"Esure vs me" court date

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  • maddogb
    maddogb Posts: 473 Forumite
    Well as expected last minute after a nearly a year they are offering to settle, lots of sabre rattling, threats etc. very professional not...
    It does have my curiosity piqued as to whether a judge will value a full settlement without admission of liability the same as a simple full settlement?
  • Nobbie1967
    Nobbie1967 Posts: 1,457
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    maddogb wrote: »
    Well as expected last minute after a nearly a year they are offering to settle, lots of sabre rattling, threats etc. very professional not...
    It does have my curiosity piqued as to whether a judge will value a full settlement without admission of liability the same as a simple full settlement?

    Yes,

    if it went to trial, esure would still not admit liability, but a judge could find them liable for the full amount. Ensure are effectively saying that they'll pay you the money before judgement is made. If you continue to court having been offered the full settlement, you will likely be made liable for costs.
  • Mercdriver
    Mercdriver Posts: 3,898
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    maddogb wrote: »
    insurers are making tens of thousands each day from this scam, they sure as hell won't settle and will attempt to delay any final judgment as long as possible.

    If they think there is any chance they will lose, they will settle before court to ensure no precedent is set that can be relied on by others.
  • maddogb
    maddogb Posts: 473 Forumite
    A winning party will be made liable for costs?? Are you sure about that? Sounds a bit ridiculous.
  • maddogb
    maddogb Posts: 473 Forumite
    Some one else on here said a precedent cannot be set in small claims.
  • dacouch
    dacouch Posts: 21,637
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    Mercdriver wrote: »
    If they think there is any chance they will lose, they will settle before court to ensure no precedent is set that can be relied on by others.

    There is no precedent set in county court.

    The "Judges" in effect make their own decision based on the evidence provided and in effect who they find is the most believable witness.

    They do take note of higher courts prededents but tend not to take notice of other county court judgements as they know each cc judge has judged on the case presented before them.
  • agrinnall
    agrinnall Posts: 23,344
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    maddogb wrote: »
    A winning party will be made liable for costs?? Are you sure about that? Sounds a bit ridiculous.

    But you would be responsible for the costs, if you'd accepted the settlement there would have been no costs.
  • maddogb wrote: »
    A winning party will be made liable for costs?? Are you sure about that? Sounds a bit ridiculous.
    It's not "will be" but "may be".
    If you were taking Esure to court for £X amount and before the court date they offered to pay this to you but you refused it, opting to continue to court instead, a judge could decide that your behaviour was unreasonable.
    If they thought that your unreasonableness cost Esure money and wasted court time just to get a monetary payment that would be no higher than the amount already offered to you then I believe that you could be made liable for costs.
  • dacouch
    dacouch Posts: 21,637
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    maddogb wrote: »
    A winning party will be made liable for costs?? Are you sure about that? Sounds a bit ridiculous.

    You would most likely be made liable for the costs including Esure's if they had made an offer in full but still taken it to court and won.

    County Courts prefer negotiation before and see the actual court date as to be avoided if reasobaly possible. Thus if you're offered the full amount before the court date and continue with the case the court see it as having been avoidable and creating additional costs for the defendant so they generally (Not always) award some or all of the costs against you
  • maddogb
    maddogb Posts: 473 Forumite
    dacouch wrote: »
    You would most likely be made liable for the costs including Esure's if they had made an offer in full but still taken it to court and won.

    County Courts prefer negotiation before and see the actual court date as to be avoided if reasobaly possible. Thus if you're offered the full amount before the court date and continue with the case the court see it as having been avoidable and creating additional costs for the defendant so they generally (Not always) award some or all of the costs against you


    Your first sentence isn't very clear, you mean I would be liable for cost whoever won?


    It's also a bit more complex as I had put in an application for an amendments to the claim, part of this application was accepted but part was dismissed so I have appealed against that and asked for the order to be varied as is allowed via the order.
    This means that the hearing fee has to be paid by the 21st which is also the final day allowed to try and claim a refund of that fee if the hearing is to be vacated hence as this company have not been as good in their word in past events, I am reluctant to announce the claim as settled until the money is cleared in the bank.
    This in essence means they have not paid the full claim which is implied as paying all court fees so is in reality merely an offer close to the claim.
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