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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Ltd company - defending high court claim for

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I'm Ltd company and yesterday received a high court claim for clinical/medical negligence (noted as 1 of 4 defendants) I'm not a clinic/surgeon, this isnt my business activities, I'm not insurered for such. i assisted client with travel arrangements. The claim doesnt register any complaints with the service i offered it is all 'clinical negligence' signed Contract for liability is between client and hospital/surgeon and monies paid direct to hospital surgeon in another European country law. I have no clinical liability insurance as its impossible to obtain, my company isnt profitable and cannot afford a barrister should the case go to trial at high court. I need help what to write on the defence paperwork to have my details removed from this paperwork. The paperwork (N1 claim form) 6th May but letter dated 2/9 (only received it yesterday) the other 3 defendants haven't received any paperwork - Acknowledgement expected by tomorrow (16/9). It doesn't even have an address on where to send it just 'royal courts of justice' can you help?

Hello my name is ***** ***** I will help you.
Is the claim form sealed, Ie has the crown stamp on it?
Customer: replied 2 years ago.

yes red stamp dated 6th may (issue date) - queens bench action department - high court of justice.

Customer: replied 2 years ago.

i am not a clinic,

i am not a surgeon

i am not medically trained

i did not accept any monies for this medical treatement

i did not sign contract with claimant that she would 100% receive treatment

i have no contracts with hospital, clinic, surgeon

i arranged her travel and hotel - which forms no complaint in the claim

claimant paid hospital directly after she met them agreed procedures signed contracts under Polish law.

paperwork says "i carried out business as specialist tour operator supplying packaged travel under english law packages included travel arrangements including surgery.

Ok. Does it not have a claimant address on the claim form under claimant?
Customer: replied 2 years ago.

yes - it has the claimants home address, but paperwork all was sent to me from her medical negligence lawyer, do i send the response directly to the claimant or to her lawyer or to the court?

You send an acknowledgment of service to the Royal Courts of Justice.
That address is:
The Strand
Then my defence you send to the court and also the claimant lawyer. But from what you have said, you do not seem liable.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

what wording should i write on the defense to make it clear that i am not liable and wish to be removed from this case? i already write 4 pages step by step explaining everything. do i include this again?

maybe i need just 1 or 2 sentences for this court defense paperwork?

is this case already at court or is it possible for them to drop me as defendant?

You need to file an acknowledgment first, that gives you another 14 days.
Then I would suggest given the claim is high court you get a solicitor to draft a defence for you. If the case is then dropped against you, you would be entitled to the legal cost back.
But given its high court I would get a defence professionally drafted.
Does that clarify?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

My questions was I needed help what to write on the defence paperwork to have my details removed from this paperwork. your answer was go see a lawyer!

You want me to draft the defence for you?

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.