Claim against Parliamentary and Health Services Ombudsman.

[Agamemnon13563]

Hello everyone.

 

I submitted my N1 form plus fee and supporting evidence to CCMCC on 25/1/17 regarding Disability Discrimination by The Parliamentary and Health Services Ombudsman.

 

 

Having looked on this site,

I noticed advice being given regarding P36 rules but in doing so I am now a bit confused.

 

 

My question is:

- If The PHSO make a financial offer to settle and I refuse on the grounds that I am claiming for damages/compensation,

which depends entirely on the judges discretion and therefore have no idea what the award could be,

will this go against me if the judge awards less than the settlement offer?

 

Thank you in advance.

[BazzaS]

Yes.

It matters not if the damages are at the judge's discretion : to some extent all damages are at the judge's discretion!

(In so far as if you claimed for a specified sum, the judge still decides what if that sum you are entitled to : all or part).

 

If you receive a part 36 offer consider it carefully. What matters (regarding costs) if you refuse it is if you eventually gain judgment in excess of that offer, or not. The costs implications of Part 36 are much more rigid than those of part 44 ('Calderbank offers'), reflected in the stricter formalities for an offer to be a Part 36 offer.

[Agamemnon13563]

Thank you for response BazzaS, that makes things a lot more clearer.

[steampowered]

Hello and welcome to CAG

 

You should be aware of the risk that you will be ordered to pay the Defendant's legal costs if your claim is not successful, and that these could run to thousands of pounds.

 

If your claim is not successful, then (assuming your case is allocated to the fast track or multi track), you should expect to be ordered to pay the defendant's legal costs regardless of whether any settlement offers were made.

 

If your claim is successful, but you were awarded less than what had been offered, then (assuming your case is allocated to the fast track or multi track) you should again expected to be ordered to pay the defendant's legal costs.

 

If your claim is successful, and you are awarded more than what had been offered, then (assuming your case is allocated to the fast track or multi track) the defendant would normally be ordered to pay your legal costs and it is possible to claim a litigant in person rate for this if you are not legally represented.

 

That is the basics. There is more detail to it than that, but it is all academic unless you do actually receive a Part 36 offer.

 

While the judge does have discretion as to the amount which is awarded on a successful discrimination claim, this discretion will be exercised on the basis of case law. By looking at other comparable cases you can get an indication of whether your case has a realistic chance of success and, if so, what a realistic award would be. For a starting point you can look up the Vento guidelines.

[Agamemnon13563]

Hello everyone.

 

 

The PHSO were supposed to submit an acknowledgement of service by 24/2/17 but I have not received it. I contacted CCMCC on Monday 27th and I asked if one had been received, they told me that nothing had been sent to them and that I should send in the form requesting judgement in default, which I did that same day. On Tuesday the 28th, I received a Special Delivery (guaranteed by 1pm) package sent directly from the PHSO legal team, inside was a defence form (dated 24/2/17) and a copy of their defence statement/response.

 

 

Please can someone tell me, what happens now and is there anything else I need to do?

 

 

Thank you in advance.

[BazzaS]

You wait : and see if the court enters summary judgment, or if the court accepts the defence and allows the case to proceed.

[Agamemnon13563]

Thanks again BassaS, much appreciated.

[Agamemnon13563]

Hi everyone.

 

 

I would like to ask the more seasoned members a question , which has been annoying me,

 

 

If the terms stated in a settlement agreement, which was agreed early last year, consisted of the following:

 

 

IT IS AREED THAT:

 

 

1. The defendant accepts that she did not properly consider her duty to make reasonable adjustments under s.20 Equality Act 2010 when requested to do so by the

Claimant.

 

 

2. The defendant will, after seeking the Claimant's comments, consider what, if any, impact this failure had on the Claimants complaint and notify the Claimant of

her opinion. The Defendant will contact the Claimant to seek these comments within 10 days of the Claimant accepting the Defendant's offer.

 

 

3. The defendant agrees to meet all of the Claimants reasonable costs (including court fees) until this point in proceedings and any incurred in relation to the settlement.

