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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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our solicitor sends all communications WITHOUT PREJUDICE since

Customer Question

our solicitor sends all communications WITHOUT PREJUDICE since we pointed out her negligence
AND
YOU DO NOT HAVE OUR AUTHORITY TO DISCLOSE THIS CORRESPONDENCE TO ANYONE WITHOUT OUR EXPRESS WRITTEN CONSENT
ENDS BY SAYING today:
I have marked this correspondence without prejudice and confirm again, that you do not have our authority to disclose this correspondence to any third party, at this stage".
They have made application to come off record on Monday and forbid us from telling the Judge that we refuse to pay because they have been negligent and odne a very bad job and we have put in a complaint and they have not answered it to our satisfaction and we want to stop them disclosing confidential information to the other side by making them remain on record until our case is finshed
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

See my answer to the other question which is in the same terms as this.

Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

which answer,Customer

Customer: replied 2 years ago.

In court on Monday and the negligent solicitor is RACING to come off record and is not bringing the lady who was acting for us

can we ask to adjourn because she is not there for cross-examination?????????????????????????????

Expert:  Buachaill replied 2 years ago.
2. Dear M., I am not sure what has happened. I answered this Question before, but it seems to have disappeared when I looked for it. Basically, the solicitor has the wrong end of the stick here. It is the solicitor who owes an obligation of confidentiality to the client and not the client who owes the obligation of confidentiality to the solicitor. Accordingly, the solicitor cannot impose an obligation of confidentiality on the client. Where a solicitor sends a letter to the client, then the client can show it to whoever they wish. Just because a letter is headed "without prejudice" does not mean it is either without prejudice or confidential. Accordingly, you can refer to the letters from the solicitor in court. However, the solicitor owes you an obligation of confidentiality and you can sue the solicitor if they disclose any of your case file to the other side in the litigation which was settled. Finally, be aware that you will not be able to "chain" the solicitor to the piece of litigation until it is finished. Essentially, there is a clear conflict of interest between the position of the solicitor and client in that the solicitor is going to get sued for negligence. This means that the solicitor cannot properly represent the client any longer. So the Master will grant the application under the Summons to come off record. The solicitor will not be forced to work for you until the litigation is finished and the costs agreed. So you should adjust your position in this regard.
3. Additionally, the Master will not require cross examination of parties on a Summons to come off record given that there is a clear conflict of interest. You should simply issue professional negligence proceedings against the solicitor and move on from there.
Customer: replied 2 years ago.

Can you not think of even 1 way to chain him for 1 week to get us a brief adjourment to instruct another Solicitor to sue him?

we need to buy time

Expert:  Buachaill replied 2 years ago.
4. You can seek time to file an affidavit. That is the most common way of delaying the matter.
Customer: replied 2 years ago.

You are SO INCREDIBLY CLEVER !!!!!!!!

Thank you

Expert:  Buachaill replied 2 years ago.
You are welcome.
Customer: replied 2 years ago.

<br/Customer can you think of 1 other reason we need to adjourn?

can we adjourn 'cos the solicitor who acted for us ALL ALONG failed to turn up?

or

can we adjourn 'cos they failed to give us the attendance note of our meeting re: our complaint and have not answered it to our satisfaction yet?

why can we not dispute them coming off record for us not paying a bill when due to their negligence the whole matter has to go back to the high court to be argued out to see if there is a special cause which will enable them to get high court costs INSTEAD of county court costs as it was a county court award ?????????

Expert:  Buachaill replied 2 years ago.
5. Neither of these are grounds for adjourning the application to come off record. You or your barrister essentially need to state that you dispute the solicitors coming off record and you need to set out the factual basis for the argument on affidavit. One ground would be because you need a new solicitor to come on record in the High Court litigation and you do not want to be prejudiced by the solicitor coming off record until you have had a new solicitor take up the file and enter an appearance in the proceedings.
Customer: replied 2 years ago.

Thank you,Customer i do not have a barrister attending on Monday i am attending myself and need to get it adjourned in order that I will not be SEVERELY PREJUDICED as my old solicitor wants to side with his oppposite number and jointly try to get high court costs supporting each other (strength in numbers!!!!) both saying although the case was a County court award the ycan show special casue and get high court costs !!! and this is where the negligence starts .......

i will leave another bonus for some more help, thank you

Expert:  Buachaill replied 2 years ago.
6. Best of luck with it all! Thanks for the bonus.