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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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A Claimant has claims that he had an accident on the

Customer Question

A Claimant has claims that he had an accident on the pavement in front of a former food shop which had been closed on 4 July 2012. The Claimant claims told the solicitor that the accident took place on the 4 November 2012 and he told the medical examiner that the accident took place on 3rd November 2012. He told the solicitor that he was on his own when the accident happened and that we the lessees of the property had invited him to the premises, which we did not because we were not trading. There are 15 allegations of negligence against us for failing to protect the claimant whilst he was using the pavement. He told the medical examiner that he was walking his dog when the accident occurred. Because of the discrepancy in the claim I submitted a counterclaim which the judge has struck out without explaining why. What can I do to get justice for the false claims against me? I believe that the solicitor was fundamentally dishonest. What advice can you give?
Submitted: 10 months ago.
Category: UK Law
Expert:  F E Smith replied 10 months ago.

It is unlikely that the solicitor is dishonest. His client may be dishonest and it is just that the solicitor has to believe his client.

Is the pavement owned by the shop or is it part of the highway?

What did he allegedly have the accident on?

What was your counterclaim for? It’s most unusual for a defendant in a negligence claim to have a counterclaim and normally things only struck out if the judge believes there is no grounds for the counterclaim.

Are you saying that the shop was closed on 4 July and remained close thereafter and he subsequently had an accident sometime in November?

You say you are not trading. Was the shop actually closed for the duration?

Has this been to court yet? Did the court find against you apart from striking out the counterclaim which could be done before the hearing.?