Legal Question in Personal Injury in United Kingdom
advise
my partner had a fall and is taking the council to court, the solicitor said we have no insurance as the first solicitor did not fill the forms. we are in a situation weather to go ahead or risk losing and paying for the other parties fees,we feel that the council are bulling us to withdraw as we could not afford the fees.if the forms for insurance been filled out we could go to court and win but feel bullied to cancel,is there anything we can do to stop this because the first solicitor has not advised us correctly.
1 Answer from Attorneys
Re: advise
Unfortunately I am in some difficulty in advising you fully without further information. It would seem that the first solicitor instructed entered into a no win no fee agreement with your partner. From what you tell me his handling of the case was clearly negligent and in particular he failed to secure indemnity insurance against the possibility of your partner having to pay the other side 's costs. This is something which calls for investigation in the light of any loss to yourself.
I am sure that the Council is putting pressure on you to withdraw. That is the nature of things, but it should not deter you. You will appreciate that I cannot advise on what further action you should take in the claim without further information but it would appear beyond doubt that you should make a claim on this first solicitors professional negligence insurance as negligence would seem beyond doubt.
Please contact me if you would like further assistance.
Andrew Dutton
www.legal-zone.co.uk
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