Profitable at Trial? – White Dalton Motorbike Solicitors


I’ve an uncommon question. I had an accident a few years in the past. A woman pulled out of a aspect street and into my path. I hit her and went over the automotive.

My solicitor took my case to court docket and I gained 100% (in 2023). I now have an issue with [name removed] who’re telling me I owe them £10,000 in rent prices. My present solicitor tells me he can’t advise me additional as his job completed when he gained my case at court docket. What can I do?

Reply

Let’s give this some context. You suffered accidents in a simple automotive versus bike street site visitors collision. The girl driver disputed she did something mistaken, therefore why your solicitor wanted to concern court docket proceedings and put this earlier than a choose. Your solicitor did a superb job as you gained 100%. Your case was then about ‘quantum’ i.e. How a lot cash are you due? Right here is the place issues went a bit awry. I can see you had a medical report to your accidents, all good right here. You additionally had an inventory of damaged elements in your bike and your equipment. That is all supported by proof and the choose accepted this and awarded you damages.

Nevertheless, the £10,000 seems to be for a rent bike you got after the accident. I gained’t identify the corporate which gave you this bike, however let’s name it ‘Dodgy and Dodge, Dodge Restricted’ (‘DDD’). The choose made £0 award to your rent bike prices primarily based on the actual fact you can not show you wanted a rent bike in any respect, by no means thoughts on an inflated ‘credit score’ rent foundation. The choose was completely entitled to make that discovering primarily based on the proof he had earlier than him.

Your case has now ended. You bought the damages you have been entitled to. It seems DDD has now reared its head and desires its £10,000 from you. They seem sad the choose awarded nothing, however don’t perceive judges could make such choices!

DDD can’t attraction the choose as they don’t seem to be a celebration to proceedings. The choose, fairly rightly, didn’t permit this sum to be claimed in opposition to the driving force who knocked you off. That’s all. He didn’t determine on the legality of the contract you signed with DDD.

Right here is the place the issues begin. In case you signed a contract with DDD then, below the phrases of that contract, you owe £10,000 regardless of the result of the trial. This appears a tad unfair however that’s the authorized place.

Your present solicitor would wish a brand new retainer in place to characterize you on this new case, because it has nothing to do with the woman who knocked you off. It has every thing to do with the paperwork you signed with DDD. Until you may present the settlement was void ab initio i.e. void from the outset, such that it contained unlawful clauses or was not sure, I believe you’ve gotten
actual issues.

Now could be the time to actually lawyer-up as you’ve gotten £10,000 at stake, from an organization, DDD Restricted, which is aware of you’ve gotten some cash as you gained at trial. There isn’t any such factor as a free lunch.

Gavin Grewal