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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My sister was an owner of a lazer clinic Company and someone

Resolved Question:

My sister was an owner of a lazer clinic Company and someone operating one of the lazers has in the past has caused slight scarring to a client. The client went to a no win no fee company and the case has been in the courts but not concluded.Unfortunately my sister passed away a week ago leaving no will but property.The no win no fee solicitors are after £15,000 for their client but want £190,000 for their costs.How can their costs be disputed now my sister has passed away?
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 :

Did your sister have any insurance cover?

Customer:

As far as i know no because she closed down that company and was trading from another company and premises. By the time the case came at her so her new insurance wouldn't cover it.

Alex Watts :

Did she check? It may have had a sunset clause

Customer:

i don't know i will check when i go up for the funeral on Thursday.if there isn't how do i dispute these costs

Alex Watts : Was there a court hearing to determine liability ?
Customer:

liverpool or chester

Customer:

still in proceedings

Alex Watts : Ok. Did the court not deal with costs at the hearing?
Customer:

no not yet

Alex Watts : Ok, but there is going to be a costs hearing ?
Alex Watts : Or liability has not been determined yet?
Customer:

possibly neither has happened yet but my sister's solicitor who was dealing with this seems to think their costs will be as quoted earlier and as she has died can no longer can fight the case

Alex Watts : Can you check if liability has been established, it is quite important ?
Customer:

Hi Liability has been established and has been awarded at £8000 but no costs hearing yet i believe the judge was not happy about the costs the other side wants but now my sister is no longer here ,will the case continue or will the other side just be able to demand these costs?

Alex Watts :

Ok. Then it is ok. Yours sisters Solicitors or representative can get the costs assessed.

Alex Watts :

The Judge normally does this on the day

Alex Watts :

If it is £8000 in damages then it is subject to what is called summary assessment.

Alex Watts :

The Judge goes through and see what costs have been incurred and whether they are reasonable and proportionate.

Alex Watts :

If this has NOT been done then you (as estate) can ask the Court to assess costs

Alex Watts :

So you dont need to pay them.

Alex Watts :

Ask the Court to assess costs. Then and only once the Court has assessed costs would these have to be paid

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

no that's fine thank you very much

Alex Watts :

Great. If this answers your question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

I will keep chat open a couple more days just in case you can clarify anything else but i will be rating you excellent ! thank you so much

Customer:

I will keep open chat for a few more days if you don't mind just in case you can clarify any thing else but will be rating you excellent thank you so much

Alex Watts :

Sure.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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Customer:

hi Alex,

Customer:

my mother has been in touch with my sister's solicitor and they have told her that no decision has been made yet so where do we go from here?

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