settlement

[Fredrick]

We are involved in a multi party civil claim, ourselves being sued for 2.2million. The case has been in existence for 6 years with little action, apart from being transferred to the High Court.
Over the past six years we have been offered Mediation and a letter without prejudiced. Others in the group have heard nothing. Today we have been offered a settlement in the form of a charge on our house to come in to effect when we sell or die.
My question is we have still not seen any evidence, so are we within our rights to ask for this before negotiating any settlement.
We no longer have legal advice as it was costing too much money. Any help advice greatly received.

[atticus]

You do not say whether you think you can achieve a better outcome than that which is offered to you. You do not say the amount of the proposed charge on your property.

What on earth has been happening that the case is still ongoing 6 years after issue?

[Fredrick]

Well again we don't really know, the last suggestion was to settle for £250,000 which I guess is what they are after. It is an insurance company trying to recoup money that was paid out In compensation. I have no idea why it is taking so long, just stressful and would love it to be over. It is a complicated case but as I said we have had absolutely no paperwork, and 8 in the group have not heard anything since 2020.

[Pezza54]

When you say "we" who do you mean? Then you use the word "others", who are the "others"?
A £2.2m claim as a charge on a property will mount up at 8% interest p.a.

It is difficult to believe that little action has taken place over 6 years. Perhaps your solicitor hasn't kept you updated

Did your solicitor pass on all the paperwork when you terminated their employment? If you end up at a trial in the high court do you intend to employ another solicitor and barrister?

What is the evidence you require to determine the strength of the claim? Did "the defence" document state that the claimant has failed to prove his claim and if the requested evidence is provided, the defendant reserves his right to amend his defence?

You should also think about what could happen if you lose in court. A charge could be put on your property and the claimant obtains an order to force the sale

[Fredrick]

We is my husband and myself. Others are former employees at the place of work who are also involved in the case.
We have had all the paperwork from Solicitors, there is hardly anything since the county court case where the judge handed it over to the High Court.
We have not even got to sending the defence in. The judge at the time said there was no rush.
We realise that we could loose the house, but it's such a shambles.

[Pezza54]

Six years since issue of the claim and no defence filed. Is that a record?

Did you receive a county court judgement and your solicitor filed an application to have the ccj set aside?

[Fredrick]

Seriously I don't know. No CCJ, just nothing happening apart from the odd letter to let us know they are still there. I really think they don't want to go to court, but are just doing enough to keep us hanging on.

[atticus]

What advice do you need?

[Pezza54]

The claimant would have paid £10k court fee to start a claim, the defendant didn't file a defence, and the claimant didn't apply for default judgement.
Doesn't make much sense. How much did your solicitor charge you and the other defendants?

You stated the insurance company is trying to recover compensation money. Was it their mistake or are they claiming fraud was involved?

[Fredrick]

My husband and I have paid out 11,000 in solicitors fees as obviously we are 2 people. It went to County Court in June 2020. That was a mess as it had to be done by phone due to Covid and too many people were involved for the Judge to understand it all. He then said it was above his pay grade and was transferring it to High Court. Since then next to nothing has happened. Like I say they have communicated a couple of times with us and only us to try and get us to settle.
With regards to the Insurance company our old employer gave them the go ahead to recoup the money that they had paid out in compensation. They said that all claims had been fully investigated, but nobody has ever ask us. We were told that they had paid out on our behalf.

[Fredrick]

Can anyone tell me if this is allowed the whole way this is being dealt with. We are currently both on medication and it is having a big effect on our life. I don't want to settle for something I didn't do.