If a solicitor has failed to issue a claim within time and subsequent efforts to submit a claim were rejected, you may have a professional negligence claim. The burden is on a claimant to prove, on a balance of probabilities, that the solicitor’s negligence was a cause of his loss. The claimant may recover damages based on the loss of the chance of making a gain. In such cases, the court trying the professional negligence action can usually only speculate about the outcome of the original proceedings. Thus the solicitor will be liable for the client’s loss of the chance of winning. The court will assess the prospects of success and the likely value of the claim.
This is a complex area so contact us today to discuss your potential claim.
When you instruct a solicitor to pursue a claim for damages you rely on the solicitor to advise you on what losses you can claim and what these losses are worth. If a solicitor has failed to include certain losses within your claim or incorrectly valued your claim causing you loss then you may be able to pursue a claim for Professional Negligence.
In order to pursue such a claim we have to consider the solicitors file relating to the personal injury claim and what information and evidence they had available and whether the advice and valuation the solicitor gave you was within a range of what a reasonably competent solicitor would advise. If it was not then you may have grounds to pursue a claim against the firm of solicitors. If you suspect that you have been incorrectly advised or your claim was under-settled then contact us today to discuss your options.
Unfortunately in some cases obtaining an order or settlement is only half the battle as it does not guarantee that you will receive a payment. With all litigation there is a risk that a defendant cannot or will not pay damages even if ordered to do so. In this case, we would have to consider the circumstances of the claim, the conduct of the parties to date, and what investigations had been carried out to establish what (if any) assets the builder had.
If it was anticipated that the builder may try to avoid making a payment then it may have been possible to obtain some security (i.e. a charge over any property he owned) for the amount due to be paid to you. However, if he did not have any assets then this would not be possible. If your solicitor knew that the builder was likely to dispose of his assets to avoid payment then he should have advised you of your options in order to preserve your position. Equally, when the builder failed to make payment consideration should have been given to what steps could be taken to enforce the order or agreement. These cases are not clear cut and we suggest you contact us so we can talk through your options with you.
You may need to apply to the Court for an injunction and to issue proceedings on the basis that your neighbour is trespassing and committing a nuisance on your landlord. You should seek legal advice if you are in any doubt.
Ideally any such arrangements should be registered on the property’s title entries held by HM Land Registry at the time they are made, though often this is not done.
In order for your claim to be successful you will have to prove that the promise was made to you and that you reasonably relied on that promise to your detriment.
This will often involve talking to other members of the family and those people that were close to the deceased about what they may have said about their property and you caring for them. If it can be established that a promise was made then consideration will have to be given to whether it was reasonable to rely on the promise as well as to your employment prospects (i.e. what opportunities you may have turned down or missed as a result of relying on the promise that you would receive a share of the property).
These situations are rarely clear cut and often involve a long history of complex facts and anyone in this situation should seek legal advice about their situation.
As the lease is a contractual agreement it would be possible for you to take legal action against the leaseholder in the county court. The potential options would be to seek an injunction, order for specific performance and/or damages. The ultimate sanction could be to seek forfeiture of the lease.
Our Dispute Resolution Solicitors are backed by four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.
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