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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
Fraud requires evidence to be provided and the fact the trial did not go ahead doesn't matter - an insurer can still mark someone as fraudulent unfortunately. But like I say, they need a reason. By accepting a drop hands offer it insinuates your claim may have been exaggerated. The court doesn't need to try the claim for an insurer to put you on the list.
Your legal team should have agreed the drop hands offer only on the proviso the offer is accepted with no admission that there was any fraud. As your legal team didn't do this, the insurers have seen fit to add your name to the register. So potentially you have a professional negligence claim against your law firm. You could ask the Financial Ombudsman Service to look at this but there is no guarantee they will assist in this situation. You could negotiate with the insurer but there is likely a serious impact on you which you have already mentioned - to do with your employment. You could sue for professional negligence for future loss of earnings. We couldn't assist you as this is an internet forum and not a law firm but here are a list of law firms who could help you on a no win no fee basis, so nothing to pay up front:
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Yes, it would mean threatening to issue court proceedings, to ask the court to make an order forcing them to take your name off. Its's be a Part 8 claim form (fee of £308 unless you qualify for a fee exemption) - the fee is recoverable if your application succeeds. You would need a letter before action to send to the insurer just to say you intend to do this unless they agree to remove your name within the next 21 days.
(insert their name and address) (insert date)
LETTER BEFORE ACTION
Re: Fraud Register
I refer to the above matter. (Insert details of the dispute).
This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.
I therefore put you on notice of my intention to issue county court proceedings against your company , for an order from the court in relation to my name being placed on the fraud register (to ask the court for an order competing you to remove it), unless you confirm in writing that you will agree to remove it. I expect your response no later than 4 pm on (insert date 21 calendar days).
Should court proceedings be necessary I will claim the court issue fee and statutory interest.
I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.
That's a template letter before action which you tailor and send to the insurer. If they didn't come back to you after 21 days then you could then issue a claim (with a Part 8 claim form) and send to the county court business centre with the fee of £308, payable to "HMCTS" - which stands for Her Majesty's Courts and Tribunals Service.
I would ask one of those firms to do it for you - as you will be against the insurer's solicitor if you don't. The firms can also help with a professional negligence claim against your former legal team
I am not sure, you will need to speak to an employment lawyer on this site to ask (I deal with other legal matters but not employment). It should be OK to post a new question at no extra charge on this site.
It just means you each walk away from the court proceedings and bear your own costs. There is no mention of an admission of liability or anything else.
It could be construed as that yes. Generally a drop hands offer if accepted just means you each walk away - when it says "without prejudice" it means it's an offer not for the court's eyes and a genuine attempt to settle. The insurer has gone too far in my view unless you accepted there was fraud for example.
Yes, that's all you can do i'm afraid. The insurer is regulated by the Financial Conduct Authority - you could ask the FCA for their view and if they can put pressure on the insurer - you can reach them on 0800(###) ###-#### so that's another option.
My pleasure, it'll get sorted i'm sure.