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Trevor Allaway has indicated that he will view a section 35 request favourably. If he agrees
that we satisfy the criteria of section 35 then we will not have to resort to Third Party
Disclosure as he should disclose. We may still have to do Third Party disclosure if he redacts
information that may be relevant. A decision cannot be made on this until we receive either
(a) the file from the insurance company or
(b) the insurance company is unwilling to disclose in which case Third party Disclosure kicks
in again.
The section 8 application was sent off today. I had asked Jemi to amend and he had not, so I
amended it and sent it off. Lorraine as Simon's case is in the warned list there is no guarantee
that he will get Jemi to do the trial.
He is still booked to do the case, but this is dependent on other cases not over running or him
being instructed in a weeklong case. Simon's conference with Jemi in December was a classic
example of this. He was dealing with a child neglect case which over ran and had Simon's
case been listed then Jemi would not have been able to do the case. Jemi or his Chambers
may be willing to do the case. The court can direct that legal representation stay in place for
the purposes of Counsel conducting Simon's trial and possibly for a pretrial conference, but
their diaries change, and this affects them
availability.
I hope this clarifies.
Regards
Josephine
On Wed, Feb 12, 2014 at 11:59 AM, Lorraine Cordell <lorraine32@blueyonder.co.uk>
wrote:
Hi Josey
Thank you for the update but I am not sure what the email means to Trevor Allaway. Does
this mean they will give you the file without 3rd party?
Really not sure what it means.
Lorraine
From: JOSEPHINE WARD [Mail To:josephinewardsolicitor@gmail.com]
Sent: 12 February 2014 11:50
To: Lorraine Cordell; too smooth
Subject: Regina v. Simon Cordell for mention at Woolwich Crown Court on
497,
Dear Simon / Lorraine
Please note that your case is listed for mention at Woolwich Crown Court on 18th February
2014.
The listing indicates that you must attend. Can you please confirm the details of your new
solicitors in order that I can email the court and confirm that we do not object to the proposed
transfer of legal representation?
If you cannot locate a Solicitor to take over the case then we can apply on this date to have
legal representation revoked so that you can represent yourself, as you have indicated you
wish to. I stress that legal representation still covers Counsel and in a case like this it is better
to at least have representation from a barrister. The majority of the work has been done on
this case and the only outstanding issues are as follows:
1. Disclosure from Insurance company
2. Disclosure requests in the defence case statement
3. Bad character skeleton argument to oppose Jemi will draft this as he will be arguing to
exclude the bad character. In relation to 1 and 2 above the items disclosed will assist with
cross examining witnesses. I have forwarded emails sent to the CPS, Woolwich Crown Court
and also to Mr Trevor Allaway. If you have any further questions, then please do not hesitate