Struggling Schedule of details for past and future expenses in disabled court claim

[JinnyD]

Hello

I am taking a public body to court for disabled discrimination and have been asked to submit a Schedule of details of any past and future expenses and losses.

This I believe comes under hurt feelings, but also due to my disability, the stress from having to fight has caused substantial ill health.

As for the rest I am a complete newby and haven't a clue how to work out my own costs for the trial.

It's to be heard in fasttrack and due to my disability the court has been extremely considerate and given extra time for each stage of the process.

Thank you

JinnyD

[charitynjw]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Hi JinnyD & welcome to Legal Beagles.

Why fasttrack?

[JinnyD]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Hi

Thanks for replying.

It was allocated to fasttrack by the court.

[charitynjw]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Hi JinnyD,

Obviously quite a complicated claim, especially as you would need access to Quantum tables (& be able to read them to maximum potential).

Have you considered a CFA/DBA no-win-no-fee arrangement with a solicitor expert in the particular area of law (PI?).

[JinnyD]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Hi
Thanks again for replying.
I've been using the new Community Legal Advice service for discrimination.
I am on benefits, so access to any other form of legal help is restricted. I have one week to do this.
Is there a website/book that a novice can use?
Thanks
JinnyD

[charitynjw]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

IMHO it really is not something that a novice should attempt.

However, if you feel confident enough, here is a link to Ogden 7th Edition.

http://www.gad.gov.uk/Documents/Other%20Services/Ogden%20Tables/Ogden_Tables_7th_edition.pdf

[SpringerSpaniel]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

The Ogden tables are for personal injury.

I thought this case involves discrimination, which is a different cause of action ?

What is the nature of your losses, Jinny, eg loss of earnings, extra expenses ????

[JinnyD]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Hi

Costs are for my past and future costs in pursuing the case in court. I'm doing it myself, not by choice. I'm not sure what those costs will be. I'm not sure what extra expenses will apply.

Damages are for hurt feelings.

Also potentially damages are for physical and mental harm caused by the behaviour of the Public Body over the last year.

I have the kind of disability where by doing an activity e.g. speaking on the phone, writing letters, meetings and the stress involved over even a short period of time causes increased disability, which I recover from over a few days. Over a long time this level of activity and stress causes increased disability which can take months to years to recover from.

Increased disability, is loss of voice, loss of motor control of arms, reduction in mobility, pain, inability to think clearly. then because my body is in a reduced state I become more susceptible to frequent, recurring infection.

the impact is cumulative. Also how do I quantify the impact on my family, including my disabled child.

Thank You for replying
JinnyD

[SpringerSpaniel]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Costs for pursuing the case are a separate head of claim form losses which flow from the alleged discriimination. Recovery of costs as a LIP is provided for in the CPR and has been addressed recently in another thread.

[wales01man]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Think you need very specialist legal help can see from your last posts the stress of the case will make things worse,you need a professional to put your case forward if the council fight this as you would expect with a hard nosed solicitor they will pull you to pieces ,no one on here would I hope advise different it looks very difficult to prove anything or claim anything when you are so stressed.
Please get the help you need someone on here may advise someone ,I wish you the best of luck with your fight but have a feeling it will get harder and your health will suffer

[SpringerSpaniel]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Does your case involve failure to make reaasonable adjustments ? eg there was a succesful claim made against DWP by a partially sighted woman because the print on forms to claim Disability Living Allowance was too small for her to read

You need to think about how you have LOST money eg by being too ill to work; or INCURRED expense eg paying for extra childcare, haivng increased travel, paying for someone to assist you because of the worsening of your condition. You should separate financial loss of this type from i) worsening of your healht as a result of the conduct of the defendant body; ii) distress / injury to feelings; iii) costs.

If you are claiming that your health was damaged, you should provide medical reports as evidence of this.

If you think there are adjustments needed to make the service(s) accessible, are you asking for an order that these be made ?

[SpringerSpaniel]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Jinny,

It may be helpful if you move your thread into VIP and post a redacted Particulars of Claim (POC). It will be easier for memebrs to help you with the schedule of loss if you post the POC.

In general, you need to think about how the problems caused for you by the defendant have translated into extra EXPENSE eg paying for more childcare or more assistance for yourself, extra travel or loss of income.

[JinnyD]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Thankyou, I'll do that but it'll take some time. And thanks everybody for your advice it realy is appreciated.

JinnyD

[charitynjw]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

Isn't there also some kind of questionnaire that can be sent to the other party?

[SpringerSpaniel]

Re: Struggling Schedule of details for past and future expenses in disabled court cla

The questionnaire relates to a claim for unlawful discrimination in employment, and is sent s part of evidencing liabiility.

I think Ginny is confident as to liability but wants help on evidencing quantum, for which a schedule of loss is needed ?