Question about bankruptcy a civil litigation case and moving to France or Germany?
Ok, I am suing my ex-university and an academic at the university. He did something pretty bad to me which ultimately ruined my future and of course he has not admitted liability. I have a solicitor, a QC and another barrister who have taken on the case on a no win no fee basis. They served papers on the university and the academic as individual respondents in about April of this year.The university's response has been as follows:
Drop the case and we will level no costs against you.. or continue with it and we will apply to the court to strike out your action on the basis of it having no merit. Their main argument is that they are not responsible for the acts or omission of their employee - the professor. They believe that what he did to me was not doing during the course of his employment - actually it was. They essentially want to fight me. The difficulty with this is that I have nothing to lose and if it gets into the newspapers (as my Barrister said it invariably will, this top university is not going to look very good and neither is the academic).
The response of the academic two weeks ago has been:
He made an out of court offer of £5,000, and an offer to pay all my costs to date (but I believe the university will be paying those costs not him as ). I will not intend to accept it anyway, as he ruined my future and potential career.
So, I am mentally prepared myself for the outcome of the strike out case due to be heard next month.
My lawyers said to me that if I lose the strike out action next month, I would be liable for the other side's costs which would be £70,000 plus. Now I own NO home (i rent), I have no assets or savings. I own nothing of substance except a four year old laptop, a seven year old car worth nothing which is not in my name anyway. There is no way I could pay that £70,000, so there is no way they can get the money from me but they CAN apply to make me bankrupt. So I have decided to move to either France or Germany in the next two weeks using my credit card whilst I still have it! (If I lose, it will go no doubt).
My question is as follows:
I am studying part time with the OU and not working.. (started the course three weeks ago) so they cannot take money from wages that I do not have. I get a small grant from the OU of £260 a term.
If I move abroad, using my credit cards and give the court my new address which will probably be the address of my friend in South France.Can they harass my friend and his family to get the £70,000 from me - will their credit and home be at risk?
To be honest, I could rent a room with a stranger but the same thing may happen I fear... I just do not want to put anyone's home, etc at risk.
Sorry for the long question. I did ask this question before but no one responded about the moving to France or Germany part. They answered about the bankruptcy part. Also just to say, I cannot make myself voluntarily bankrupt beforehand as I do not have the £700 plus it will cost (already phoned an advice centre and that is how much they say it will cost)
ALSO...and A QUITE IMPORTANT QUESTION..
I am going to be given equipment such as a chair, study desk and maybe a laptop as part of my Open University DSA (Disability Students Grant) grant... will a potential bankruptcy court be able to take that from me?
Answer by Cameron
such sensitive issues like these are best discussed with a lawyer. Best most informed person on such technical issues will not be willing to give out this information for free. Talk to multiple attorneys and get a better idea how to proceed with this
What do you think? Answer below!
The Truth About No Win No Fee Claims
Article by Arlene Cuares
Hiring a lawyer for your personal injury claim can be expensive for up front costs. Lawyers can ask from anywhere to 20% up to 75% of legal costs that includes paperwork and hours invested. A "no win no fee" is an option for those who do not have the funds or is not covered under an insurance policy. Under this type of litigation the lawyer simply does not get paid unless you win the case.
Many reputable lawyers offer this no win no fee and there are no legal fees or hidden costs involved. If you do win your case, you have to pay for your lawyer's fees and these will be much higher than if you lost your case. However, you should receive most of this back from the other side and still be left with most of the compensation that you have been awarded.
There are some considerations before deciding on a no win no fee agreement. For starters you have to cover the other side's cost if you should lose the case, which can be substantial. You can get what is known as ' after-the-event' insurance that will cover these costs. Many lawyers will ask you to take this policy out before they will start on your case.
Not everyone will qualify to be able to take out an after-the-event insurance. If the insurance company feels that you do not have a chance to win the case they will not offer this policy. Same in turn on the lawyer's side, they too will not offer a no win no fee agreement if they feel your chances of winning are low.
A broad majority of lawyers specialize in personal injury claims and are successful in recovering compensation. These type of claims range from road traffic accidents, work related accidents, and public place accidents such as slip and falls. It is to your benefit to seek out a personal injury solicitor or lawyer. Most of them offer a free consultation and take a look at the facts presented. This is a great time to show any documentation that you have such as police reports, hospital bills, or any other related paperwork to prove your case. If you attempt to file a claim by yourself, it is unlikely that will not include all the losses that you are entitled to be compensated for.
Personal injury lawyers are professional and have to follow the law that are regulated to the highest standards. This means you will have greater success with legal counsel than dealing with insurance companies directly.
About the Author
If you have suffered or sustained an injury through no fault of your own, accident solicitors are in the best position to help you out. http://www.ClaimsHelpline.com have a dedicated panel of solicitors to guide you each step of the way so you won't miss out on what is rightly yours.
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