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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Dear Sirs I tripped and fell on a pavement last month.

Resolved Question:

Dear Sirs
I tripped and fell on a pavement last month. A stone became embedded in my left hand (I am right handed) which meant minor surgery in A&E. I made no financial losses. I want to claim for pain, suffering, distress and anxiety. I followed the pre-action protocol for personal injury and wrote to the Council asking for their insurer's details. They sent me a form to complete. I have drafted particulars of claim in reply (form is too small to fill in the details). My question is: do I state a certain amount that I want to claim (£1000) plus interest at 8% under s69 CCA 1984 or just state "damages" and see what they offer? I do not want to go beyond the small claims court. I look forward to hearing from you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you want to ensure this is not moved to the other tracks then I would state no more than a certain amount. Your injuries do need to give rise to a claim in that sum in truth.
If this is just pain and suffering then it will be under £1k so it shouldn't be too dangerous for you but I would make it absolutely clear that you claim up to £1k with the exact sum to be assessed by the court. That should cover you either way.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi

Thanks for this.

So it's ok to state "damages of 1K + interest at 8% under s69 CCA84"?

Expert:  Jo C. replied 2 years ago.
Well, it doesn't quite work like that.
The court assesses your damages. You can suggest a sum but that is quite complicated and you would need access to the guidelines.
If your purpose is to ensure that you don't incur the costs of the higher tracks then I would suggest saying to be assessed by the courts but no more than £1k.
Customer: replied 2 years ago.

I'm trying to get my wording right...

"damages of up to 1k + interest at 8% under s69 CCA84 to be assessed by the Court if not agreed".

(Costs draftsmen are very expensive and I can't claim my costs.)

Expert:  Jo C. replied 2 years ago.
No, and this is the small claims court anyway. The advantage for you is that you can sue cheaply but you cannot recover.
I would say
'Damages to be assessed by the court plus interest at 8% pursuant to S69 CCA but no greater than £1000.
Customer: replied 2 years ago.

ok, clearer...

Can the above statement be made even though the matter has not (and hopefully will not) gone to Court? I want a settlement; I don't want to encourage the council to go to ct.

Expert:  Jo C. replied 2 years ago.
It can. You can make any assertion you like in the course of negotiation as long as it is ethical.
It is less important at this stage than in court
Customer: replied 2 years ago.

Can I make a statement reserving the right to amend my particulars later if the matter does proceed to ct?

Expert:  Jo C. replied 2 years ago.
It is never a good idea to do that. It always give points to the other side
Realistically if this is pain and suffering payment then it wil be under £1k
Customer: replied 2 years ago.

Ok, nearly there.

So ask for no more than £1k + int at 8% to be assessed by the ct.

Do not ask to amend p of c.

Am I correct that all this is without prejudice?

Expert:  Jo C. replied 2 years ago.
Yes, that is right.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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