The legal claim against
your father's solicitors is in negligence.
The claim survives
for the benefit of your father's estate after he dies.
You can bring a claim
for negligence against the negligence solicitor for six years from the
negligence or six years from the date when it became apparent under the
Limitation Act subject to an overall limit, whenever it is found of 15 years.
That is limitation and that is why I asked if the original solicitors have
The next step would
normally be court but at this stage, I would not do that unless you have a
solicitor dealing now on a no win no fee basis and you have a barrister's
opinion on the likely chance of success and you have insurance to cover the
costs in the event that you lose. Your solicitor should have explained this to
At this stage in time
I would raise a complaint with the legal complaints partner of your father
solicitor. Although you were not that firms client, your father was and as the
executor of his estate you are his personal representative and you are entitled
to bring that complaint.
I would give the
solicitors seven days to respond substantively to your complaint (not simply an
acknowledgement, as they have had long enough in my opinion) failing which you
will refer the complaint to the Legal Complaints Service at the Solicitors
Regulation Authority. You do that in your capacity of personal representative
of the late Mr XYZ.
I will tell you now
that the Legal Complaints Service do not deal with negligence issues. What they
deal with our Service Issues. I appreciate that because the service was below
standard there is a negligence issue but they will only deal with the service
element. They will instruct the solicitors to deal with it in a timely manner
and they can instruct the solicitors to pay compensation.
So I would bring a
two pronged attack, solicitors and court, and a complaint to the Legal
Does that answer the question?
I am happy to answer specific points.
Can I help further?
don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).
If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.
It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little,
offline shortly until later and will pick this up then if needed.
Please bear with me
over weekend because I will be online and off-line.