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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a professional who was contracted to provide expert opinion

Resolved Question:

I am a professional who was contracted to provide expert opinion in a professional indemnity claim. The instructing solicitors fell out with their client who is now suing them for professional negligence.

The solicitors now refuse to settle my account (just over £20,000) despite having issued a letter of instruction. They claim that my client issued instructions and not them.

There is no dispute over the substance or quality of the work provided nor over the relevance of such work. The dispute centres around who should pay me.

I do not have the funds to pay a solicitor and counsel to pursue this claim but, given that there is not dispute over the services provided or the cost submitted, can I make a claim on my own behalf against both the instructing solicitor and the client with any chance of success? I don't care who pays my account just that I get payment.

I am no stranger to small claims but I think that either or both parties are capable of causing confusion but, can I keep it simple and proceed possibly to summary judgement.

The circumstances surrounding this debt really are as simple as I have described although I have no idea of what apparent complications can be added to this. Can anyone advise please and perhaps help me through this if it goes beyond the county court - ie to multi-track which would lose me in legalities?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I would advise you to make a claim against both the solicitors who instructed you and their clients.

It would appear that your contract was with the solicitors and not their clients and as such, the solicitors would be primarily responsible and liable to pay you. It is then up to them to recover the money from their client.

The easiest way to make the claim is online at www.moneyclaim.gov.uk

The solicitors would not like a judgement to be entered against them as this will affect their own PI insurance. I would expect them to settle your account very quickly after you issue summons and they will then chase their client for the money.

Can I assist further?

Expert:  UKSolicitorJA replied 3 years ago.
Your claim will be a fast track, not multi track as it is less than 25K.
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

If I go ahead with this, can I consult you on further developments?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may come back here with any further queries.

We are not allowed to act for customers privately, these are the rules of this website I am afraid.

Hope you understand.