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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6933
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have issued a claim negligence against a

Customer Question

I have issued a claim for professional negligence against a solicitor's practice who I shall call JV. On the original engangment letter where they were employed to act they state that the name JV is a trading name for another entity called CL LLP so I sued them under the name CL LLP. I now discover that CL LLP was dissolved in July 2014. Can I still sue their insurers and how do I find out who their insurers were. A firm exists called JV (identical to the trading name of CL LLP).They say they are nothing to do with CL LLP and have no records.
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.

All solicitors have to be insured. Where a firm is dissolved the Law Society will ensure that their files are passed to another firm to deal with. Any claims for negligence against the defunct firm can be directed to the Law Society.

As such they are your first port of call.

I hope this helps. If there are any further points please reply

Best wishes

Michael

Customer: replied 2 years ago.

Hi,

I have a form from the SRA to fill in which should give me the insurers details although I doubt it will be simple looking at the form. The further problem I have is that I started legal proceedings against CL LLP as the deadline for time barring is imminent.(April 6 2006 date of incident). SRA are saying 30 days for a reply. Should I issue a claim against the insurers now. The problem is the claim is in the order of £150,000 and I cannot really afford the new fees of approx. £7500. How do I get round the time barring if I will not know the insurers details before it becomes time barred.

Expert:  Michael Holly replied 2 years ago.

You should start protective proceedings. I appreciate it is a lot of money but you do not want the claim time barred. If you are successful the fee will be repaid.

Best wishes

Michael

Customer: replied 2 years ago.

Hi Michael,

I am not sure I understand your answer. I have already issued protective proceedings against the original LLP (CL LLP). Do I also have to issue them against the insurer. This will cost me £7500 or so which I don't have. Also I don't know who the insurer is. Can't I just add them as an additional defendant to the existing protective proceedings or even replace the name on the existing proceedings. Time barring cuts in within a few days.

Expert:  Michael Holly replied 2 years ago.

Hi

You do not sue or add the insurer, they are not a party to the action. You sue the party concerned, here the solicitors, and in response to your claim they then claim on their insurance to pay you.

Best regards

Michael

Customer: replied 2 years ago.

Hi Michael,

The problem is that CL LLP who originally carried out the defective work have been wound up. I have already issued protective proceedings against them as I did not know they had been wound up at the time. Do I also now have to issue them against the insurer. This will cost me £7500 or so which I don't have. Also I don't know who the insurer is. Can't I just add them as an additional defendant to the existing protective proceedings or even replace the name on the existing proceedings. Time barring cuts in within a few days

Expert:  Michael Holly replied 2 years ago.

But you do not know who the insurers are and it is not correct to add them to the action. Insurers did not do anything wrong here and they should not be added to the proceedings.

Best wishes

Michael