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Now that we have an (unacceptable but still sizeable) settlement offer we are preparing the letter of claim and will submit that, as well as a Part 36 Offer at the same time.
We have to work out what level to pitch the Part 36 at. This is probably our biggest conundrum. The legal costs involved...
Hello all, just popping in to update you.
We have repeatedly asked for details of the PI insurers and have not been provided with them. My belief was that this was due to the firm planning to settle without notifying their insurers.
There has been some progress. We received a settlement offer...
No, but if we had to pay that then we would surely recover it in due course. I don't see how that would make sense for them to do as they would also have significant fees from their own side, plus the amount owed from the claim. So they'd be out well over £1m by the end of it, when they can...
It states
"Limitation of our liability
We will not be liable to you for any losses or costs you may incur in excess of £3 million. We consider this limitation on our liability to be fair and reasonable"
According to our lawyer, the reason they are keen to offer a settlement is that the...
I'm following exactly what my lawyer says I should do.
We are sending a letter pointing out the omission of various incriminatory emails in the file supplied.
We are giving them one final chance to provide the settlement offer they said they would.
If they do not then we will file the claim.
When it gets filed with the court (and the appropriate fee paid) it will end up on caseboard.io and the likes of law360 trawl these sites for things that look interesting. As does The Times - who note that professional negligence claims can have a significant impact on the valuation of firms.
I am assuming that law firms (of all sizes) do not like allegations of their negligence being made public. From what I can understand from The Times (I can't post a link but it's a URL ending "listed-firms-lead-table-of-lawyers-being-sued-tdkh0ft2l") a very very small number end up reaching the...
Thank you, this is a useful perspective. Regarding the insurance it was more a question of whether they are planning on settling without claiming on their insurance, which is what our lawyer believes. Whilst it is a large sum to me, for this particular firm it is likely not that big. They have...
The negligence is there written in black and white and backed up by the High Court judge when he ruled in my favour and gave me permission to use the name because I had been badly advised.
The firm will be on the hook for my legal costs, so in that sense I don't mind. They have said they will...
Yes, it was everything the company had including all assets, intellectual property, website etc. The issue was around the S216 advice to enable me to use the previous trading name.
I put in writing to my lawyers that i wanted to use the previous name. I was however not given the right advice as...
Yes correct on the costs and loss of profits.
It is a London firm, and one that would certainly not like this being made public as it would likely be damaging to their reputation / PR.
I am, and they are dealing with it. I was just interested in any anecdotal experience from others who might have been through a similar situation as I'm learning on the go!