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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10277
Experience:  Barrister 17 years experience
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i gave my solicitor authority to settle a claim for £15,000. She

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i gave my solicitor authority to settle a claim for £15,000.
She did NOT discuss paying costs of the other side with me.
The award was County Court. There was a Tomlin order for REASONABLE costs, (not County Court costs or High Court costs). This was done while i was away on holidays. Now the other side are asking 4 years later for High Court costs!!! But in Northern Ireland a County Court award of £15,000 means you pay County Court costs AND there is case law to support the fact that if the award IS COUNTY COURT even though the case was run in the High Court, THEN COUNTY COURT COSTS ARE TO BE PAID not High Court costs.
But NOW a letter has surfaced that the other side have shown stating that my solicitor AGREED WITHOUT MY AUTHORITY HIGH COURT COSTS!!!!
Now she is saying she wants to come off record because i have not paid all of my bill !!!
But she has been negligent from the outset, as i asked her to remit my case from the High Court to the County Court and she lied to me and said it wasn't possible as the judges said the medical negligence cases could not be remitted and she therefore failed to test it.
Can she come off record by saying I have only paid £5,000 and owe her £6,000
she says she will drop her charges to £1,500 if i sign a form saying I will not sue her for professional negligence !!!!
she says I AM NOT ALLOWED TO TELL ANYONE ABOUT THIS or show her communications to me on this which are marked WITHOUT PREJUDICE !!!
SHE SAYS I AM NOT ALLOWED TO TELL ANYONE OR SEND ANY LETTER TO ANYONE WITHOUT HER FIRM OF SOLICITORS 1ST APPROVING MY LETTER !!!
HELP !!!
What should I do?
Will i be done for something if i show her without prejudice letters?
or
write to anyone telling what she did without her 1st approving my letter?
Is she allowed to do that?
i am very worried because she has left me with a £24,000 bill for the other side when if it was County Court the total bill would have been £2,780.00 and Counsel of £690.00
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. You should get yourself a new solicitor and sue this original solicitor for negligence.

Buachaill :

2. You are not obliged to seek her approval to tell any of these matters to other people. Ignore her claims of confidentiality. No obligation is placed on you to not seek alternative advice.

Buachaill :

3. Here the solicitor was negligent in agreeing High Court courts. So you can make a claim against her based on the incorrect Tomlin order. So get a new solicitor to represent you and make a claim on your solicitors professional indemnity insurance. All solicitors carry insurance.

Buachaill :

4. You can show the solicitor's letters to you to other people. There is no limit on who you can show them to. So too the other documents.

Buachaill :

5. You should let the solicitor come off record. There is no point in continuing to have her representing you when you are going to sue her.

Buachaill :

6. Get the new solicitor to represent you and come on record in the case and deal with the other side's request for costs.

JACUSTOMER-fpvxqyr3- :

Am i going to be out a lot of money suing her now, in addition to what she IS TRYING TO GET OFF ME, HOW WILL THIS ALL WORK OUT? its very scary !!!

Buachaill :

7. You won't be out a lot of money suing the solicitor. YOu will get your costs back in the legal action as she has been negligent. Costs follow the award in legal actions. Finally, she won't be able to get any more off you given she was negligent.

Buachaill :

8. Please RATE the Answer. I see you have asked 6 questions and have rated none of the answers to them. The Experts do not get paid their share of the money you have paid the website unless you RATE the Answer. So you might find your questions going unanswered as a result.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10277
Experience: Barrister 17 years experience
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