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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6942
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My claim 3yrs 4months has just been served on the Defendants

Resolved Question:

My claim 3yrs 4months has just been served on the Defendants Solicitors (Work related accident when employer admitted full responsibilty of claim).
In the 11 hour beforeClaim was considered null and void because of timing, I noticed my acting solicitor put in a limited amount for Damages in the Claim details.
Is he allowed to make a judgement without discussing with me first?
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.

Court fees are paid depending on the value of the claim. The higher the claim , the higher the fee. A solicitor will obviously have to assess the value of a claim in any event to see whether it is worth pursuing and there is no point in paying a higher court fee than necessary. The value of damages in personal injury cases is based on previous awards for similar style injuries and solicitors will refer to reference books such as Kemp and Kemp and/or the Judicial Studies Board guide to the value of personal injury claims to guage the value.

As such, valuing the claim is something the solicitor would be expected to do. However, whilst this may be the case, it is something that the solicitor could have explained to you.

I hope this helps. If there are any further points please reply. Kindly note I will be offline shortly but back on tonight

Best wishes

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Are the damages mentioned intended for my highest award or are they intended for the Barrister and solicitors fees who have been acting for me?

Expert:  Michael Holly replied 2 years ago.

The damages are the upper limit of what your claim is likely to be worth to you in respect of the damages awarded to you.

They have no relation to either the solicitors or barristers fees.

Best regards

Michael