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Original poster

Can someone sue you twice?

28 replies

RunningFromInsanity · 31/03/2023 20:12

Sorry for being vague.
If someone takes a civil claim against you (via a no win no fee solicitor) and it goes to court, and they lose, can that person then sue you again for the same thing in the future?

My legal team (insurers) seem to think we have a strong case and are denying liability, I don’t really want him to get a penny but on the other hand I just want this to be over.
It’s been going on nearly a year and half and quite frankly it’s ruining my life.

OP posts:
eurochick · 31/03/2023 21:52

Not for the same cause of action if you already have a judgment dismissing it. The legal phrase is "res judicata ".

Original poster
RunningFromInsanity · 31/03/2023 21:59

Thank you, so which ever it goes, the court case will end this.

OP posts:
Minibea · 31/03/2023 22:10

If the case is decided in your favour the other party might have the right to appeal it, but would need to meet certain criteria and get permission to appeal from the judge who decided liability at first instance so you wouldn’t necessarily be home and dry…

motherofkevinnotperry · 31/03/2023 22:17

They can try again with a different slant but not for exactly the same claim.

Original poster
RunningFromInsanity · 31/03/2023 22:20

Ok thanks.

From my research, someone has 3 years from the incident to make a personal injury claim.
Does that include if they try a ‘different slant’? Or
does the 3 years restart from the conclusion of the court case?

OP posts:
NoWordForFluffy · 31/03/2023 22:25

It's 3 years from the accident (if an adult when it happens). Or from the death of the Claimant, if that occurs in the 3 years after the accident.

They can't bring a second set of proceedings for the same accident. Why aren't your solicitors applying to strike out for abuse of process?

Original poster
RunningFromInsanity · 31/03/2023 22:26

I guess I just want to know at what point can I start to breathe easy and not feel sick opening a letter or answering an unknown number for fear of it being another solicitor letter.

OP posts:
Original poster
RunningFromInsanity · 31/03/2023 22:29

NoWordForFluffy · 31/03/2023 22:25

It's 3 years from the accident (if an adult when it happens). Or from the death of the Claimant, if that occurs in the 3 years after the accident.

They can't bring a second set of proceedings for the same accident. Why aren't your solicitors applying to strike out for abuse of process?

It hasn’t gone to court for the first time yet. My solicitors are denying the claim and refusing to pay. I think we are waiting for the other party to proceed it to court?
I only get updates every 6 months, it’s been about 16months since the original incident and claim.

I’m just trying to work out long term how long this might go on for.

OP posts:
NoWordForFluffy · 31/03/2023 22:35

You said it had been to Court in your OP. So it hasn't been to Court at all?

If they haven't issued proceedings at all yet, then yes, they can continue.

NoWordForFluffy · 31/03/2023 22:36

Could go on for years, depending on when they issue proceedings. Sorry!

Original poster
RunningFromInsanity · 31/03/2023 22:39

NoWordForFluffy · 31/03/2023 22:35

You said it had been to Court in your OP. So it hasn't been to Court at all?

If they haven't issued proceedings at all yet, then yes, they can continue.

Sorry, I didn’t make it clear, I was thinking in the future, once it goes to court this time, whatever decision is made, that will be the end of it (bar an appeal).

Basically wanted to know if we win (or lose), can they get another solicitor 2 years down the line and sue me again for more money or out or spite etc.

OP posts:
NoWordForFluffy · 31/03/2023 22:42

No. No second bite of the cherry.

Unlikely to appeal either for a bog standard accident.

Beaglesonlyplease · 31/03/2023 22:43

No OP you can’t sue twice for the same incident and if they tried to do that as a op said there’s the option to apply to have it struck out as an abuse of process.

Original poster
RunningFromInsanity · 31/03/2023 22:53

Thank you all very much. Just wanted to get a timeline straight in my head. I have nightmares where 5years down the line I get another letter.

Such a bizarre situation I’ve found myself in, my solicitors can’t believe a law company have taken it on but I guess that’s the sue culture we are in now I guess.

