Successful claims against solicitors
Below is a brief list of some of our recent professional negligence cases against solicitors.
1) On behalf of a company and individual directors, we pursued a major central London law firm who acted for our clients in relation to a series of transactions concerning a brokering firm. Our clients complained that their solicitors failed to advise them adequately in relation to a share transaction. It was vulnerable to challenge under the financial assistance provisions of Section 151 of the Companies Act 1985. Our clients suffered substantial losses by reason of the negligence of the solicitor’s firm. Proceedings were issued in the court and the matter settled before trial.
2) We act for an individual in pursuing the law firm who failed to sue all potential Defendants in an action for clinical negligence where there were multiple possible Defendants. Our client was not advised properly. Our client instructed solicitors in 1999 and 2007 to pursue a claim but both failed to pursue the correct Defendants. The claim is ongoing at present.
3) Our clients transferred the entire issued share capital of the company, but prior to this, our clients solicitors were instructed to transfer out a head lease of development land or non-retail land belonging to the company. The solicitors failed to deal with the transfer adequately and the development land was instead transferred on sale of the issued share capital of the company. Our clients were thus denied the opportunity to deal with the development land. A claim was made and insurers negotiated the return of the development land with costs indemnities to our client and there was also a claim for professional negligence for residual losses which we successfully settled.
4) Negligent advice was given by our client’s legal advisers in the defence of a building litigation claim and in particular by a barrister. This led to our client losing the claim issued by the builder. Our client instructed solicitors to pursue a negligent case against the barrister but these solicitors failed to lodge proceedings against the barrister within time limits. These solicitors were thus successfully sued for the loss of chance that our client suffered due to their negligence.
5) Our client suffered deterioration in relations between her and her employee. She presented grievances, an ET1 complaining of racial discrimination and other Employment Tribunal claims. The claim was eventually settled by way of a Compromise Agreement. However our client was dissatisfied with the outcome of her Tribunal claim and regarded the settlement as too low. At the time that it was negotiated she was represented by a separate barrister who was critical of the representation by our client’s solicitors. It is said that they failed to prepare the case properly so that our client had little option other then to settle it on terms that were less favourable than they deserved or would otherwise have got. Our clients have been under the treatment of their GP for anxiety and stress. We are now pursuing a claim against our clients solicitors both for negligence on the preparation of the claim but also for personal injuries caused by the stress.
6) Our client was involved in an accident at work but despite instructions, solicitors failed to lodge court proceedings against the lawyers within the requisite limitation period. The claim against the employer is therefore time barred. On behalf of our clients we made a successful claim against the solicitors for the lost chance to pursue a personal injury claim.
7) Our client instructed solicitors to take conduct of a claim against valuers regarding a Home Buyers’ Report on the purchase of a residential property. Solicitors failed to lodge proceedings in time and a claim is now being pursued against these solicitors for the lost opportunity to pursue the claim.
8) Our clients purchased land including stables and fields. However their solicitors failed to ascertain proper planning permission. Our clients approached us to assist on the planning issue as well as successfully pursuing their solicitors.