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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Good morning, I have two short questions. 1. In a case

Resolved Question:

Good morning,
I have two short questions.
1. In a case of litigation negligence. Would it be normal practice to calculate their losses (both actual and consequential), then immediately drop 50% of the total claim amount prior to entering a negotiation meeting with Defendants rather than entering negotiations with the full amount in the knowledge that negotiation may reduce the overall claimed amount?
2. Am I entitled to ask see my Solicitor's instructions to Counsel on my behalf?
Many thanks advice you may offer
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

my name is ***** ***** I am happy to help you today. Did your solicitor take your instructions prior to negotiating on your behalf?

Customer:

Jenny, Yes he did. Stephen

taratill :

Ok thanks, ***** ***** to answer your question there is no 'normal practice' in regard to the amount that would be the first stance to take. It would depend on the strengths and weaknesses of the case, a party is never likely to agree the full amount and unless the case is so strong it cannot fail then it is unlikely a party would settle amount so I would not say it would be normal to start at the full amount. In either case so long as the solicitor takes instructions prior to negotiating and explains the basis figure they are asking the conduct is appropriate.

taratill :

With regards ***** ***** question about instructions to counsel you are more than entitled to see this and anything else on your file. You can ask copy at any time.

taratill :

If you have any further questions please do ask.

Customer:

Thank you. In this case we have two defendants' insurers at the table, one of whom has admitted liability in writing. Our solicitor has stated that we have a strong case, both he and Counsel accepted the case on a CFA. Our solicitor as written to us saying that the insurers are willing to "negotiate and/or pay any amount we may be awarded at court". Despite these assertions, Counsel has suggested we enter negotiations after first discounting our claim by 50%. We simply do not see the logic in this approach in light of what we have been told by our solicitor.

Customer:

On the instructions to Counsel, thank you, ***** ***** what we though.

taratill :

Stephen, on the basis of what you have said it is hard to see why they are suggesting 50%. The difficulty is that I do not know the motivation behind the situation. All that I can suggest is that you ask to see the instructions to counsel and ask discussion with your solicitor to ask why they think that it is in your best interests to accept the 50% in the situation where there is an admission because you would expect that the chance to settle without extensive legal fees would be attractive to the other side. Ultimately a Part 36 higher offer could be made by your solicitor and the case could go ahead. If your solicitor is difficult you should ask to speak to the managing partner and say that you are concerned that your solicitor is not acting in your best interest by suggesting you should accept this figure.

taratill :

If you are still unhappy you can consider raising a complaint with the legal ombudsman at www.legalombudsman.org.uk

taratill :

Please do let me know if you have any further questions, if I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best with this.

Customer:

Thank you Jenny,

Customer:

You have been most helpful. We have been in business 35 years encountering, as happens in business, many scenarios and problems, but we simply cannot understand the advice we are being given by our legal team. Your advice have been most helpful and reassured us that we are not wrong in being puzzled. We have a meeting scheduled soon with the legal team and will certainly be asking many questions. Thank you once again, have a nice day. Best regards Stephen - I will very positive feedback now.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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