Negligence found in claim for unpaid fees

30 June 2010

Clara Johnson successfully represented 4 defendants being sued for unpaid fees by a solicitor who had previously represented them in their claims for damages in Spain following a road traffic accident in 2001.

The solicitor, through his own negligence and that of the Spanish lawyer he had appointed to carry out the Spanish end of the proceedings, had caused the claim to become statute-barred. The solicitor sued for his unpaid fees and unsurprisingly the defendants counterclaimed for the loss of the chance to bring their claim for damages in Spain. In January the counterclaims were settled but the solicitor refused to settle his claim for fees.

At the conclusion of a 3 day trial in Sheffield County Court, Recorder Paul Miller dismissed the claim making findings of negligence against the solicitor and commented that "the solicitor’s conduct of the case is something he was likely to come to regret”.

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