The Worst Day and Worst Week of The Year Has Finished

In Blog, General litigation, General Litigation, Recent Cases, Type of Claims by AAH

With the prominence of personal injury claim, many members of the public often thinks that firms like mine only deals with personal injury litigation.  That is not the case.

I was trained in a general practice and specialised at an insurance practice, Vizards.  In both these places I have handled all types of litigation including claims for property damage, professional negligence against doctors, hospitals, accountants and solicitors. A recent example is a claim that we have settled in the first week of 2014

A solicitor has a duty both in law of contract and in negligence to ensure that he provides competent legal service. The test is what would be expected of a reasonably competent solicitor of his age and experience.

Mr V retained a firm of solicitors in East Ham in East London for an immigration application.  He had discretionary leave which was expiring on a particular day in 2008.  He retained the services of the law firm in East Ham, met them, gave all the documents, signed appropriate application form and paid a cheque for the fees to the Border Agency

The application was not put in before the deadline expired, consequently Mr V was an over stayer.  He had been in the country for several years and, therefore, had permission to work under a discretionary leave.  He had permanent employment.

He believed that his application was submitted in time and, therefore, he changed his job while he thought his application was considered by the Border Agency.  When his new employers enquired with the Border Agency of his immigration status, they advised them that Mr V’s leave had expired and, therefore, he could not take up gainful employment

Mr V therefore lost his job and was not employed for some 6 months thereafter

We accepted Mr V’s instructions on a no-win-no-fee basis.  We corresponded with his former solicitors, who passed on the letter of claim to a local firm rather than their professional indemnity insurer.

All law firms are required to have an insurance policy for potential claims made by their clients for professional negligence. We requested this Solicitors Firm to provide us their insurer’s details but they refused to disclose this. We applied to the Solicitors Regulatory Authority (SRA), and obtained in due course the firm’s professional indemnity insurer’s details.  A year or so later a claim was presented to the insurers, who then instructed the law firm

By then the protocol period for the opponent to consider the allegations and deal with it had expired and we advised our client to commence legal proceedings in our local county court.

A Defense was filed but before the matter came up for Allocation, an offer was made which our client has recently accepted.

If you have retained services of a law firm particularly through a claims management company, and believe that you have not been properly served or were not served, then feel free to contact us.  You can pursue a claim against your legal advisers up to 6 years after you had retained their services.

If you wish to discuss any aspect of a claim against a solicitor or a personal injury claim or a claim of any type, please do not hesitate to contact either Nasim or Abdul on 0207 377 0600.

A A Hafezi

10 January 2014