Personal injury claim struck out, can I appeal?

[Amar31]

Hi

4 years ago I was involved in a head on RTC while at work. I was the Paramedic in the back of an ambulance caring for my patient. We were hit by a car on the wrong side of the road, he was prosecuted by police, I have since had to give up the job I loved due to psychological problems caused by this accident.

I started a claim with a large local solicitors and the other party admitted liability very early on. The insurers were reluctant to help and refused to pay anymore than £2000 for counselling even though I was suicidal and I needed much more help. I offered to pay for this myself but fortunately the psychologist offered to take payment when the claim was settled.

this claim was due for a 2 day hearing in the county court in December 2022. Unbeknown to me, my solicitor was going through a difficult time at home and did not follow court directions. They did not file updated medical and personal statements or an updated schedule of loss.

This resulted in the claim being struck out, even though liability was admitted and they made a section 36 offer.

The firm are no longer able to help and have advised me to seek counsel elsewhere. I have done this, problem is they want £8000 to appeal the strike out and won’t work on a no win no fee. I don’t have this money, and can’t take out a loan on an appeal which is by no way guaranteed.

I still want to try to appeal, and mental health providing, am prepared to try myself. I know I can go down the negligence route, but no longer have faith in solicitors, nor do I want to go under a no win no fee for negligence as the only people gaining from this is the legal profession, while I struggle with taking one day at a time.

Any thoughts or advice on how to appeal a strike out would be much appreciated.

[NeedLawhelp]

Have you considered McKenzie Friends. https://www.legalchoices.org.uk/type...kenzie-friends. I've not had much experience down this route. Just know that they aren't solicitors but have legal experience, and nowhere near as expensive.

[Amar31]

Thanks for the advice, I’ve never heard of them so will give it a go

[Balood31]

There are a few routes you can take. You can act as a Litigant in Person and appeal the strikeout yourself. There are plenty of resources out their to help LiPs... I don't know the fees but it may cost you something in the way of hundreds.

Route 2 is that if the matter was struck out because your solicitor did not do their job, they now become responsible for your loss. You can take action against them. I believe they have to have insurance..