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UKSolicitorJA
UKSolicitorJA, Solicitor
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Experience:  English solicitor with over 12 years experience
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I have a personal injury claim against a holiday company for

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I have a personal injury claim against a holiday company for severe food poisoning (involving hospitalisation) and PTSD during which I used my private medical insurance to see a psychiatrist and counseller. After 2.5 years, we are at the stage of a Court Case Management Meeting. My solicitor, unbeknown to me, until last week, has approached my private medical insurers and told them of the claim. They have instructed the solicitor to attach a subrogated claim to mine. Did the solicitor behave ethically?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Did you not authorise your solicitor to contact your PMI about your claim?

Customer: replied 3 years ago.

No. I gave them NO instruction in this regard and wrote to them when they sent the letter last week about the subrogated claim, asking me to confirm the schedule of appointments the PMI had sent them were all in relation to the PTSD. The solicitor responded that they appoached the PMI and that, in any event, the PMI would have approached me after the settlement for any costs. How would the PMI have known that my illness was mostly due to the severe food poisoning though? (I have a history of depression which has been treated under my PMI on and off for over 20 years)


 


I sent the solicitors a copy of a letter from my PMI in July 2013, in which they notified me that I would no longer be covered for this illness (depression). I sent the letter to my solicitor in order that this may be taken into account for my claim, as the expert witnesses (stomach and psychologist) both said I would need further appointments with my psychiatrist and counseller. They obviously got all my details from that letter.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

It would appear that your solicitor has breached its confidentiality obligations to you which is a fundamental issue governing the client solicitor relationship.

Chapter 4 of the SRA Code of Conduct provides as follows:


Protection of confidential information is a fundamental feature of your relationship with clients. It exists as a concept both as a matter of law and as a matter of conduct. This duty continues despite the end of the retainer and even after the death of the client.

 

The mandatory outcome which your solicitor must compley with at all times is:

O(4.1)

you keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents;

 

As such, you have a valid right to complain to the SRA about the conduct of your solicitor as this is a failure on the part of your solicitor in the discharge of its professional obligations to you.

 

You should complain to your solicitor about this and also send the complaint to SRA using the procedure here: http://www.sra.org.uk/consumers/problems/report-solicitor.page#how-report-sra

 

Hope this helps

 

 


 

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 3 years ago.


Thanks very much.


 

Expert:  UKSolicitorJA replied 3 years ago.
Welcome.

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