Injury Claim Advice

[letsmakeamark]

This has now been going on for some time.

 

I was injured at work a few years ago. That night was my last night at work.

The following morning i did not go back.

However i was never able to report the accident.

I did try to twice via email and several times via phone but each time i was turned back.

 

This claim went to three no fee no win companies who all eventually said no chance to me.

I was never medically checked over by a expert.

I was however assessed by a Physio and had the injured area scanned (sonar) via gp.

 

However before the three year limit expired i had a claim issued via the ccmcc.

I then served this on both parties with a scan report i received.

Believe me i did do my research in this.

 

what has happened is as i did not have any expenses i did not attach these just a POC but i forgot to attach any medical evidence etc.

I haven't been able to get a expert to say what is what.

 

The claim forms and POC were served in time.

However now one defendant has come back three weeks after service asking me to extend this.

Their acknowledgement only went in recently.

 

The other defendant has asked for the claim to be struck out on the following basis :

 

To strike out the claimants claim for failure to comply with practice direction 4.1 (service of schedule of loss) and 4.3 (Service of medical evidence) of part 16 of the civil procedure rules.

 

to pay the defendants costs of and occasioned by the application, to be subject to detailed assessment, If not agreed.

 

What do i do ?

I do not want to name the defendants etc.

 

 

[letsmakeamark]

So nobody knows what to do ?

[AndyOrch]

So you issued the claim three weeks ago and one of the defendants has only just acknowledged service...they only have 19 days to acknowledge service.

The other defendant acknowledged on time and has made application to strike out for the aforesaid reasons.

 

Its your choice to offer extension to submitting defences pursuant to CPR 15 (5)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

If neither have submitted a defence by day 33..you request judgment...unless the defendants application is processed on time and a hearing is called.

 

Andy 

[letsmakeamark]

So what do i do with the application to strike out the claim ?

[AndyOrch]

Has the defendant submitted the N244 application ? have you been served a copy ?  Has the court issued a hearing date for the application ?

 

[letsmakeamark]

I have been served a copy . No hearing date as only happened in the last few days.

[AndyOrch]

The other defendant has asked for the claim to be struck out on the following basis :

 

To strike out the claimants claim for failure to comply with practice direction 4.1 (service of schedule of loss) and 4.3 (Service of medical evidence) of part 16 of the civil procedure rules.

 

to pay the defendants costs of and occasioned by the application, to be subject to detailed assessment, If not agreed.

 

Personal injury claims

4.1  The particulars of claim must contain:

(1) the claimant’s date of birth, and

(2) brief details of the claimant’s personal injuries.

4.2  The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims.

4.3  Where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim.

Wait now until the court informs you of the hearing and what date...you will then be required to submit a witness statement in response and objection to the application to strike out.

This must be filed and served not less than 7 days pre hearing.

 

Andy

[letsmakeamark]

First defendant has filed acknowledgement and also has applied in a similar way to the other defendant for a strike out. However a request for judgement has been submitted for this pre the acknowledgement.

Edited July 11, 2019 by letsmakeamark

[AndyOrch]

You have requested judgment ?

[letsmakeamark]

By default 1st defendant.

[AndyOrch]

Have you used N225 or N227 ?

[letsmakeamark]

N225

[AndyOrch]

Okay it may be rejected in view of their applications...we will see.