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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience:  Barrister 17 years experience
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a costs draftsman was told a Company was dissolved and struck

Customer Question

a costs draftsman was told a Company was dissolved and struck off the Register of Companies and shown documentary evidence of this. he failed to advise me a bill of costs could not be drawn as the bill could not be taxed. he took 6 years to draft this bill abd charged £30,000 for drafting it. I asked him to draw a gross sum bill (which would have sufficed) he refused. he said under the contract drawn by my solicitor and another solicitor who said he was representing the dissolved company but never served me with a Notice of change of solicitor said a detailed bill for taxation was needed. i informed ALL of them the company was struck off they said it was not relevant
now he has sued me for £30,000 and issued a Summary judgment Motion so he does not have to be cross-examined in court in my opinion please advise
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. Firstly, the law costs draftsperson was negligent here in that by waiting six years, he knew the time limit on the bill of costs had expired. This is because there is a six year time limit on any bill of costs in a legal action. Accordingly, this law costs draftsman is engaged in a form of fraud. Every law costs draftsman knows he must act with reasonable expedition as there is a six year time limit within which the costs in a legal action have to be recovered. Otherwise they are statute barred and the litigant or his solicitor cannot recover them. Here there is the added fact that the law costs draftsman knew the company was being dissolved. So he doubly knew the score! Accordingly, I would advise you to see this shyster on his way! I would sue him for negligence for his work done and instead of him seeking money from you, you take money from him. So issue negligence proceedings against him immediately and have him put his insurers on notice of a claim.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

He won't answer if he is insured or not?

He issued the proceedings the day that were statute-barred for one case

and

said the other side in relation to the other case were raising no objection to the case being over the time-limit so its not statute-barred?

But he still took 6 years to draw the bills and they're a mess

and he knew the company was dissolved ansd a gross sum bill would have sufficed which would have taken 5 minutes!!!

Expert:  Buachaill replied 2 years ago.
2. Don't worry whether he answers as to whether he is insured or not. Simply sue him for negligence and breach of contract. Secondly, if the other side don't want to raise the Statute of Limitations in relation to a case, then that is their decision. A statute of limitations is only a defence so it can be waived or not raised by a party. Finally, raising a gross sum bill is also evidence of negligence as it shows the law costs draftsman did not do his job in a competent manner.
Customer: replied 2 years ago.

Yes,Customer You're right!!!

But should he not have raised ONLY gross sum bills as he KNEW the Company was struck off for previous 8 years and no liquidator !!!

Why would he insist on drawing DETAILED BILLS and take £9,000 to set this p/p bill down to be taxed? Why?

Expert:  Buachaill replied 2 years ago.
3. I cannot speculate as to the mental state of the law costs draftsman in doing what he did. Who really knows his motivation, apart from the obvious one that he wishes to avoid being sued and instead wants some money.
Customer: replied 2 years ago.

Yes. You're correct AGAIN !!!

In our opinion, he dragged out the drafting for some 6 years to say look I need to be paid £30,000 as it took me this long to prepare this 1 bill.

When in fact another cost drawer redrew the same bill and it took him 10 days and charged £5,000

Expert:  Buachaill replied 2 years ago.
4. Sounds correct. There was negligence here.

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