OP posts:
thebestbirtheraccordingtoDD · 01/04/2023 12:19

If it's an insurer issue why are you stressing about it. Leave it to them.
In a RTA the claimant has 3 years to issue unless they are a child or other protected party. After that the court process can drag on for years.

If they aren't in consistent contact with your insurers I'd presume they'd dropped it
What are your insurers saying?

Is it a personal injury claim?

Original poster
RunningFromInsanity · 01/04/2023 14:57

thebestbirtheraccordingtoDD · 01/04/2023 12:19

If it's an insurer issue why are you stressing about it. Leave it to them.
In a RTA the claimant has 3 years to issue unless they are a child or other protected party. After that the court process can drag on for years.

If they aren't in consistent contact with your insurers I'd presume they'd dropped it
What are your insurers saying?

Is it a personal injury claim?

I’m stressing because I’m being sued! I’m terrified of going to court. Also it’s recently come to light that the other party has tracked me down on social media, and has very vaguely insinuated that my employer (local government) might not be too happy to know I’m being taken to court - and yes I know it’s not their business but it’s not something I particularly want them to know, there is a policy about representing the company in a positive light outside work)

It’s not an RTA, but they are making a personal injury claim. Luckily I have specific insurance for the activity I was doing when the accident occurred. My insurers are saying there was nothing I could have done in the moment to avoid ‘collision’ so I was not negligent and therefore they don’t think I/they should pay.
At the moment I think it’s just the other party saying ‘pay us’ and my insurance saying ‘no’, but it’s been like that for about 16months.

OP posts:
TriciaMcMillan · 01/04/2023 17:53

Gwyneth?

Original poster
RunningFromInsanity · 01/04/2023 17:57

TriciaMcMillan · 01/04/2023 17:53

Gwyneth?

😂
You know what, it’s actually not that dissimilar!

OP posts:
TriciaMcMillan · 01/04/2023 17:58

RunningFromInsanity · 01/04/2023 17:57

😂
You know what, it’s actually not that dissimilar!

Show quote history

Couldn't resist! Grin

Nothing constructive to add but sorry you're dealing with this. Flowers

Original poster
RunningFromInsanity · 14/04/2023 20:26

Follow up question if you don’t mind please-
Just had word from my solicitor/insurance that they haven’t received any further communication from the other party since denying liability in January so they are looking to close the file. They then said the case will remain pending and be reopened if they receive anything further.

How long do the other party have to continue their case against me? Can they go quiet like this and then make contact demanding money again in 1year/5years time??
I just can’t understand the time frame for this.

OP posts:
HamstersAreMyLife · 14/04/2023 20:31

3 years from the date of the injury to issue, you may not get served with the claim immediately though.

GoldenGorilla · 14/04/2023 20:31

They only have 3 years from the date of the accident, so it can’t drag on for ever.

Original poster
RunningFromInsanity · 14/04/2023 20:41

HamstersAreMyLife · 14/04/2023 20:31

3 years from the date of the injury to issue, you may not get served with the claim immediately though.

What does ‘issue’ means?
They have already made the claim against me (sued me), my solicitors denied liability, it went back and forth a bit and we were waiting for them to either drop or start court proceedings. It that what issuing means, officially taking it to court?

OP posts:
Katrinawaves · 14/04/2023 21:26

Your posts are a bit vague to say the least!

Are you saying you have had a letter before action from the injured party but no court documents? Or that you have been sent court documents and have filed your own court document (your defence) and things have now gone quiet?

They have 3 years to issue a court claim from the date of the accident and once they have issued the claim they need to serve it on you direct within 4 months. They can’t serve it on your solicitor unless you have given them permission to do so.

Once the claim has been issued the court will set a timetable for next steps. If the claimants fail to comply with that timetable for no good reason then their claim could be dismissed for want of prosecution. If the claim is dismissed, they cannot reissue it. You would need to apply for the claim to be dismissed however - the court won’t do that if it’s own volition.

FrippEnos · 14/04/2023 21:36

It has pretty much all been covered, for any subsequent claim against you it would have to be an appeal against the ruling ( I think that this can be escalated up through the levels of courts) or they can claim again if if they lose but it is ruled without prejudice (American term) then they can sue again but with additional information making a slightly different case.

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