How much did my claim settle for?

I’m just the process of completing a personal injury claim as a result of non-fault accident back in May 2022. My solicitor has emailed me a figure from the third party insurer to which I have agreed. My concern is how do I know if this is the actual figure? I’ve asked for a copy of the formal offer from the 3rd party insurer but instead my solicitor shared a copy of a CPR Part 36 which he composed. Should I be concerned?

Mark L, by e-mail

Answer

You refer to Part 36 of the CPR. CPR is the abbreviation for the Civil Procedural Rules which are the court rules covering litigation in England and Wales.  Part 36 is the section of the rules dealing with offers of settlement of claims.

Solicitors are under a duty not to mislead the court or their clients. If a solicitor deliberately misleads a client as to an offer of settlement then that is a serious disciplinary offence which could lead to that solicitor being struck off the roll of solicitors and unable to practice.

It sounds like your solicitor may have made a counter offer on your behalf in response to the insurer’s offer but that would have required your specific instructions. I do not understand why your solicitor should refuse to provide you with documentary evidence of the offers made and received. If you are concerned something underhand is going on, you can make a formal complaint which should resolve this for you.