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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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, I have been with two law firms so far and both have let

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I have been with two law firms so far and both have let me down. Now I am being asked to take the case to court my self. I have never done this before and not a lawyer. I have to issue proceeding before the 3 year anniversary of my road traffic accident which is the 23rd of April 2015.
I have most of the specialist reports from doctors to the accident investigators. Accident investigator clearly identified that the fault is not mine. medical examiner stated that I am now suffering from pain syndrome. I had a hairline fracture on my lover back and now its healed so do not show up on any x-ray. I was on a senior consulting role with earnings over £100k p/a and I could not return to the same role and was let go with a compromise agreement due to the accident injuries, which did not let me sit for more than 15 to 20mins at a laptop at a time.
I have contacted may other firms and they all say they have not got enough time to issue proceedings now as its only 1 month away.
Please let me know what my options are...
Many thanks.
Kind regards,
Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
Hi, thanks for the details, I will assist you with this.
Can you please tell me as succinctly as possible:
1. The brief circumstances of the accident?
2. Has the Defendant or their insurer admitted liability?
3. Why the other two solicitors did not wish to proceed?
Customer: replied 1 year ago.

Hi Kasare,

1. I was on the main road driving home while the other driver failed to stop and give way and hit my car that was traveling on the main road.

2. No. They are saying I was part of setting up this accident for claim, but never did that and the accident investigator report proves that. It seems the part that crashed in to my car has being doing this many times to make claims. I had nothing to gain by this as I was earning over £100k p/a to be doing silly stuff like this for few thousand pounds.

3. 1st solicitors just took the word of Tesco lawyers and said yes he is involved and never even bothered to contact me for over few months. Then when I did finally call them they stated that they are not taking my case forward.

So I went with 2nd solicitors and they were very good and took the time to send out specialist to determine if the accident could have been a set up and then they send me to another specialist in sports injury to examine my back. Her report stated that now I am suffering form pain syndrome and there is no evidence of the hairline fracture. It has healed. Now this solicitor did not want to take on Tesco in court as there is no sign of the fracture and wanted to just take the easy route of just whiplash or I take Tesco to court my self as they will not be able to recover costs if they loose.

So I have decided to go to another solicitor or take the case to court my self, but I need help in getting the correct documentation in place. I have never had anything to hide or had a criminal offence and have worked all my life and have got invited to join companies rather than having to go through interviews.

Hope that answers your questions. Do let me know if you have any other questions.

Many thanks.

Kind regards,


Expert:  Kasare replied 1 year ago.
Hi, so for clarity, the Defendant's insurers are denying this saying this was a fraudulent set up between you and their insured?
Did you not go to the hospital or your GP at the time of the accident?
Customer: replied 1 year ago.


Yes I was rushed to hospital in ambulance and was shown a x ray which showed the hairline fracture.

Then I had many treatments and therapy over the years.

Expert:  Kasare replied 1 year ago.
Thank you for clarifying this and confirming the same.
Based on what you have said and the medical evidence, I am very surprised that the firms that you have attended upon have been reluctant to press ahead with this matter. Were they instructed by way of a Conditional Fee Agreement?
Ok, essentially whilst you look for another solicitor (or a direct access barrister who can assist with preparing documents), if indeed that is what you intend to do, I would recommend that you file a claim form with the Court prior to the 3 year limitation period, specifically stating to the Court that this is protective proceedings only and that the sealed claim form should be returned to you for service. That way you will have a further 4 months in order to either find a solicitor or complete the form.
Did any of the solicitors advise you on what the appropriate level of quantum would be, based on the medical evidence and your special damages?
Customer: replied 1 year ago.

Yes there was a CFA agreed.

The first one was none responsive even to the point it was appointed by Admiral insurance and I was going back and forth with Admiral to the New Law solicitors who just said we are not covered to take on a case like this so I must find another solicitor at my own costs. So I went with Irwin Mitchell solicitors. They did take a long time to get things moving but just last month they realised that to go after a claim of over £200k it will take more time and its more difficult to win against a pain syndrome case. Their view was that if the fracture was still on play then its a easy win. Although I went to see one of the partners of the company at the start as I wanted his expertise on the case I was pointed to a junior position to take on the case after the meetings... IM final view was that I find a another solicitor quickly who can help me or got o court my self and file proceedings as most of the pain syndrome cases based up on victims honesty and credentials.

How ever they were happy to go after a whiplash case which would be around £10k and that did not cover my loss of earnings for the last two years and me having to look for alternative employment last year as now I can not sit in front of a laptop for more than 20 to 30 mins without moving about to relax my back.

Nevertheless I am now without a solicitor and almost out of time.

What are the steps I have to take if I am to file proceedings? Is there a website that I can download forms or how do I take the steps to file proceedings?


Expert:  Kasare replied 1 year ago.
It is an extremely difficult case to prove the chronic pain syndrome. However, that is not to say it is impossible.
But I do have some bad news for you - which is possibly why the solicitors may have dropped out of the claim - the court issue fee for a claim of this value has increased significantly from 9 March 2015 and now to issue a claim for anything from £10-200k you pay 5% of the value of the claim (and you must try and state the value accurately) and if over £200k it is a £10,000 court issue fee! The issue fee for the whiplash only up to £10 is £455. This increase is extremely unfair on people who cannot afford such high fees but have genuine cases. Perhaps contact your insurer to ascertain if you have legal expenses insurance that would cover the disbursement (albeit unlikely) or solicitors who can represent you urgently.
Usually under a CFA the solicitors pay the disbursements, therefore they may have been concerned about such a high value claim given the cost of issue.
If the cost of issuing has not put you off, then you can either speak to IM again and tell them you will pay the issue fee disbursment if they will continue to help, find a new solicitor or prepare it yourself.
I would suggest you contact the law society or search online for a solicitor who specialises in "chronic pain" or "pain syndrome" asap to see if they would be willing to help.
I would also suggest you read the information on this link if you intend to issue - - which explains how you start a claim in the Court.
The form you will need is the N1 Claim Form located here (this link also takes you to the guidance notes) -
I am sorry that I have been the bearer of bad news re the fee, but if you intend proceeding the form is straight forward and I can give you some advice on completing this if you wish.
Customer: replied 1 year ago.


I can see now why they said that they want to step out of this case. Before this time they were all go go go and all of a sudden they found lot of excuses to kick me out of their offices. I am now clear why.

1. it is very difficult to prove the pain syndrome and win a case

2. 5% Fees on the claim amount

3. Loosing this claim to them is a large loss

So is the fees pay up front or pay when you have won or loss the case?

Can the claim be a lesser amount even though the actual loss of work pay slips prove otherwise?

I have spent all my savings in trying to get better by going to private doctors and specialist rather than waiting on NHS and even travelled abroad for help.

I will go through the links you sent me and will come back to you if I need some help in filling in the particulars.

Many thanks for your help so far...

Expert:  Kasare replied 1 year ago.
Yes, the silly thing is, that if they had of issued the claim pre the March 2015 increase they - or you - would not have had to pay that huge court issue fee!
On the guidance notes for the Claim Form there are details to see if you can claim a reduction to the issue fee. The issue fee has to be paid at the time of issuing the claim.
Essentially, the legal fees on claims such as this (especially the firms like IM) are usually in the region of £100k + plus disbursments (which can be another £25k)- but if there is a risk that your claim will not be successful then they have the right to cease acting I am afraid.
Please don't forget to accept and rate my answer. Of course I will continue to answer further queries.
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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