Medical Negligence and discrimination Claim, Question about filing protectively

[LegalBeegal]

Hi

I hope this is the right place to ask, I can't afford to keep paying a solicitor right now.

I am bringing a medical negligence and discrimination claim against my local NHS. I understand the discrimination element must be bought to court within 6 months. The events in question have taken a huge toll on me and my PTSD symptoms are preventing me from engaging with the material (which I need to do in order to provide the relevant parts to my solicitor). My solicitor wants £3000 to file protectively to buy us more time but I can't afford it right now.

My question is, is this something I could reasonably do myself? From what I've read filing protectively only requires a bare-bones summary of the case, which I think i can manage. Is that correct? Grateful for any input.

I did use the forum's search function but nothing came up for 'filing protectively'. Is there any guidance on here?

[JK2054]

I think a LIP may be able to. Its quite difficult for me to say because I have a job in a law firm, so to me it would be second nature, but I can't remember whether or not i think I'd have been able to do it before. It's not hard but its just got to be done correctly,, otherwise you end up in a cycle of bulk centre applications.

I'm not sure why your using a solicitor though, that is paralegal level work.

[LegalBeegal]

Hi

Thanks for the response. Sorry for the confusion, by "solicitor" I meant the firm.

Could you offer advice or point me to a guide for doing it correctly so I don't end up in the cycle of bulk applications please?

[JK2054]

use a different firm of sols
no firm of sols would charge 3k to file protectively

[LegalBeegal]

I'd love to but this is the only firm I could find to take the case. All the others are no win no fee and it's too complex for them

[JK2054]

nothing is too complex for NWNF, what you really mean there is no NWNF firm want to take it on, because they don't think they'll get much money as a result of it, either because you wont win, or whatever you win wont leave much for them.

As for filing protectively, having conisidered it over the last 2 days, I would say its not something a LIP could do because it becomes quite technical with dates and thigns

[Oldcynic68]

You could also consider applying to the court for an exceptional circumstances request related to the the PTSD issues your experiencing and you could explore if the option is still available to you to set aside your case for a specific time period speak to the Judge or the courts, although the courts typically won't provide any guidance on filling the forms, and try to write up the documents yourself if possible - and I would question the cost of the filing even though I don't know what the filing protectively for it to be that expensive.
Explore the generative AI options, I am advocating my own case and the Ai helped me with the correct document structure - it may be an order to complex this route
But I would definitely suggest that you make requires for setting your case aside until your health is better and also the exceptional if either options are open to you you could submit the exceptional to explain your current situation and the reasons for the claim not progressing and then set aside your case if you can as the courts are there to ensure you get a fair hearing

I hope you are better soon


Regards


Adrian Hook

[JK2054]

lowkey not sure what you think AI is gonna do but ok.

be very careful with AI and court

[JK2054]

also you cant set aside a case you haven't made.