My stressful county court claim

[heisenberg]

Dear all,

I am beginning to feel stress at an insurmountable level.

I have a somewhat slack solicitor who told the other side we would be willing to consider the terms of a settlement this afternoon. This solicitor then vanishes from the office without reason.

The other side sent us a detailed legal/settlement documents (e.g. a Tomlin Order) at around 4:30 pm asserting that the offer is only valid until 5:00 pm. Seriously?

This solicitor is also meant to assisting me with redrafting my Particulars of Claim and is also meant to be assisting with a skeleton argument. This solicitor has been on notice of this for over a month and I have not had so much as a single written word. from him The documents are due on Tuesday.

Any advice/input appreciated.

[heisenberg]

Re: My stressful county court claim

The other side has made an offer of settling the matter purely on accepting they will not make an application for costs (which I suspect they will not be granted in any event). The key terms of settlement, however, which trouble me are as follows:

"[The Claimant] agrees that the terms of this Agreement shall be in full and final settlement of all and any claims that [the Claimant] has or may have against [the Defendant] or any of [the Defendant's] members, psychotherapists, psychotherapeutic counsellors, representatives, principals, agents, officers, directors and employees whether past or present, actual or contingent, known or unknown, suspected or unsuspected, arising from or in any way relating to the Litigation and the subject-matter of the Litigation or otherwise. For the avoidance of doubt, such settlement shall include any costs orders made in the Litigation to date."

Does this mean that I would be revoking my right to bring any claim that arises through facts post-dating this agreement i.e. if I suffer discrimination post-dating this agreement in respect to the parties named above? On the face if it, it seems I would be agreeing to that as the above terms seem to be subject to wide interpretation. It is the phrase "may have" that troubles me as with extending the terms to involve all and sundry (almost all of the psychotherapists and counsellors in the country).

I don't really think they are doing me any favours in this proposed settlement agreement in any event.

[wales01man]

Re: My stressful county court claim

Are they offering enough money to settle this so you will not take any further action?

[heisenberg]

Re: My stressful county court claim

Are they offering enough money to settle this so you will not take any further action?

Not a penny.

[heisenberg]

Re: My stressful county court claim

Another question:

I have brought a number of heads of claim under one case. If I refine the Particulars of Claim and narrow the issues/number of claims could I be liable for costs?

The Defendant has failed to engage in the pre-action protocol and has failed to file a defence to date. The case is yet to be assigned to a track (I anticipate the small claims track).

[heisenberg]

Re: My stressful county court claim

Does anyone know if I can sign the settlement papers and e-mail them back to the other side or do I need to send them in the post? I need to sign the Tomlin Order and another document and have another witness sign this document 'acting in my presence'.

I am concerned that I need to file and serve legal documents on Tuesday and want to wrap it up before then.