Out of court settlements

[Guest]

Party A has admitted being negligent resulting in an injury to me. They were a former employer. A discussion between my lawyer and theirs has resulted in a tentative discussion over compensation In line with accepted published court results. I have been advised that I will lose a percentage of that claim as a gesture of good will toward an out of court settlement.
is this correct?

my solicitor will not commit this part of the legal process to paper and will only discuss the ‘good will’ over the phone.

[R0b]

Doesn't sound right to me. You might expect a little less compensation than if you went to court because that's expected in out of court settlements, you negotiate a middle ground without the risk of leaving it in a judge's hand and avoiding the additional expense.

I can only think that the percentage you might lose is the no-win no-fee percentage if that's what was agreed but I don't get where this goodwill deduction comes from.

Why not force the solicitor's hand and email them for a response? Tell them you are writing further to their telephone call, put in writing what you were told and ask them what he/she means by this goodwill deduction. More importantly, can the solicitor explain why they are refusing to explain the goodwill in writing and will only discuss it over the phone.

You will have a paper trail and if the solicitor refuses, you can make a formal complain in line with their complaints procedure, failing that then you take it to the Legal Ombudsman.