Solicitor recommendation please.

[appleavi8or]

I am planning to sue the MOD for compensation for a significant issue with my pension. It amounts to the promise of one thing and the delivery of another (possibly promissory estoppel). It seems it's OK for the MOD/SPVA to change their minds but not give me the opportunity to pursue a different career in retrospect.

I have to go for a no-win, no-fee arrangement & therefore would see that as a reasonable indicator of my chances of success.

I am hoping that someone has had experience of such an action and can recommend an individual/company who might take me on.

Thank you PPruners.

[ZH875]

Where is Gilbert Blades when you need him.


Good luck on finding a solicitor.

Good luck for peeing into the wind, you will have more chance of success than your planned action.

[Old-Duffer]

May I suggest that you exhaust all other forms of negotiation or arbitration before you embark on the courtroom drama bit.

I also suggest that you join or consult the Forces Pension Society and speak with Lt Cdr David Marsh at that organisation. You should also make sure that there are no time limits relating to any action you propose so that your claim is not 'struck out' as time barred.

RAF News (hiss, spit etc etc etc) and Soldier magazine often contain adverts from the legal profession. Your station library may have copies of a magazine called: The Pennant, which also contains adverts of the sort you seek.

Old Duffer

[SirPeterHardingsLovechild]

MPH Solicitors advertise on one of the PPRuNe banners.

They specialise in injury, rather than your case, but maybe worth an exchange of e mails. They have had experience in all the headline stuff.

No win no fee? There is a posh version called 'Conditional Fee'

[What the Fug]

Find a lawyer who can instruct Mrs. C. Blair

[appleavi8or]

Thank you to those who have PM'd me & taken me seriously.

The Armed Forces Pension Society, of which I have been a member for a number of years, we're dismissive along the lines of, 'personal problem mate'. The SPVA's attitude is, 'yes, we got it wrong but tough'.

I seem to have litigation as the next option. I also realise that a solicitor or partnership will not take the case unless they consider there to be a greater than 50% chance of success - so it will be a good litmus test.

Thanks again.

[Courtney Mil]

Good luck, Apple. From little I know of your case, it sounds to me like you should go ahead. If we ever 'got it wrong' when making a claim, we'd quickly find ourselves facing an investigation for fraud. Whenever 'they' get it wrong, it seems to be 'tough sh1t'. Perhaps you could let us know how how things go.

Again, good luck.

Courtney

[Seldomfitforpurpose]

Was seriously considering joining the Forces Pension Society but by the sounds of it best I keep my money in my pocket.

[Courtney Mil]

The FPS costs money? What are we supposed to get for it?

[Old-Duffer]

I too am surprised at the negative vibes from the FPS. I suggest a letter to the DG and copied to the senior single service trustee, expressing grave displeasure.

From what you have posted, I also suggest you involve your MP.

Old Duffer

[airpolice]

Captain Apple, as a British Army Officer of a certain age, (we probably joined up at the same time, although at opposite ends of the spectrum) you ought to be able to pursue the "no win - very little cost" option of representing yourself.

Your lack of legal training and relevant qualifications would be taken into account by the court and gain you some considerable leeway.

What, if anything do you have to lose? During my service as an lowly airman, I met a few Army officers and since leaving, I have come to know a good few more. All of whom, even the **** who worked in Edinburgh Castle, struck me as capable of standing up in court and giving a fair account of themselves.

Success in such an endeavour would leave the entire proceeds for yourself as opposed to funding a firm of Ambulance chasers. Failure would at least provide some sport and the makings of a good book about David & Goliath.

[NewsOfTheWorld]

Failure would at least provide some sport and the makings of a good book about David & Goliath.

... and of course the defendants legal bill!

[Goprdon]

Sorry but: Represent yourself and you have a fool for a lawyer.

[Lima Juliet]

I too resisted joining the Society as the only advice they had on my circumstances in the "members only" section was wrong - how do I know? I asked a friend to check for me on advice on my circumstance who had paid the subs very recently. The advice in question was for the requirement for the 30 day gap between Regular and FTRS - the advice in recent copies of Pathfinder was also wrong, wrong, wrong.

BTW if you're a Regular on AFPS75 transferring to FTRS you do not need a 30 day gap - in fact you need no gap at all! Simply leave on one day and join the next. I know because I did exactly that, no penalty and no loss of gratuity. That advice is free and I won't be charging for that :ok:

That said, the Society is useful for providing a voice for lobbying Whitehall on our issues - sadly, this time, I fear their comment will be ignored. I also know that they have done good work for others that have not read into their scheme as well as they could have (most of the documents you need are online with Pensions booklets and the JSPs).

LJ

[johnnypaveway]

LJ, pse forgive my ignorance I know that I should know better but I thought the 30-day clause was only for re-settlement allowances and warrants etc......

