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Personal Injury Claim via CFA - do I have to agree all actions my solicitor proposes?


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I am part way through a claim for Psychological damage in the workplace, which is being funded via a CFA. I have seen one expert witness, whose report was very favourable to me, with regard to the cause of my mental health. The defendants have now requested that I see an expert witness appointed by themselves, which is due to take place shortly, and I am happy to do so. The mental health team, who have been working with me for the last 3 years, are confident that the 2nd expert witness will not find an alternative reason for my illness, either via my medical notes or discussion with myself.

 

I was rather surprised to receive a letter from my solicitor, suggesting that he makes an offer to the defendants under Section 36. This offer would be for 60% of the lowest amount which I would be likely to be awarded if successful in Court. At this stage, I had not anticipated that we would be offering a low settlement figure, as my solicitor had indicated that we have a strong case, with paperwork and witness statements from colleagues to evidence what happened.

 

My own thinking is that it is better to wait a couple of weeks for the 2nd expert witness report, as this is likely to strengthen our case. As this case is funded via CFA, do I have to agree with the action proposed by my solicitor, or risk losing the CFA funding?

 

Thank you.

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It is very sensible to get a Part 36 offer on the table because of the costs benefits of doing so if you later win more than the offer in court.

 

You'll need to check the terms of your CFA. Sometimes they talk about not accepting a reasonable settlement offer, but it wouldn't normally cover refusal to make an offer.

 

60% would usually be seen as a pretty good settlement figure. Obviously it depends on the strength of your case, but to be honest many personal injury claims are not successful and there are usually arguments the opponent can run to reduce the level of damages.

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