Strike out possibility

[Jonasmith89]

Hi

I have a claim against a bank who sent appears to have sent my bank details to the wrong person. It has dragged on through solicitors for months now and multiple part 36 offers rejected. I have been diagnosed with a personal injury as a result of the stress so claim is for personal injury and not distress. I am on a no win no fee basis.

There is a hearing this month to see if case will go down small claims route or fast track route.

In the meantime the defendant has messaged my solicitor and said if I drop charges now they won't charge me any fees.

As far as I was aware there wasn't to be any fees to pay to them but the way they worded it was as if I would have to pay their fees.

If it goes down fast track my solicitor has confirmed they can't charge me fees as I have had a perosnal injury so protected by the one way costs shifting and if it goes down small claims route then no liable for any of their fees.

Can anybody offer any advice?

[atticus]

Where does the possibility of a strike-out come into this?

If your solicitor is acting on a CFA, then generally he can only charge a fee if you win.

If you lose, you may be liable to pay the defendant's costs, subject to the question whether QOCS applies.

[Jonasmith89]

That’s the question. My solicitor said I should qualify for QOCS. My worry is paying defendant fees. I’m worried if the case is for some reason struck off.

this is a data protection claim.

thanks a lot for your time replying mate.

im just worried sick

[atticus]

Have you discussed this with your solicitor? Have you been offered adverse costs insurance?

[Jonasmith89]

Is that after events insurance?

yeah I have he told me not to worry they are just trying to scare me and we have to push for fast track

[atticus]

It is.

Your solicitor knows the case far better than we do. Do you have confidence in him?

[Jonasmith89]

Not really. I think they are all out to get it issued to fast track otherwise they won’t get any fees. There is a decision soon on track route and in a way I think I’d prefer small claims.

[Jonasmith89]

How much is after events in insurance? Do they have to honour it if I want that?

[Jonasmith89]

They continually state don’t worry you should have QOCS as it’s a personal injury. I am so worried about defendants costs

[Jonasmith89]

Can you or anybody else offer any advice?

[atticus]

The cost of ATE insurance depends, just as the cost of car insurance depends on things like the car, age of driver etc. In the case of ATE insurance variables include assessment of the case and amount of cover.

[Jonasmith89]

Does that protect against strike out?

[atticus]

It protects against the insured risk, in accordance with the terms of the policy.

[Jonasmith89]

After court has been issued is a strike out not possible? Once it has been directed to fast track or small claims?

[atticus]

An application to strike a claim out can be made at any time.

Has an application been made to strike your case out?