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This sounds like a terrible scenario for you to be in. Can you help me with what you would like to know from me this evening please?
what are our alternatives, do we carry on against their advice and obviously win the neglegence but loose the liability. if we drop the case we will ask them to cover there own costs and we will not persue the neglegence which they have admited too. do we call thier bluff and hope they settle out of court ?
You could continue if you wished. Your solicitor cannot prevent you from continuing, but if you are on a conditional fee agreement (no win no fee) they could potentially terminate that and require you to continue on a private paying basis.
You could try mediation (if you haven't already) - and try and do some kind of deal.
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not really helpful but thanks anyway i know this nuch ?
What would you like to know?
You cannot win the negligence and lose on liability - they're the same thing. You either win the case or you lose.
What I expect they are saying is they admit they breached their duty of care, but deny that it caused the death. Technically, you cannot have negligence and deny liability - it's often said, but it doesn't actually make sense, as the negligence is the liability.
So, if you can't show that the acts complained of caused the death, then there can be no liability in negligence, as causation of the death is a key element of negligence.