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CPR witness statement - non compliance issue!!!!

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  • CPR witness statement - non compliance issue!!!!

    Hi
    looking for proper advice please. I recently attended a court hearing for a 3 year old personal injury claim. (Minor whiplash injuries) defendant claiming that the claim is a lie and no injuries present, attended court to give evidence. Within 5 minutes the whole thing was over, as the solicitor who prepared the files had not adhered to the new CPR compliance and had used an old witness statement template that did not adhere to the new regulations set in April 2021. She also basically copy pasted 4 claimants witness statements and they all sound identical. As a claimant with no legal knowledge I was unaware this would be frowned upon when I signed the statement. Anyhow, the claim was struck out and did not get as far as giving evidence. Costs ordered to be paid to the defendants side. Solicitors admit that this is there error, and would be covering costs and would not be liable for this however did mention that that may appeal the decision.
    my only concern with this: if appeal accepted by the court would claimant have to re-attend court?

    the act of actually going to court over this was extremely anxiety provoking, there were multiple inconsistencies in the defendant statement, and the thought of being called a liar by a barrister has really caused a lot of stress and worry over the last three years. I had hoped it would all be out to bed to move on from it. I am currently 33 weeks pregnant, and the court is over an hour and 15 minutes drive, the drive alone is stress inducing, due to being in a city. I am an anxious driver anyway. Is there anyway if the appeal is accepted I can request for the solicitors to drop it? I don’t want anything more to do with this whole affair, it is really hanging over me now and to go through another full day at court I am feeling worried already. Iv found the whole thing quite distressing. This was solicitor negligence that the claim was struck out, are they likely to pursue an appeal and can I request that they don’t? I don’t think it would be fair on my self to have to do it all again now. Especially being heavily pregnant 7 weeks from giving birth and dealing with stress and anxiety. I do not even care about compensation I just do not want a court case over me. The drive alone is enough to stress me out, never mind doing the whole court experience again for a 2nd time.

    I hope I have put this across correctly.

    thanks in advance to anyone who can advise me where I stand if my solicitors decide to appeal the courts decision. And if I have to go back to court.
    Tags: None

  • #2
    If the solicitor you mention was instructed by you, that solicitor needs your permission to appeal. Further, you have a claim against that solicitor for negligence.

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