I am part way through a claim for Psychological damage in the workplace, which is being funded via a CFA. I have seen one expert witness, whose report was very favourable to me, with regard to the cause of my mental health. The defendants have now requested that I see an expert witness appointed by themselves, which is due to take place shortly, and I am happy to do so. The mental health team, who have been working with me for the last 3 years, are confident that the 2nd expert witness will not find an alternative reason for my illness, either via my medical notes or discussion with myself.
I was rather surprised to receive a letter from my solicitor, suggesting that he makes an offer to the defendants under Section 36. This offer would be for 60% of the lowest amount which I would be likely to be awarded if successful in Court. At this stage, I had not anticipated that we would be offering a low settlement figure, as my solicitor had indicated that we have a strong case, with paperwork and witness statements from colleagues to evidence what happened.
My own thinking is that it is better to wait a couple of weeks for the 2nd expert witness report, as this is likely to strengthen our case. As this case is funded via CFA, do I have to agree with the action proposed by my solicitor, or risk losing the CFA funding?
Thank you.