I said that I would confirm a bit of what we spoke about.
You need to find out how her claim is funded and whether there is the benefit of After the Event Insurance because the concern would be that she’s going into this blindly and she doesn’t have the money to pay the legal costs of you and the others, in the event her claim fails.
If there is no insurance, or they won’t tell you, then you need to make an application to court for an order for Security for Costs which means that she will either have to produce the money or evidence that she has a house or whatever that could be sold to pay the costs.
I mentioned making her a part 36 offer.
I will explain how Part 36 offers work.
You make an offer is Without Prejudice Save as to Costs and then it cannot be produced in court as any kind of admission that you admit or agree anything. The court do not know about the offer.
If the matter goes to court and the other side failed to beat a Part 36 offer then they have to pay all the costs of both sides from the date of the offer onwards.
It works on the basis that if someone has made a reasonable offer and the other side just go blindly to court, and they don’t reap what was already offered, they have wasted the court’s time and they get penalised financially.
The wording of Part 36 offers is extremely important and even solicitors got it wrong for a long time so the government have kindly produced standard form:
You would need to qualify the offer to say that it’s on the understanding that each party pays their own costs because a part 36 offer is usually subject to the paying party paying the other person’s costs.
I said I would also tell you about the correct format for witness statements. You also need Statement of Truth at the end of the witness statement.
Please note that the Statement of Truth at the end of a witness statement has changed. It changed quietly on 6 of April 2020.
Here is the form of witness statement on the government website which at the time of putting the link together, still had the old Statement of Truth.
Here is the new wording: https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/
No problem at all. I am glad to help. Please come back to me at any time if anything needs clarification. Kind regards.