KEY ADVICE ON HOW TO MINIMISE THE RISK OF LITIGATION
Covid-19 has affected us all with most of us (whether as businesses or individuals) seeking to reduce expenditure/preserve cash as much as possible. This might cause you to delay pursuing any claims you may have. You would however be wrong to delay because Healys can (in the right circumstances) pursue your claim at no financial cost/risk to you whatsoever.
As a claimant in a professional negligence claim, the risk of pursuing that claim arises out of three principal uncertainties; being:
- What are the merits of my claim (i.e. will I win)?
- If I win, how much money will I recover?
- How much (in legal fees) will the claim cost me?
We address each of these uncertainties as soon as possible in order to provide our claimant clients with the information necessary to enable them to decide whether or not to pursue the claim and, if the decision is to pursue the claim, as much comfort as is possible that the claim will be successful.
We are also able (in appropriate circumstances) to eliminate any risks on costs. This is achieved by (1) offering you some sort of risk-sharing retainer [“Funding Your Claim – Risk Sharing Retainers”] and (2) by obtaining “after the event insurance” [Funding Your Claim – Insurance and 3rd Party Funding].
Robert Johnson has been helping his clients to resolve their disputes for more than 30 years and, in particular, has been acting for claimants on a “no win no fee” basis and helping them win their professional negligence claims against (among others) solicitors, barristers, architects, accountants, valuers and surveyors. Robert has built up a very strong reputation in the marketplace in this area. Set out below are just some examples of the type of cases that he acts (and wins) for clients and all on one of the (many) types of risk-sharing retainers.
- A claim by 2 companies based in the Cayman Islands against a firm of solicitors and its three individual partners for professional negligence. The claim arose from the manner in which the firm dealt with the companies’ claims against various financial institutions for breach of contract and in particular the advice given in respect of the funding of those claims.
“We have been impressed by Healys’ strategic thinking and business acumen and their written work is of a high quality. The Dispute Resolution Team offers a wide range of skill sets and has depth of talent and experience. We have nothing but praise for all the members of the Dispute Resolution Team. Most of our contact has been with Robert Johnson, the Head of Department, and Richard David, a Litigator. Robert is a fine strategic thinker, who not only understands how arguments should be presented through the prism of the Law, but is also well aware of commercial realities. He writes exceptionally well. Also, he is unflinching in his commitment to his clients. Overall, we would rate Healys highly in comparison with solicitors of a similar size and reputation in the practice area. In fact, we cannot think of a comparable firm of solicitors that delivers such a good service. We would have no hesitation in recommending Healys’ Dispute Resolution Team to prospective clients.”
- Claim by an individual against a firm of solicitors, which arose out of the manner in which they dealt with our client’s claims in the Employment Tribunal. In particular, the matter concerned the advice given by the firm of solicitors on limitation; loss of opportunity; and interaction with another claim (now successfully pursued) against the client’s former employer.
“I cannot think of how my circumstances could have been so different had I not had the good fortune to have Robert Johnson and his team at Healys on my side. The comfort and reassurance of their experienced and professional advice when embroiled in a complicated and wretched legal dispute is hard to put into words. I cannot fault any of the service or support I received and have no hesitation in recommending them wholeheartedly.”
- Our client had claims against two firms of solicitors, Bank of Scotland, the Solicitors Compensation Fund and a trustee company based in Switzerland that arose out of fraudulent conduct enabling assets to be sold and their proceeds misappropriated.
“I am very happy to confirm how glad I was to have instructed Robert Johnson on my difficult and protracted claim. He handled my claim expertly and with a professionalism that ensured a successful outcome. This is in marked contrast to the other lawyers I had previously engaged. Robert clearly knows how to drive claims forward and obtain good outcomes for his clients. I have been thoroughly impressed throughout. I would not hesitate to instruct Robert again or recommend him to anyone.”
- Claim against a firm of solicitors arising out of their failure to advise our clients properly or at all in relation to (1) a shareholders’ agreement and (2) the subsequent termination of our clients’ relationship with one of the shareholders. The matter was resolved during pre-action stage after extensive negotiations which avoided the need for mediation.
“I am profoundly grateful to Robert Johnson and Ben Parr-Ferris of Healys for the favourable settlement of my professional negligence claim. From the outset I was impressed with Robert’s knowledge, expertise and practical advice, and was equally impressed by his efficiency, prompt response to queries and clear and concise updates as to the progression of my claim. Healys were instructed on a no-win no-fee basis; and this, along with their professional handling of the matter, left me in no doubt as to their commitment to achieving the best outcome possible. I would readily recommend Robert Johnson and his team, and Healys as a firm, to any prospective clients.”
- This claim arose out of the client’s former solicitors’ failure to deal properly with his employment claim. The claim was complicated by successive practice issues, liquidation of practices and underwriter coverage issues.
“I would like to say that the way Robert Johnson of Healys has handled my case to date has been very professional and efficient. Compared to previous dealings I’ve had with the legal profession, the case has been progressed quickly, any questions and the legal processes have been explained in detail yet in a clear and concise manner that a lay person like myself can understand. I would recommend Healys as a firm that appears to me to have a genuine commitment to obtaining the best results for its clients.”
- A claim against a firm of estate agents that arose out of their failure to carry out (1) proper (or any) due diligence on the tenant of our client’s property in October 2017 and/or (2) sufficient (if any) security checks of the property. The claim also involves coverage of the clients’ insurance policies which may be avoided as a consequence of the agent’s failings. This raises issues of causation and remoteness.
“Our letting agent let us down very badly and caused us to suffer a huge financial loss. We were in search of a professional that could understand us, and our needs. I chose to contact Robert as he is highly recommended by Legal 500/Chambers for his expertise in professional negligence work, skills in negotiation, and professionalism. Our initial meeting with Robert proved to be very satisfactory as we observed him to be as described by Legal 500/Chambers; he is a confident, approachable and knowledgeable professional who was very helpful and responsive to all our questions and concerns. We have full trust and confidence in Robert’s skills, knowledge and experience.”
If you think you may have a claim and need your solicitor to act on some sort of risk-sharing retainer, please contact Robert Johnson on (direct dial) 020 7822 4106 (mobile) 07899 973306 (e-mail) Robert.firstname.lastname@example.org.
For more information about Healys LLP and legal services, please visit: www.healys.com.