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Worried claim will be struck out. Fees etc

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  • Worried claim will be struck out. Fees etc

    I am claiming for a data breach and been diagnosed with a personal injury. It has been going on 2-3 years. They deny liability and have rejected a part 32 offer (I think it’s called)
    It is at stage of going to court allocation. I am trying to claim for £5k.

    I am on no win now fee. My solicitor is pushing towards a fast track but defendant wants small claims so that is to be decided in 2 weeks.

    in the last 2 days the defendant has come forward with new evidence stating they didn’t actually misplace my information and it was an error and they have data and information to prove this.

    they said if I discontinue claim now I won’t be charged any fees from them. But I asked my solicitor if I can do that they said I can’t and it goes against their advice so if I don’t that I will have to pay my solicitor fees.

    my worry is what will happen next. If it goes to fast track and goes to court my solicitor says I’m protected as it’s a personal injury claim.

    what if they apply for a strike out before and are successful. Will I be liable to pay 10s of thousands of pounds in fees
    Tags: None

  • #2
    Original thread:

    https://legalbeagles.info/forums/for...ut-possibility

    Comment


    • #3
      What where your damages? They may have made an error but unless you can show damages you are unlikely to be award anything. You cannot just invent a figure, you have to show that you have experienced £5k worth of damages otherwise the judge will tell you to go away.

      Comment


      • #4
        I had no cost affects. I suffered a personal injury due to the stress it caused.

        does that make sense?

        the barrister who works for my solicitor values around 5k

        Comment


        • #5
          I wonder what medical evidence/opinion suggests @ 5k of damage ? Has the medical expert who examined you made these comments ?

          Comment

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