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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The defendants a major high st bank have refused my part 36

Resolved Question:

The defendants a major high st bank have refused my part 36 claim but have proposed a joint settlement meeting - I am a former employee who is taking out a personal injury claim for depression caused by their lack of Duty of care when I was severely stressed due to excessive workloads which I had complained about on many occasions. Is it feasible they are going thro a box ticking exercise for the court or would it be normal practice for them to make a reasonable offer to settle - this needs to be in region of £40k now just to cover all my costs
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you would like to know about this please?

Customer: Is this likely to be a realistic meeting to achieve a settlement or just the next step in the process to show the court. The other side already have email, appraisals etc so much of the important info to see that I am making a justified complaint but they just keep stating 'no evidence' even when they already hold this which proves at least 1 of the managers has lied. I am very anxious about the level of fees, expert witness (psychiatrist) so far and to take this matter to a JSM will mean more fees for both sides and my team will claim 100% success fee if I agree to settle at this point. Would I be better to pull out now and just write off £15k even tho I have suffered great stress and depression due to my former employers actions
Alex Watts :

Well they can't disclose this meeting or what is it said to the Court.

Alex Watts :

Its a matter for you whether you accept.

Alex Watts :

Of course litigation is by no means certain and you could lose.

Alex Watts :

So you may decide to take a commercial view.

Alex Watts :

Or you may decide to pursue it and fund the cost of litigation

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I know and understand all of this already these answers are pretty obvious. I wanted to know of your own experiences in this type of case and this type of meeting - JSM - whether defendants are generally inclined to use this as a realistic tool to settle. Have you experience of this type of personal injury claim or JSM?
Alex Watts :

I deal with PI claims.

Alex Watts :

But you can't guess what an opponent is going to do

Alex Watts :

It is in their interest to settle

Customer: This particular type of PI? ie work related stress? Why would it be in their interest to settle they have far more money than me to string out til I run out of funds. If it was in their interest why would they not make a lower counter offer on the part 36 and save us both mounting costs?
Alex Watts :

PI is PI regardless of what type.

Alex Watts :

If they want to meet clearly they want to discuss and settle it.

Alex Watts :

Even if you represent yourself there is always a risk that they could lose

Alex Watts :

Can I clarify anything else?

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