County Court claim against organisation for emotional distress? - can this be done?

[Helpme2019]

Hi ROB

Yes, I have got some advice and, although the solicitor is unwilling to act due to the time limit for negligence having elapsed some time ago, they have advised that they consider my case may be a suitable one for this discretion to be exercised.

It has also been confirmed to me that the correct form to issue the claim if the N1 and that the fee is simply a money claim fee based upon the value of the claim (i.e. the compensation I am seeking). I presume this is correct and, as such, I can issue the claim through MCOL?

I am going to have to seek a stay of proceedings to allow me the time to complete the pre-action protocol. How do I ask for a stay of proceedings (i.e. form and fee) and at what point would I request this (i.e. immediately after issue of the claim)?

Thanks for your assistance with this!

[R0b]

You may want to try and get a second or third opinion if you can before weighing up whether to proceed. S.33 applications are certainly beyond my scope in terms of constructing something sufficient.

Curious however, if the solicitor declined on the basis of limitation but said that the case might be suitable under s.33, was there any reason why the solicitor didn't want to take your case on that basis? Did he or she give you prospects of success in terms of %?

Whilst your case might be suitable, that doesn't always equate to good prospects.

[Helpme2019]

Hi

The Solicitor said that they would not be willing to act to apply for this discretion because the time period that has passed is just too long for them to accept.

I have decided that I am going to take a chance and issue the claim, as I believe I have a good chance of success....at the very least, I can then say I tried, which means a lot to me and the memory of my child. I am only going to claim a nominal amount of damages, as the money does not matter to me; I simply want something that says they were wrong. I understand the risk of costs if I am unsuccessful.

I don't suppose you have the answers to my queries do you? These being -

- Is the correct form the N1?

- Is the fee simply a money claim fee based upon the value of the claim (i.e. the compensation I am seeking)?

- Can I issue the claim through MCOL?

- How do I ask for a stay of proceedings to complete the pre-action protocol (i.e. form and fee)?

- At what point would I request the stay (i.e. at time of making the claim or immediately after issue of the claim)?

- Does the claim form have to be served on NHSLA in addition to NHS England, or does this just apply to pre-action protocol (i.e. Letter of Notification and Letter of Claim)?

Thanks for your assistance with this!

[Helpme2019]

Hi

Would really appreciate it if somebody has the answers to my queries, as I need to issue the claim by tomorrow....I really would like to get it done this evening though.

Many thanks.

[R0b]

This forum largely provides assistance around consumer rights and like I mentioned before, what you are asking help with is a specific subject area that likely goes beyond our expertise.

Of the questions you have asked, I can say for certainty that you cannot issue the claim via MCOL because that is for money claims which your application is clearly not.

The lack of replies are probably an indicator that no one has the answers for you and I have to say you seem to be determined to have a go at this and I do wonder as PT also mentioned that you could very well end up with some serious costs against you. You've admitted that you don't want the money and are looking to claim nominal damages and if that is the case, the court could be minded to strike out your case as de minimis and academic.

I think it would be naive of you to rush this through and issue the claim tomorrow without any real thought behind it but at the end of the day, it's your choice and you have accepted the consequences if it goes pear shaped for you.

All I can say is good luck but I suspect you will fall at the first hurdle.