Breach Of Terms of Part 36 Offer

stitchwitch

I wonder if someone with knowledge of PI insurance give me some advice?

I'm the personal representative of the estate of someone who was killed 3 years ago by a drunk driver.

As the deceased left a 8 year old child, we began a PI claim. Clearly I have used the services of a solicitor.

The insurance company made a part 36 offer last September which was accepted within 21 days, however as there is a minor involved, we were required to go to court to ask "direction" (part 8) from a judge to ensure the court agreed. The file was heard in March this year and the barrister representing the insurance company, my solicitor and the Judge agreed a the monies would be paid within 21 days.

The insurance company have in no way contested the claim and neither have their own litigation solicitors BUT the payment has not been made. My solicitor has written to both the insurance company and the solicitors on many occasions but we have still not had a reply! We know the letters have been received and copies have been sent through a DX system.

I've now been advised to apply for enforcement order.

I simply do not understand WHY it has got to this stage. I would imagine the insurance company will incurr penalties and fees in addition to the monies agreed in the part 36 offer.

I'm a little unsure of what an enforcement order will achieve if they have already breached a part 36 offer. The insurance company is underwritten by Admiral.

I've read that the court may order a baliff to go to the premises, put charges on shares etc

The situation I have is that applying for the order is going to cost me ALOT of money up front. I'm so tired of fighting these guys that I actually just want to curl up and let them get away with it.

If there are any litigation experts etc reading this I would be very grateful for your advice.

OnanTheBarbarian

I'm surprised the solicitors who dealt with the claim for the infant and issued the Part 8 proceedings for court approval have not jumped all over this with the relevant enforcement proceedings and subsequent instruction of the sheriffs office to go around and collect the monies due.

At the end of the day, the defendant (and therefore his insurer) are in breach of an order from the court.

Quentin

If you have been advised by your legal team then just go for it


The cost of the enforcement will be added to the amount they pay.

agrinnall

Have you or your solicitor contacted Admiral about it? If they are underwriting the insurer I can't imagine they'll be too happy at the prospect of having to also pay the enforcement charges on top of the claim, and may put pressure on the insurer to pay up.

OnanTheBarbarian

Admiral are the underwriters. You would be shocked at how often this happens with insurers, trying to trim a few quid from their overheads by reducing staff numbers, yet pay for it royally when claimant lawyers have to sue for breach of contract or enforce a court order.

stitchwitch

Hello. I kind of lost the plot due to all the stress I was going through at the time. and didn't visit the forum again. I'd like to thank everyone who responded. Finally, the matter was resolved but it took a barrister to threaten to involve a High Court Baliff.