Sue an individual if company no longer trading

[Northmark]

I believe I did at the time raise the issue of payment of wages to the office staff at the company, but was treated with discrimination and derision.

I did not bring claims sooner as I did not feel able to due to fear, intimidation and considerable trauma and mental distress caused. Some of my injuries are progressive injuries which have worsened over time and some of the injuries did not become apparent until more recently. Also other factors beyond my control, such as the Covid pandemic have delayed making a claim any sooner. Would that be considered as acceptable exceptional circumstances?

[atticus]

Unlikely, in my opinion.

But my opinion is not that of the judge deciding the case.

[Northmark]

Unlikely, in my opinion.

But my opinion is not that of the judge deciding the case.

I understand claims that are out of time can still be brought under certain circumstances. Could you expand on what kinds of special circumstances those would be?

[PallasAthena]

I did not bring claims sooner as I did not feel able to due to fear, intimidation and considerable trauma and mental distress caused. Some of my injuries are progressive injuries which have worsened over time and some of the injuries did not become apparent until more recently.

(1) What is the nature of the trauma and mental distress caused?
(2) What are the injuries that have progressed over time?
(3) Do you have professional medical evidence confirming that these injuries prevented you bringing a claim earlier?
(4) Which injuries have only become apparent more recently?

I ask to stress the point that it is no good you merely asserting these points to the judge. Every one of them will need expert medical evidence from a specialist in the field to put before the judge.

[Northmark]

Thank you for all of the replies, which have been very helpful. I will come back with any update or replies received. Thank you for any further info or thoughts in the meantime.

[Northmark]

(1) What is the nature of the trauma and mental distress caused?
(2) What are the injuries that have progressed over time?
(3) Do you have professional medical evidence confirming that these injuries prevented you bringing a claim earlier?
(4) Which injuries have only become apparent more recently?

I ask to stress the point that it is no good you merely asserting these points to the judge. Every one of them will need expert medical evidence from a specialist in the field to put before the judge.

Thank you.

(1) What is the nature of the trauma and mental distress caused?

Related to physical injury, and substantive mental anguish and trauma caused by all of the other factors of my complaint, including, non payment of wages, discrimination, bullying, harassment, defamation, breaches of contract, breaches of data and serious invasion of privacy, amongst other things.

(2) What are the injuries that have progressed over time?

Various mental health issues, including PTSD, complex anxiety and depression disorders and other physical health conditions, which are very "industry specific" and would not wish to elaborate on, as would easily identify the owner, and I believe might therefore put my claim at risk.

(3) Do you have professional medical evidence confirming that these injuries prevented you bringing a claim earlier?

Yes.

(4) Which injuries have only become apparent more recently?

I am not able to disclose that in detail as would be identifying, but are very specific physical injuries, in addition to various other health conditions.

[Pezza54]

Do you intend to represent yourself (lip) if you go ahead with a court claim?
A judge may think that a person with the mental disorders that form part of your claim would be incapable of representing themself.

[Northmark]

Do you intend to represent yourself (lip) if you go ahead with a court claim?
A judge may think that a person with the mental disorders that form part of your claim would be incapable of representing themself.

Thank you. Yes I may have no other choice if this has to be dealt with through the courts, but would hope the other party will also wish to settle amicably without any need to pursue through the courts.

I despise the stigma attached to "mental disorders" and would hope that any reasonable judge would not discriminate against any person having to represent themselves, due to any "mental conditions". Some people suffering from metal health conditions may well be incapable of any independent living, however those who are still capable, does not necessarily mean that their injuries are any less severe, or incapacitating.

I would like to thin that any judge acting in UK courts would not reserve any discriminative judgment against anybody with any health conditions, whether physical or mental.

[atticus]

No, but you need to have strong evidence of your condition(s), and powerful reasons for not having been able to present your claim(s) in time.

