Professional Negligence: Litigation Failures and Recoveries from Insolvent Firms

At Healys LLP, our Professional Negligence team, led by Robert Johnson, frequently advises clients on claims against solicitors arising from negligent legal services. The below cases illustrate how (1) solicitor failures can lead to significant financial and emotional consequences and (2) we can assist clients in seeking redress.

Some solicitor mistakes occur during ongoing litigation, while others involve seeking compensation when law firms themselves become insolvent. This article explores both situations.

Poor Conduct of Claim/Litigation

In this case, the client instructed a firm of solicitors to deal with her personal injury claim. The solicitors failed to advise the client properly, including in relation to an application for adjournment resulting in the claim ultimately being stuck out and permission to appeal denied. We, therefore, successfully pursued the solicitors for the client’s losses.

In this case, a claim arose out of the way in which a firm of solicitors dealt with the client’s dispute in relation to a number of properties. In particular, their failures led to the client’s defence being struck out meaning they lost the opportunity successfully to defend the claim. We, therefore, pursued a claim against the solicitors for compensation.

In this case, a claim arose out of the manner in which a firm of solicitors acted in relation to the defence of a claim regarding a boundary issue against the client. The firm’s failures related to both general conduct and in relation to mediation as well as to deal properly with key documents. We were instructed to seek compensation for the client.

Recovery from Insolvent Law Firm/the Solicitors Compensation Scheme

This was a claim to recover funds from a firm that had become insolvent. The firm had previously been instructed by the clients in relation to the purchase of a leasehold interest in a property. Part of the proceeds of sale were to be held by the firm pending the completion of works which affected the property. However, due to the insolvency of that firm, recovery of these funds was not straightforward and we were required to engage with a number of third parties, including the SRA, before successfully recovering the sum in full under the Solicitors Compensation Scheme.

If you would like legal advice on these (or any) areas of Professional Negligence or further information on any of the above, please contact Robert on 07899973306 or robert.johnson@healys.com

Healys’ Professional Negligence Services

Healys’ professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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