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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I lost my case in the High court when I sued a former solicitor

Customer Question

Hi
I lost my case in the High court when I sued a former solicitor for negligence in Jan 2012
My former solicitor represented me in a CICA case in 2006, but I was only given a small amount then. However recently I approached another firm and had my case reopened with the CICA and received a substantial amount in compensation.
I believe that the firm which represented me in the High Court took the wrong option and should have had my case reopened with the CICA.
I believe that if the High Court Judgement were allowed to stand it would cause me substantial injustice for the rest of my life
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You want to appeal the decision from January 2012, is that right?

Customer:

yes

Alex Watts :

Are you able to explain the two and a half year delay?

Customer:

My solicitor had to present my case and examine the facts

Customer:

I have no sound on my computer

Customer:

What should I do is it possible to appeal out of time

Alex Watts :

Ok - but Judgment was January 2012, has a Solicitor been looking at this for you?

Customer:

no

Alex Watts :

When did you instruct a Solicitor?

Customer:

about april 2012 to reopen my cica case

Alex Watts :

Why did you wait 2 years?

Customer:

I was waiting to see if my case would be successful which it was and that causation has now been proven I had to get experts reports etc

Customer:

My case at the high court was lost on causation

Alex Watts :

In January 2012?

Customer:

yes

Alex Watts :

Ok - so you waited from January 2012 until April 2012?

Customer:

My condition had deteriorated since 2006

Alex Watts :

Your case was in January 2012, you instructed a new solicitor in April 2012 - is that right?

Customer:

yes. I want to appeal the decision of the high court because causation of my injuries has been proven

Alex Watts :

So what has your Solicitor been doing since April 2012?

Customer:

If the decision were left to stand it would cause me substantial injustice

Alex Watts :

what has your Solicitor been doing since April 2012?

Customer:

My solicitor has been gathering evidence about loss of earnings etc

Alex Watts :

Why did he not make an application for leave to appeal then?

Alex Watts :

So you are saying it has taken your Solicitor over 2 years to get details for loss of earnings?

Customer:

because I asked him to try and have my case reopened with the CICA due to the worsening of my condition and I had to prove causation first

Alex Watts :

So your Solicitor took 2 years before he has done anything - is that right?

Customer:

My solicitor worked very hard on my case he had to contact a lot of people for informations etc

Alex Watts :

The problem you have is this.

Alex Watts :

You need to seek permission to appeal out of time.

Alex Watts :

You have waited from January 2012 for over 2 and a half years.

Alex Watts :

I do not think you will get permission given the time

Customer:

All I want to know is it possible to appeal the decision of the high court

Alex Watts :

But you can seek permission to appeal out of time

Alex Watts :

Is it possible - yes

Alex Watts :

But you need to address the delay as it has been significant.

Alex Watts :

You have 21 days to appeal a decision

Alex Watts :

It has been over 2.5 years

Alex Watts :

But you can seek permission to appeal out of time

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what are the chances

Alex Watts :

In reality less than 10%

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you?

Customer:

is it worth applying out of time if i can explain the delay

Alex Watts :

You can try yes

Alex Watts :

But you have a significant time delay to overcome

Customer:

solicitors do take time in pursuing a claim

Alex Watts :

Well they do yes.

Alex Watts :

But 2.5 years is quite long

Alex Watts :

Can I clarify anything else for you?

Customer:

what about the solicitors who represented me at the high court could the not have tried to have my case reopened instead

Alex Watts :

Well I dont know - did you instruct them? Did you provide new evidence? If not then no

Alex Watts :

They will only follow an appeal if you instruct them to

Alex Watts :

But you are where you are. Appeal out of time

Alex Watts :

Can I clarify anything else for you>?

Customer:

I* asked for their advice and they said it go was professional negligence one can onlyl go on that

Alex Watts :

Ok

Alex Watts :

Can I clarify anything else for you?

Customer:

no

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

did the solicitors who represent me at the high choose the wrong option

Alex Watts :

You have rated bad service? But your question to me was can you appeal of out time?

Alex Watts :

If this was a mistake I am happy to continue

Alex Watts :

Yes the Solicitors chose the wrong option

Alex Watts :

Yes you can sue them for negligence

Alex Watts :

You have 3 years to do that from January 2012

Alex Watts :

Does that clarify?

Customer:

were are you

Customer:

look i am sorry if i upset you but this is a very touchy subject my wif is seriously depressed and suffers fro PTSD

Alex Watts :

I am here but I am not sitting at the computer 24 hours a day waiting for you to reply.

Alex Watts :

I replied at 11:47am. You didnt reply until 11:52am and then rated poor service at 11.52am

Alex Watts :

You have now given 2 bad service ratings despite me answering the initial question which was can you appeal out of time then your further question on whether you can sue your Solicitors for negliegnce.

Alex Watts :

What else do you want to know?

Alex Watts :

Are you able to respond?

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