 

 

However, the PHSO are NOW stating in their defence bundle that the following was proposed in the settlement agreement:

 

 

The Ombudsman apologised to the Claimant and proposed that the whole of the claim be settled on the basis that the Ombudsman:

 

 

1. Accepted that she failed to consider reasonable adjustments.

 

 

2. Provided the Claimant with an opportunity to make any comments he would have made on the draft report had his request for an extension been granted.

 

 

3. Reviewed the results of the investigation in light of any comments to establish whether the failure to make reasonable adjustments had impacted on the results of

the investigation, and,

 

 

4. Paid the Claimants reasonable costs.

 

 

HAVE THE PHSO MADE "FALSE" CLAIMS IN THEIR DEFENCE?

 

 

Any comments/advice would be appreciated.

 

 

 

 

P.S Costs have STILL NOT been paid.

[Ganymede]

Was anything signed or confirmed in writing?

 

We would also need to see the full Particulars of Claim.

[Agamemnon13563]

A claim was made last year but it has been an ongoing attempt to resolve the case. The settlement agreement was made official (signed) and sent to the judge, who stayed that particular claim.

 

 

I decided that instead of reopening that claim, I would start a new one.

 

 

Do you want to see my new/current claim?

[Ganymede]

Ok I'm confused now.

 

Have you started a new claim for exactly the same thing despite your 2016 claim being stayed after both Parties signed a Consent Order?!

[Agamemnon13563]

The first claim was merely to obtain an admission of guilt and to give them the opportunity to "do the right thing".

[Agamemnon13563]

If it helps, I will attach the two N1 forms and particulars of claim.

[Ganymede]

If it helps, I will attach the two N1 forms and particulars of claim.

 

Yes please.

 

Less any personal information of course.

[Agamemnon13563]

Hope I've done this right.

 

I have added the settlement agreement too.

 

Hope I've done this right.

n1-eng.pdf

Document H.pdf

Particulars of claim.pdf

[AndyOrch]

Claim number still showing on document G...uploads unapproved.

 

Andy

[Agamemnon13563]

Sincerest apologies (blame the meds).

Document G.pdf

Particulars of claim.pdf

[AndyOrch]

[BazzaS]

Claiming 150K? noting there are Human Rights issues??

I'd expect the case to be transferred to the High Court.

 

If the County Court decides it is simple enough to be kept in the County Court, it'll be multi-track.

Tread warily; even if you feel you have a strong case you don't want to get it wrong and lose on a technicality ; as this will be multi-track the costs implications of losing could be significant.

 

It is easy to 'slip' procedurally ; as an example your N1 should total your claim for £150k, and court fee of £7500, but then you've put 7500 as the total, not 157,500 .....

[Agamemnon13563]

Thanks BassaS.

 

 

So much I would like to say/do but at the moment I can't do anything until I hear what's happening because of their late submission of defence.

 

 

Their defence submission alone sent me through the roof lol.

[Ganymede]

I have added the settlement agreement too.

 

I'm even more confused now.

 

Have you got the Claim Form and Particulars from the original claim?

 

You can't start a new claim on a the same facts as before, or are all the allegations and acts of discrimination new ones?

 

So much I would like to say/do but at the moment I can't do anything until I hear what's happening because of their late submission of defence.

 

If the Court have accepted the Defence then nothing further will happen and that will be the end of it.

[Agamemnon13563]

..They broke the Settlement Agreement and because of that, from what I have found out, I can either reopen that claim or begin a new claim.

 

 

They committed additional acts off discrimination whilst the Settlement Agreement was being acted on and I think that because of that, it's not classed as new but "in addition too"

 

The claim form in comment box 19 is the first claim I made and the settlement agreement is in comment box 16.

[Agamemnon13563]

Just received "Notice of Proposed Allocation to the Multi Track" giving me until 13/4/17 to fill in Directions Questionnaire form N181. Also included was a copy of the defence but still no sign of acknowledgment of service.

Edited March 14, 2017 by Agamemnon13563

[Ganymede]

It's meaningless now as a Defence has been filed.

 

Time to move on and prepare your DQ.

[Agamemnon13563]

Hi everyone

 

 

I have attached a draft copy of my N181 DQ, please can someone check and provide advice on any amendments I need to make. I am in the process of writing my draft directions.

 

 

Thank you in advance.

COPYN181.pdf