in Dawn developing respiratory problems.

As Dawn approached her third anniversary in the property, the Landlord commenced Court proceedings to have her evicted. Dawn approached Daniel Picave to help as a Lay Advocate. Over the course of 2 years, Dawn and the Landlord attended 5 hearings with a complex framework of claims and counterclaims. Daniel Picave assisted Dawn in researching her options at each stage of the protracted process and taking the sensible steps. The final outcome was for Dawn to agree to surrender the keys to the property and relocate to a new address. The rental arrears and all legal costs assigned to her were offset against the award she received from the court for damage to her health and property as a result of the poor condition of the property.

Navigating your way through the social services and benefits system in the UK can be a nightmare. At Daniel Picave, we apply the same logical approach as we do when working with our Court clients. Often our clients are compromised in some way and just need a little help to get them the best outcome.

Geoff had a degenerative condition which was eroding his independence year on year. He had tried on two previous occasions to claim some benefits to assist his financial position. He had failed on both occasions because the process was just too complicated and complex. A friend suggested he contact Daniel Picave to help.

Over the course of 3 months, Daniel Picave compiled a compelling case of evidence to secure Geoff the Personal Independence Payment that he deserved. The final award also included an element of ‘arrears’ to recognise the history of Geoff’s case.

Daniel Picave’s objection to solicitors being involved in family matters is twofold. Firstly, they are expensive, combative and the nature of their existence is to take sides. Secondly, the Family Court is constructed in such a way as to have no need for solicitors seeking to fight on behalf of their clients. The protocols and processes of the Family Court are unambiguous albeit complex at times and so, at best, a knowledgeable guide is all you need, a McKenzie Friend.

Carolyn had been in a relationship for 6 years. She had a child as a result of this relationship and a child from a previous relationship. Both children lived with her and her partner. The domestic violence and psychological abuse had started after the birth of the second child. Carolyn reached a point after tolerating it for 3 years where she felt the children were at risk. The episodes of violence had become more frequent and Carolyn felt, for the first time, that the children might also be hurt at the hand of her partner.

After being recommended to Daniel Picave by a friend, Carolyn worked with us and we secured a Non-Molestation order. The Order prevented the partner from visiting the address where Carolyn and the children were living for 9 months. During that time, Carolyn supported by Daniel Picave worked with the Family Court and other agencies to establish a framework for a future without violence.

Daniel Picave as a McKenzie Friend and lay advocate have worked with a number of different clients presenting different circumstances. The one thing that is common to all these clients is that the decision to not use legal representation has been made on the basis of cost. Having then sought out Daniel Picave as a cost-effective alternative, the client has often come to appreciate our approach has the more reasonable and often, on reflection, the preferred route.

Gwen has been driving for 14 years. She is a project manager for a large construction firm. Extensive driving is integral to her role as she travels the country visiting sites. Gwen’s attitude when she approached Daniel Picave about a forthcoming hearing to decide on a speeding offence was one of resignation. She saw speeding offences almost as an occupational hazard and she had amassed 9 points before this latest incident.

Daniel Picave was quick to explain that her attitude was going to earn her a driving ban. Gwen had not told her employer about her latest speeding offence. Working with Daniel Picave, Gwen secured a reference from her employer highlighting that she was a valued employee but making the point that driving was essential to her continued employment. Working alongside Daniel Picave and ahead of the hearing, Gwen prepared a mitigation statement which firstly acknowledged the offence and then outlined the implication of a driving ban on her career and personal finances.

Gwen was given the opportunity to read out the statement and present the letter from her employer to the bench of Magistrates. She received a further 3 points taking her licence total to 12 points but with the sanctioning of the Court to continue driving. She also received a fine.