Case Study

Solicitors Negligence Claim

H&J took assignment of claims from an individual who had been involved in pursuing litigation claims against a third party.

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H&J took assignment of claims from an individual who had been involved in pursuing litigation claims against a third party.  Those claims were ultimately successful - resulting in a significant award of damages and costs. However, this proved to be a pyrrhic victory - as the third party was impecunious and never paid the sums owing - leaving the Claimant with nothing but a significant legal bill.  

The Claimant had also informed his solicitor of claims against a secondary defendant involved in the underlying misconduct - but had been advised to focus his attention on the primary wrong-doer for the time being.  Following the completion of the primary claim (and failure to recover the judgment debt owed) the Claimant turned his attention to claims against the secondary defendant.  However, those claims had become time-barred in the intervening period.  

H&J took assignment of the Claimant’s claims against his solicitor for failing to advise on the limitation period applicable to his claims against the secondary defendant and to protect against the risk of such claims becoming time-barred.  Following protracted correspondence the parties agreed to attend mediation and we were able to negotiate a settlement which led to a sizeable damages payment in compensation - and a significant return to the underlying Claimant.

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