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Fault/Negligence?

  • alreid1612
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30 Apr 21 #516588 by alreid1612
Topic started by alreid1612
Can anyone recommend a no win no fee firm to examine whether there is a case of legal negligence against my partner's solicitors.. Thanks

al

  • wikivorce team
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05 May 21 #516628 by wikivorce team
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I'm afraid that is not something that many people (including lawyers) have much experience in.

It is not easy to win such cases as its very hard to show that the solicitor was solely liable for a poor outcome when the decision was made by a judge/court.

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05 May 21 #516633 by alreid1612
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Thanks for the reply. Would failing to produce in evidence a document that was in their possession and they had been briefed about, which would have countered a key element of the judgment, count as negligent. Not least when they tried to subsequently adduce it for the permission to appeal hearing and were rebuffed with they should have 'produced it at the time'.
Am loathe to spend any more time/money on it.
Thanks.

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06 May 21 #516641 by rubytuesday
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There are some specialist solicitors who take on professional negligence cases on a Conditional Fee Agreement (commonly known as "no win, no fee" - you can find one by running a search through the Law Society Find A Solicitor database. If you use the "pro search" option you can specify by field of law, and by geographical area. solicitors.lawsociety.org.uk/?Pro=True

The problem is, that if your (or your partner) is unsuccessful, you could be issued with a costs order, and have to pay not only your own legal fees, but those of the other side as well. It's a massive gamble.

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06 May 21 #516647 by alreid1612
Reply from alreid1612
Thank you , very helpful. It's bad enough not to have won once, but to fail and pay a second time would be ruinous. And having seen the quality of judges who make decisions, as you say a massive gamble. Event insurance might mitigate I suppose, but already costs would be starting to creep up.

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07 May 21 #516649 by hadenoughnow
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If you have legal assistance as part of home insurance it is worth checking if this could help with costs.

Hadenoughnow

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Today 18:07 #516677 by alreid1612
Reply from alreid1612
Thank you, I just checked and there is.

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