I stand by to be educated as I have just (terminal grant in bank yesterday;)) done the same thing- but to be fair I just wanted a month off!

Sorry for thread drift

[Lima Juliet]

JohnnyPW

Try looking at this... http://www.pathfinderinternational.co.uk/index2.php?option=com_content&do_pdf=1&id=1034

Or page 6 at this link:

http://www.pathfinderinternational.co.uk/PFFEB%2010%20Full.pdf

The advice is saying again a break in 30 days - which for AFPS 75 is simply untrue. You can leave one day and start the next.

I went straight to the "organ grinder" at JPAC and SPVA and they said I didn't need to take the break. Which was contrary to the advice coming forth from the articles by the Society.

Make sense?

LJ

[Scuttled]

Serious enquiry about this.

Are you permitted to sue the MOD whilst a serving officer? Is it mutinous? If not, is it mutinous if 3 or more joined together to test the water in court? If not mutinous, would the old QR 1001 rear it's head? Would you be on duty in court, or on leave?

In fact, scrub that and replace with:

Can it be done and if so what is the procedure?

[pr00ne]

appleavi8or,

Under no circumstances should you consider representing yourself!

Are you still serving?

If you are then you are on an extremely sticky wicket.

[NutLoose]

Surely the way round that is to get the nearest and dearest to do the suing as it effects them to... Bit like that Navy chappie and the Harrier ski jump, ( remember those... Harriers) to get round the your design is our design rule, it was patented in his wife's name I believe, as the military then had to pay up to use it.

[teeteringhead]

Where is Gilbert Blades when you need him.
.. probably retired by now.

Saw him "perform" at a GCM some time ago, and was not impressed .... left yawning gaps of logic which even this simple GD/P could identify ....

.... I think his success was partly reputation - to which ZH875 contributes - and partly down to the skill and competence (sic) of DLS .....

[SirPeterHardingsLovechild]

Hold on chaps, don't let the crewroom rumours guide you.

1. You can sue the MoD while you're still in
2. Conditional Fee (CFA) or a reputable No win no fee charges costs to the other side, no slice of your payout.

1 & 2 - I should know!

Most solicitors operate a 'first half hour free' policy. This can equate to an initial e mail, followed by a second more detailed e mail exchange.

'Litmus test' comment is spot on - good case or they won't take you on.

[kemblejet01]

James Healy-Pratt

[appleavi8or]

Thank you chaps.

I've had some good steers and have already written to the Pensions Advisory Service for their guidance on the strength of his thread (never knew they existed before today).

For info, I am no longer serving, having left last year but I've been taken down a rabbit hole over the past 8 months by a solicitor I should have researched a little better - never too old to learn & all that!

I'll reply individually to all those who PM'd me but in the meantime, thank you.

[unclenelli]

Gilbert Blades - Wilkin Chapman LLP, Lincoln (http://www.wilkinchapman.co.uk/site/personal/armed_forces_grimsby/)

I recently heard that he had died and that his daughter had taken over (apologies of he hasn't - he is still listed on his website)

Failing that, his No2 is Nigel Burn at the same practise.

[Lima Juliet]

Quote:
Where is Gilbert Blades when you need him.
.. probably retired by now.

Saw him "perform" at a GCM some time ago, and was not impressed .... left yawning gaps of logic which even this simple GD/P could identify ....

.... I think his success was partly reputation - to which ZH875 contributes - and partly down to the skill and competence (sic) of DLS .....

Likewise at a GCM - that said, the guy that went down was a "tricky johnnie" to defend IMHO. Like the best of us, when you start to lose your magic it's often time to step aside and let in the new blood.

LJ

[high spirits]

I attended a CM about a year ago. (not my own i hasten to add!)Gilbert ran rings around the inept military lawyer chimp.

[ZH875]

Gilbert was instrumental in getting one of my chaps off a CM. the charge was assault and he did hit the other fella and was not hit in return.only the RAFP wanted to press charges. Mind you this was on the early nineties.

[teeteringhead]

inept military lawyer chimp. ... indeed. At the GCM to which I referred earlier, the prosecutor (in cheap ill-fitting HK No 1 - the ones that turned green with age) whilst theatrically gesturing in his opening speech, managed to knock his plastic cup of water over the President - a yard or so away!

If you'd seen it in "Carry On Court Martial" you wouldn't have thought it possible!

[charliegolf]

Holy thread resurrection, Batman!

CG

[Senior Pilot]

Holy thread resurrection, Batman!

CG

The post referred to has been removed, but it was yet another AI (Artificial Intelligence) product. We are getting a surge in such posts but unfortunately they are difficult to recognise as such, but do have certain tells.

Such as using a dormant 21 year old thread!