No win no fee issue

[seanamarts]

Need a bit of advice here for a friend who cannot afford a solicitor.

 

Quick run down.

 

Friends is a masseuse, working in many different areas including hot stone massage.

She is very professional and has done many years in training for what she covers.

 

A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it.

 

Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure.

 

Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent.

We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional.

 

This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins.

 

Any advice at this stage would be greatly appreciated.

[AndyOrch]

Client has stated or written her a letter before claim ?

[seanamarts]

Client has stated or written her a letter before claim ?

The client has never approached her has only gone straight to these no win no fee solicitors.

My friend had no idea that anything was up until she got this solicitors letter.

[BankFodder]

I'm afraid that a sign disclaimer won't help very much because you can't disclaim against a breach of contract or negligence where that negligence causes personal injury.

 

On the other hand, if it turned out that she was being deceptive as to the disclaimer then that would help to discredit her evidence. If I were her I would suggest not referring to the matter of the disclaimer at all until it got into court. Then your friend could raise the fact that she had signed a disclaimer. If the claimant then said that she hadn't, it would be the time for your friend to produce the sign disclaimer and to allege that she was trying to mislead the court.

 

This would be fatal to the case but it would be helpful.

[seanamarts]

There was no breach of contract though??

There was a consultation first, which she signed to say that she had had, but has now denied that she had a consultation and also signed a disclaimer to state that she had no ongoing injuries or illnesses that would be impeded by this treatment.

 

Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

Edited April 14, 2018 by dx100uk
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[Bazooka Boo]

Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

[seanamarts]

she really doesnt want to get to the court stage, she is going through some serious personal issues at the moment which I cannot repeat, hence why Im helping her with this so to take some of the strain from her.

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

 

Oh I totally agree, but she really wants this stopped in its tracks as soon as possible. I just want to do this as quickly and with as little mess as I can and at no costs to my friend.

Edited April 14, 2018 by dx100uk
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[AndyOrch]

Could you possibly scan and upload this letter ( redacted ) ?

[seanamarts]

Could you possibly scan and upload this letter ( redacted ) ?

I will try and get it tomorrow.

[king12345]

Hot stone massage causing a torn ligament???

No doctor on this planet would ever sign anything even suggesting such nonsense.

I bet it's a bit of fishing from the nwnf solicitor thinking that your friend is covered by insurance.

Many ways to deal with this, but if i was your friend i would contact the solicitor and point out 2 things:

1. Where's this doctor report?

2. I have no assets, so even if you are successful you won't get a penny

Of course you would need to dress it up a bit

I bet the nwnf solicitor would run faster than husain bolt if he knew your friend has no assets.

[Ganymede]

Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

 

 

Yes, disclose all the disclaimers now and nip this claim in the bud during the pre-action stage. That way it shouldn't get anywhere near a Court.

 

She should also point out that she has no public liability insurance and no assets. Might make the solicitors think twice if they can't recover any costs from your friend.

 

Your friend has no right to see the Claimant's medical records or reports until the claim is issued.

[mariner51]

Every Contract has an 'implied Duty of Care'.

I would not reveal my Defence until required by Court, but would start compiling it now.

Similarly, until then, your friend has no Right to the Claimant's Defence.

All your friend can do at moment is say to Claimant/NWNF Co. 'see you in Court' or a she sk for advice from a suitably qualified Solicitor.

It is wrong to assume she has no assets at all.