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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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In my capacity as an independent medical GP expert I accepted

Resolved Question:

In my capacity as an independent medical GP expert I accepted instructions from a large firm of solicitors and submitted an invoice with each court report that I supplied to them. However, a significant amount of debt remains unpaid some of which is now over 5 years old. There is no written or verbal agreement between us, and their instruction letter states - " I confirm that I will be responsible for your reasonable fees in considering the documents enclosed, examining my client and preparing an appropriate report in accordance with these instructions. If my client is privately funding this investigation or has the benefit of a disbursement funding scheme or legal expense insurance policy, I will discharge any reasonable fees within approximately twelve weeks of receipt of the same. If not, the fees will be discharged at the conclusion of the case irrespective of the result. I confirm that the payment of your fees in those circumstances is not dependent upon the outcome of the case, nor in respect of the identity of those instructing you."
The solicitors in question remain uncooperative and have requested payment from me of over £500 to produce an update of all my outstanding invoices and threatened to defend my claim and seek costs if I take them to court.Against the background of the above does the law on late invoice payment apply if I were to take my case to the small claims court seeking both statutory interest and debt recovery costs
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is a disgraceful way for a firm of solicitors to behave.
Yes the late payment legislation does apply here and you should be taking proceedimgs before your earlier invoices become time barred.
You should also report the firm and the partners concerned to the Law Society as there are specific professional standards to be upheld when dealing with expert witnesses and the solicitors are personally liable for payment of professional fees.
To ask for payment from you so that they can deal with the issue of payment due to you is, frankly, bizarre practice and entirely unacceptable.
I would get your own solicitor to write one more time to them and then instruct him or her to take proceedings.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you, ***** ***** most helpful. But please see the end of my question re. the Small Claims Court. This would be my preferred course of action.

Expert:  JGM replied 2 years ago.
As I said in my answer the lat payment legislation does apply so you can apply interest at 8% over base and also the debt recovery costs.
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