"NO WIN NO FEE" CLAIM AGAINST ME

[vie]

Please help...i am desperate for advise.I Am a very new business owner, began my business in Feb this year. I use my lock up premises to sort parcels and then local couriers collect them for delivery. The couriers are self employed.,
when I first set up, I put strict regulations in place for the couriers that they have set collection times, and that they must not enter my premises; their parcels will be wheeled to them to load at the shutter door.
Approx a month after I had started, a courier came on to my premises uninvited, before his agreed collection time, whilst I had nipped into my office. He dragged his cage of parcels himself off of my premises to outside the door. Once outside of my lock up, he pulled a parcel onto himself, which he says resulted in neck sprain and dizziness. I now have this to contend with, I personally think is not my fault , as he shouldn't have been pulling my metal cage out of the lock up, and indeed shouldn't have been inside in the first place. I also cannot see why, as a self employed person he is not liable for his own health and safety outside of my premises.
The "no win no fee" solicitors say they will take me to court if I have not admitted liability by end of Aug. I do not want to pay him out/I cannot afford to pay him.
If I get a solicitor and go to court, can I get expenses back if he loses, as I cannot afford costly solicitor fees/ court costs.
please help.

 

[dan@webpeasy]

I put strict regulations in place for the couriers that they have set collection times, and that they must not enter my premises; their parcels will be wheeled to them to load at the shutter door.

Can you clarify that point? Exactly how are these regulations enforced or passed on to the courier? E.g. signage, verbally, written….

It does sound like a classic case of trying it on. But it all comes down to how well enforced and clear these 'regulations' are.

 

[vie]

Hi there, the couriers were told verbally by the Company's Field Managers on the day that I opened, and are continually being told since. I have statements from each field manager that was in attendance that day to confirm this, and also from the courier that was working next to the complainant that day, which states that he saw him enter the lock up and pull his own cage, when they had categorically been told not to.

 

[vie]

Each solicitor/barrister that I speak to seems to agree with me that he is in the wrong, but I have just set up my business and I cannot afford the astronomical fees that they are quoting! And apparently I don't get any re-imbursement?

 

[vie]

These regulations are in force in every sub- depot that the company (Hermes) use.Though obviously I run the sub depot on a self employed basis, as are the couriers self employed , with a contract with Hermes.

 

[Forbes Burton]

Vie appears you have done the right thing and taken appropriate legal advice. I would tend to agree that he is in the wrong. I do not believe you would get any re-imbursement, but check whether you can get a "costs award". That way if you win it will have cost you nothing, but guess you then have to take the gamble that you will win - seems to me that your advisors believe you will. Do you have any insurance that would cover the fees ?

 

[Newchodge]

Do nothing. Do not admit liability and do not deny it. Let them take you to court as they will then have to specify exactly why you are liable. Then seek advice about your response. It is most likely that they will not issue proceedings, however if you respond they may find something in your response to hang a claim on.

 

[vie]

Thank you . I do not have any insurance to cover costs. This is so horrible it is making me ill...guess it's a learning curve!
It's a bit scary to not do anything. Do I just wait to see if I get a court summons?

 

[Eagle]

Hope you let his tyres down!

 

[TradeSmart]

As Newchodge said, do nothing. Let them take you to court.

 

[cautiouscapy]

So you're a sub-contractor to Hermes, or a Franchisee?

 

[DvanBins]

I'm not a specialist litigation lawyer, but the general rule is that if you win a case, you can get a cost award to reimburse you for your solicitor's costs. However, there are certain exceptions, for instance if the claim is less than £ 10,000. But any specialist litigation solicitor will be able to let you know the exact rules (they will often tell you for free).

If it is likely that they are in the wrong I would probably wait to see if they will actually bring a case or not, before spending money on a solicitor. However, if you fear there is a chance they are in the right, it might be worth asking a solicitor to take a look at your case, as in that case it might be better to settle.

Different solicitors come at different prices. You could try a comparison site like ours to get an indication of the costs. Often solicitors will be willing to have an initial free phone call during which you can already ask a lot of questions. So that might be worth doing as well. Good luck with it, I can imagine it is very stressful having something like this hanging over your head.

