A client of ours received a letter from a no-win-no-fee solicitor representing a driver who was pursuing a personal injury claim. The solicitor was seeking to determine the potential value of the claim, estimating whether it could range from £10,000, £10,000–£25,000, or over £25,000 in compensation.
The driver claimed that they were employed by the company and sought compensation for both loss of earnings and injury. At this stage, the business reached out to us for support, concerned about the potential implications of the claim.
The challenge
The driver was asserting employment status and demanding compensation for injury and loss of earnings. The claim had the potential to grow substantially, especially considering the solicitor’s no-win-no-fee structure.
The business needed a robust response to defend against the claim and demonstrate that the driver was not employed by them. This would help prevent the solicitor from pursuing the claim further, as there was no clear evidence supporting the driver’s allegations.
The solution
Wise took immediate action, drafting a strong response on behalf of the business. We strategically structured the response to highlight that:
- There was no employment relationship between the business and the driver.
- The driver’s claim for loss of earnings was unfounded, as they were not employed.
- The issue of occupiers’ liability, which the solicitor referenced, was outside the scope of employment, making the claim invalid.
We crafted the response with such clarity and conviction that it clearly demonstrated the business’s strong position. The solicitor could see that proving the claim would not be profitable, as it would be challenging to establish both employment status and negligence in the occupiers’ liability claim.
The outcome
As a result of our strong response, the no-win-no-fee solicitor abandoned the claim and did not pursue it further. The potential compensation claim, which could have escalated to tens of thousands of pounds, was completely abandoned, protecting the business from significant financial and reputational risk.