[Pezza54]

The defendant doesn't sound the sort of person who will settle amicably. Wishful thinking on your part. If he is as wealthy as you say he will have no qualms appointing legal representation.
What you have suffered is worth more than £10k and probably more than £25k. You could contact a solicitor offering no win no fee and a free 30 minute consultation.

[Northmark]

The defendant doesn't sound the sort of person who will settle amicably. Wishful thinking on your part. If he is as wealthy as you say he will have no qualms appointing legal representation.
What you have suffered is worth more than £10k and probably more than £25k. You could contact a solicitor offering no win no fee and a free 30 minute consultation.

Thank you. Yes he is a billionaire and has now passed it to his solicitor. Under the circumstances and considering what I have written to him, I think it would be very cruel of him to force me into taking legal action through the courts and dragging this out any more.

The nature of my claim would also be very damaging for him if taken through the courts and potentially made public, although maybe he doesn't quite see that yet, or hasn't taken my communication very seriously yet. I am surprised his solicitor has not yet advised him to offer to settle, but I am hopeful and optimistic that he might wish to settle swiftly. A decent a quick settlement would certainly be in my better interests as well and even a very huge settlement wouldn't exactly put much of a dent in his wallet.

[Northmark]

No, but you need to have strong evidence of your condition(s), and powerful reasons for not having been able to present your claim(s) in time.

Thank you. Yes I believe I do.

Are there any examples of exceptional circumstances when claims can be brought outside of time limitations?

Also any tips, ideas or suggestions of how to encourage somebody to settle swiftly and amicably would be appreciated.

[atticus]

Search through Civil Litigation Brief - you will find numerous examples.

The best way to force someone to settle is to convince them that there is a strong likelihood that the alternative will be worse, i.e. that you have a strong case that you are ready, willing and able to take all the way to trial.

[Northmark]

Thank you. I will have a read through that later.

In terms of the injuries, some of those have worsened over a period a time and the severity of injuries has only become apparent more recently and the physical injuries have only presented themselves more recently.

The other elements of my claim really would need to be heard, as they are absolutely relevant to the injuries.

I do not believe the exceeding of time limitations would cause him any prejudice at all, and I do still also have evidence relating to the other parts of my claim.

The actions caused by the company, including the defamation were so severe that I was forced to leave my other full-time job at the time. I was not in a position to bring any claim sooner due to personal circumstances which meant making any claim would not have been in my best interests at the time, as it could have resulted in being unable to obtain any other employment at all. Making any claim at the time could have also affected the careers of other people and I did not feel able to make any claim, due to the nature of the claim and the status of the person involved.

I was also extremely intimidated and traumatised, so therefore lacked mental capacity or ability to claim sooner. Some people are unable to process trauma for a very long time, if ever, and I did not feel able to make any claim sooner. Plus the existence, nature, and/or severity of my injuries were not apparent until more recently.

I understand claim such as childhood abuse do not have any time limitation for similar reasons to the above, which I think would apply to my claims in a similar way, but not sure how I would present that to make any application to bring my claim.

I have stated in my letter that his denial of any liability would not stand up to detailed scrutiny of the courts and made it clear that if not resolved amicably, I may be forced to take legal action through the courts.

Should I have sent any evidence along with my letter, or offered to provide evidence? I will let you know when I receive any response. Should I contact the solicitor again with any questions I have, or should I wait for reply?

[Pezza54]

Please read the advice regarding claims for psychological injuries on www.accidentclaimsadvice.org.uk

Their advice is to start a claim asap but there can be exceptions in some cases where the 3 year limit is extended.

The website does not say what these exceptions are, only that you should contact them about your case. The website mentions they could provide you with a solicitor prepared to take on your case on a no win no fee basis.

The company you are dealing with may have legal expenses insurance. If you mentioned "claim" in your correspondence that would have triggered an insurance claim. The insurance company would have appointed a solicitor who wrote to you early in the proceedings.

To get anywhere I believe you are going to have to appoint your own legal team and provide past medical reports and be prepared to undergo future psychological examination.