 

[vie]

I do not have a franchise....

 

[vie]

Thank you for the replies.
I am adamant that he is wrong. I am going to wait to see what happens next with this claim.
The only thing is , if I do have to go to court to prove it, it is the expense.
Can I counter-claim if I win?

 

[carl.atkinson]

Do you have public liability insurance? If so I would recommend that you report it to your insurers and I expect that they will cover the costs of legal representation.

In a way it could be good news if the claim against you is being brought on a "no win no fee" basis because I would expect that there will be an insurance policy which has been obtained by the Claimant which will pay out and cover your legal fees in the event that the claim fails (i.e. you win). If this is correct you should be able to recover most of your legal exposes if you are successful.

Please get in touch if you need any further assistance (07846 966573).

 

[Caz12]

Could you let him take you to court and then once he has counter sue him for trespassing and damaging your stock? He may call it all off before it gets to court. (I'm not a solicitor but it is cheaper to counter sue)

 

[Caz12]

Also check your insurance you may have legal cover

 

[vie]

Thank you everyone for all your replies......lol at Eagle...I could do a lot more than let his tyres down! DONT tempt me !!!
I don't have liability insurance ( or I didn't . Do now...stupid I know..long story)
I've checked home insurance/credit card etc for legal cover but none.
I have seen a local solicitor who gave me 2 hours of his time for free. He has helped me draft a letter back to this guys solicitor , and he seems to be confident that they won't pursue it. I am not so confident, but watch this space!

 

[vie]

WELL...this is STILL ongoing!
I am using a solicitor who is a friend of a friend. He now advises me to admit liability ( which is infuriating and feels so very wrong) as he states that the case could cost approx. 15k to fight , with no reimbursement of my costs ( which I just don't have) but to pay the claim would be between 1 - 5k ( which I don't have)
If I have to pay I have to pay, but I am livid that this guy has won and it literally makes me feel sick! The law is a real ass.....is this really correct?

 

[Newchodge]

You have instructed a lawyer who, presumably, has seen all the case papers and everything else. Their advice must be better than anything you can get on a forum.

 

[The Resolver]

Put in a written invitation to mediate. That has the advantage that, if he refuses, he puts his legal cost recovery at risk since the courts increasingly are punishing those who refuse mediation even if they go on to win the case. If he agrees then there is the advantage that the costs of mediating will be significantly lower than going through the court.

You should also be challenging the claimed injury. Neck strain is one of those conditions that it is difficult objectively to assess much like whiplash. These soft tissue injuryclaims are currently being subjected to a much stricter regime for proof since there has been an industry set up hitherto in exaggerating such claims in road traffic cases.

 

[smallclaimsassistance]

Hi, this is what I do, in addition to my business. Is the solicitor a PO litigation solicitor? It may be the right advice on the evidence but it doesn't sound like it to me.

There are various arguments here, the most obvious of which is trespass. Someone above touched on it. If the claimant has permission, express or implied, to enter the premises, he has protection from the Occupiers Liability Act 1957, which protects him from hazards created by THE STATE OF THE PREMISES, rather than his activities on the premises - point no 2. If he has no permission, and your description suggests this was the case, he is legally a trespasser, and his protection is ltd to the Occupiers Liability Act 1984, which, long story short, would not win his case for him.

As I said the second point is the activity. He was carrying out an unauthorised activity which would negate his protection by the 57 act. There are numerous points here which could defeat this claim, although I temper that by saying that this advice is based on what you've said above and if the evidence were to present a different picture, the advice would change with it.

Pm me if you want help. You do have a chance of defeating this but you may have to pay your lawyer to do it.

The first thing I would do is get some PL insurance.

Good luck.

Dean

 

[smallclaimsassistance]

Is the solicitor a PO litigation solicitor?

Sorry, I typed that on my phone - I meant PI lawyer.

PS: Vie, I have just looked at your profile - there is actually a relatively easy, and fool proof, way around this. Check PM.