Application against us for forgetting statement of truth

[helpmeunderstand]

We are acting as litigant in person on a personal injury claim (two broken legs) and started out by issuing proceeding on-line using Money Claims On-line but the form did not allow us to enter the claims particulars so we sent them by email but without a separate statement of truth because nothing advised us that we had too.

Later we sent a separate statement of truth covering the particulars of claim previously sent and because we were late we now have an application against us going to court where they are asking for the case to be stuck of for breach of CPR rules.
We are also in trouble over medical reports because we did not send any independent report because the defence team had already been given permission to request our sons medical Records/Notes/Reports from the hospital and we had also agreed that our son could be medically examined at a later date using a doctor chosen by the defence team so in effect we believed that the defence team was already in receipt of the medical documents needed for the case.

Thanks for your help

[pt2537]

Hi there

The first problem i see is serving the particulars by email unless of course you have the other parties direct consent to accept service by this method.

Second, the failure to verify the Pleadings with a statement of truth is a problem, you can rectify this by filing and serving a signed set, with the correct statement along with an application for permission to rectify this error. This could be the way out of the hole you are in but you may be ordered to pay the othersides costs because of your failings.

Personal injury isnt my area of expertise but i would suggest getting some proper legal assistance as you appear to be in real difficulty here and you could end up losing what may be a good claim due to your procedural errors

[Peridot]

Hi Helpmeunderstand,

Irritating but not insurmountable. How old is your son? If he is under 18yrs then he has until his 21st birthday to bring any claim but you can of course act as his litigation friend before he reaches 18.

It may be advisable to go to a specialist personal injury lawyer to deal with this claim for you. Provided the facts support the Defendant being more likely than not liable for the injuries they will normally act under a Conditional Fee Agreement (No Win No Fee) although you may need to fund any after the insurance policy premium to protect you from having to fund the other side's costs in the event you were not successful.

You can find specialist lawyers in this area on the Law Society website here:- http://solicitors.lawsociety.org.uk/