How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

The lawyer representing me neglected to tell me that mediation

Resolved Question:

The lawyer representing me neglected to tell me that mediation was offered by the opposition lawyers, thereby depriving me of a chance to get the best share of the house sale proceeds. As a result my barrister advised me not to go to the hearing because the judge would blame me for not reacting to the mediation offer, of which I was unaware. I was told that I would lose the case and have to pay the court costs if I did not accept an unsatisfactory settlement. Thus I think I lost out.
After two hearings the judge strongly advised mediation, because we were not married but lived together for 22 years and had two children together. I was in favour of this before going to court and my common law husband was strongly against it. The fact that he was prepared to offer mediation before the final hearing proves to me that I had a chance of a better deal. But my solicitor failed to communicate that to me.
I have since requested my solicitor to send me the papers, but he has failed to send the paper offering mediation, which the opposition lawyers had in the court bundle.
As a result I have had to leave the house within four weeks, with nowhere else to go except family. I am 52.
Do I have a case to pursue for loss of a chance? Miss S Allouah
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 :

For now please let me know why was mediation disclosed to the Judge before any decision was made?

Alex Watts :

Do you know whether you actually lost out on an offer?

Customer: I was forced to accept the settlement before it went to the judge. The mediation offer from my common law husband was in the court bundleThe judge never made a decision because , the mediation offer was not immediately submitted to the judge because we didn't go to the hearing and I was advised by my barrister to accept the unsatisfactory settlement.
Customer: the offer we think we lost out on is the chance to sit down at the mediation talks that his lawyers has offered but my lawyer failed to alert me of it ,so any offer would have been better than the one I ended up with .
Customer: ­čśĺ
Customer: The mediation offer was not disclosed to the judge but submitted to the court bundle if I did go ahead with the hearing the next day and refused to the settlement offered by his lawyers may be the judge would have noticed that they have offered my lawyer a chance for mediation talk but because my lawyer failed to alert me of this offer few months earlier I was strongly advised by my barrister not to go to the hearing the next day and accept the settlement the offered me which I was not very happy with. Yes I have lost out on a better offer because any results from the mediation talks would have been a better outcome than the offer I was forced to accept a day before the hearing
Customer: The day before the final hearing was due I met with my barrister and lawyer secretary and I was shocked when I was told that his lawyers has offered my lawyer a chance of a mediation talk but because my lawyer did not alert me of this offer I was unaware Also on the court bundle document there was the email evidence of the offer to my lawyer so because of this miss chance I was strongly advised by my barrister to accept the settlement of 25 pct minus layers cost and estates agency costs which was very unsatisfactory for me specialy when also they ordered me to vacate the house within 4 weeks. .yes I have lost out on the offer because it showed on the bundle court files that they have sent me an offer for mediation.so therefore it was a loss of a chance
Alex Watts : But can you prove loss of chance? What value is your loss?
Customer: Yes I can prove the loss of a chance by exposing the lawyers legal negligence has prevented me from going to the mediation talks where I was very likely to get more tha the 25 pct I ended up settling with because before he took me to court he offered me 50 per cent sharing with conditions but I didn't accept the conditions. Then the talk collapsed and then he decided to evict me via court.
Customer: The value of the loss should be anything higher than what I ended up with due to the legal negligence of my lawyer that prevented me having that chance to mediate and negotiate a better deal for me and my children although the eldest one who is 21 and studying in Nottingham university they still rely on me emotionally and every time I need to meet them I need so money to spend on taking them out..although it's difficult to quantify what the l value of the loss of the chance the fact that my lawyers negligence led to unsatisfactory end result of this dispute I have every right to be compensated of that loss as I was a victim a blatant legal negligence.
Alex Watts :

You need to write and set out your losses and request a payment of loss within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Alex Watts :

Of course I should add that in law you need to show that you would have ended up with a BETTER deal. That is vital for your claim to succeed.

Alex Watts :

Does that help?

Customer: Thank you for the reply.but I would like to bring to your attention that the final hearing was due to take place on sept 22nd and it was the day before that when I met my barrister and she strongly advised me to accept the settlement due to the lawyers negligence.since then it took me time to recover and arrange my new location then 5 weeks ago I wrote to the lawyer to send me my case file with all the documents including the email that proved that his layers sent me a chance for a mediation talk session but my lawyer only sent me the documents I already had but the ones he failed to pass to me and were supplied by their lawyers on the court bundle which proved their negilgence. I ve seed again for them last week but I am still waiting. I was preparing a case against them but I need my case file documents to prove the case against my lawyer. How I can I force him to provide all the correspondence he had with his lawyers so I can see what he failed to forward to me. If he keeps ignoring my requests for this particular documents do I need to approach the ombudsman to get them to represent me after having tried the normal channels 1st
Customer: Hi Alex. If it is going to cost me more money by asking you the last related question please do not answer it as I am rather short of money at the moment. The question was really following ur reply. By saying how do I build a cae against him if he doesn't provide me with the documents as I mentioned initially on my introduction.thank yo
Customer: Hi Alex the last question was really related to yoypur reply as I was asking how do I build a case against to my lawyer if he is refusing to provide with the crucial documents if the case file.if this question and the previous one is going to cost me more money please do nit answer it as I am short of money as I got the gist.thank you
Alex Watts :

You bring the claim you need to prove it.

Alex Watts :

Loss of chance is always hard.

Alex Watts :

But you need to show you WOULD have achieved a better settlement at mediation that at the hearing

Alex Watts :

That is the essence of the claim and for you to prove.

Alex Watts :

Does that help?

Customer:

the fact that my lawyer has failed to convey to me that i have been offered a chance of a mediation talk is a proof enough that my chance was lost i think what you mean by 'Loss of chance is always hard.' in my case is to prove how much i have lost not to prove if i have lost.in otherwords its difficult to quatify it and i think in this situation it should be left to the judge discretion to decide how much loss i have incured as a result of his neglect.lets imagine that he did his job properly and we sat down at the mediation table he would have started from 25 pct i would have started rom 50 then with a bit o compromise from both side the percentage igures would have shifted .ther would have been a possibilty that we wouldnt have agreed at all but at least i would have had a chance to negotiate a better deal for myself.

Customer:

hi alex that was just my input and feedback to your conclusion. could you please make sure that my case is not publicly shown on your website just in case.thank you

Alex Watts : Once you rate the format changes and I can lock it.
Alex Watts : But you need show you would have been better off.
Alex Watts : Does that help?
Customer:

hi alex thank you for your kind contribution and input .i am somewhat slightly better off by using your services the only disapointing aspect was that i had to keep repeating my input to you at diferent stages after so many questions from you eventualy we came to some small conclusion which after all it was self evident .

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice