LEGAL EXPENSES COVER

[Navahmed]

Hi folks
Looking for some help please
SCOTLAND ONLY

I’m defending a case my neighbour has started
The persuer started the case back late 2016 the case was he sayed there was water coming into his property via my roof , I seeked specialist help and each time it comes in my favour
The persuer has now changed his plea to a a future nuisance case which I need to defend
He has legal expenses cover and I don’t I’m paying for it out my pocket

during the course of 3 years the same firm that is represnting the persuer also defends me for my conveyancing works ,suddenly i have been told that the firm can not represent me any more due to a conflict of intrest

i have written to the firm and stated im not happy as i think it could be biased and discrimintory
if they had said they will drop both parties id be ok with that

my question is if the firm drops both parties what happens to the legal expesies cover for the persuer will it be easy enough for him to find another lawyer that will take this on ?
will they take it on as we have plenty of proof that the water isnt comimg from me ?
will the legal expesies still be paying for the action even though the plea has changed

lot of questions if anyone can assist will be appreciated

 

[obscure]

during the course of 3 years the same firm that is represnting the persuer also defends me for my conveyancing works ,suddenly i have been told that the firm can not represent me any more due to a conflict of intrest

It would certainly seem to be a conflict of interest and as such they are required to only represent one party.

i have written to the firm and stated im not happy as i think it could be biased and discrimintory if they had said they will drop both parties id be ok with that

What is the legal basis for your claim of discrimination? Choosing to work with one client instead of another is NOT discrimination - unless you can show that their refusal to work with you is based on your being a member of a protected class.

my question is if the firm drops both parties ......

They aren't going to drop both parties. Companies are free to choose who they work with and who they don't... provided that the decision not to work with someone is not based on that person being a member of a protected class. In the case of lawyers they are REQUIRED to only represent one of you in order to avoid a conflict of interest.

Stop wasting your time trying to find a procedural reason to stop them and instead focus on finding a lawyer who will fight your actual case for you.

 

[Newchodge]

Actually they should drop both parties as they may have knowledge of one party that is of use to the other. If they don't they may have to explain why to some ethics committee, but if they have only been doing conveyancing work for you, and dealt with nothing that is of any relevance to the case, they will probably be OK. Whether their legal expenses will cover a new lawyer is really nothing to do with you, but they would, normally.

As Dan says forget this kind of pointless speculation, and get on with dealing with the case.