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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently instructed solicitors to bring a negligence claim

Resolved Question:

i recently instructed solicitors to bring a negligence claim against a surveyor. the solicitors failed so much as they pursued the wrong defendant and secondly served the correct surveyor but at his wrong address. i terminated their retained and with the help of a barrister sent them a preliminary notice before bringing a claim.
my question is that when i bring a claim against the solicitors how do they defend my claim?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know why you cant pursue the surveyors now?
How much are you looking to claim please?
Customer: replied 1 year ago.

out of time to pursue surveyor

claim was for 450k

Expert:  Ash replied 1 year ago.
Well you need to show that you WOULD have won. You can sue for loss of chance, but you need to show the Court you would have won, not may have gone.
They can defend it on the basis that:
1) They were not negligent, or
2) You can not prove you would have won
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

the negligence issue i believe is straightforward, they served the wrong person and failed to serve the surveyor at his correct address.

the only issue on whether i would have won would be whether the surveyor owed me a duty of care, i instructed a retrospective valuation and it came in 250k lower than the original valuation...

Expert:  Ash replied 1 year ago.
You are claiming loss of chance, that is what your claim is for.
You need to show you would have won in order to win against the Solicitors.
Does that help?
Alex
Customer: replied 1 year ago.

surely it is not so straightforward as that?

Expert:  Ash replied 1 year ago.
Yes that is what you do. Bring a claim, show you would have won against the surveyor.
Does that help you?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.
are you familiar with scullion v bank of scotland?
Expert:  Ash replied 1 year ago.
I am yes.
The case involved a development of new residential flats. Mr Scullion, the claimant, agreed to purchase a flat and made an application for finance from a specialist buy-to-let mortgage provider, Mortgages plc. A valuer employed by Colleys (which is now part of Bank of Scotland plc) was instructed by Mortgages plc to provide a valuation report of the capital value and the anticipated rental value of the development.
After completion, Mr Scullion was only able to let the flat for half of the monthly value which Colleys had predicted. Mr Scullion made a claim against Colleys for negligence. Colleys defended the claim on various grounds, fundamentally that they did not owe Mr Scullion a duty of care.
Customer: replied 1 year ago.
hithanks for that. i too am familiar with that case. my previous solicitors likened my original claim to scullion, in so much as they thought the courts would ultimately think my surveyor also didn't owe me a duty of care. i disagree. my purchase was residential as opposed to commercial. i will not go into the facts now but i have a quick question for you regarding scullion. do you think scullion was settled prior to the appeal?
Expert:  Ash replied 1 year ago.
I dont know, as many cases are not reported and settle. Its hard to say whether or not it did.
I think you have a claim, in any event you could not only argue breach of contract but also negligence.
Does that help?
A;ex
Customer: replied 1 year ago.
hi, thanks.going back to scullion if i remember correctly the judge decided on the rental value as opposed to the capital value as in that case the capital valuation was not negligent.going back to your last post you mention i could argue breach of contract but also negligence, what do you mean by that?cheers
Expert:  Ash replied 1 year ago.
You can show if they owed you a duty, broke it and you suffered as result then you have a claim
Does that help?
Alex
Customer: replied 1 year ago.
sorry i'm now lost!! do you mean against my solicitors or the original vlauer?
Expert:  Ash replied 1 year ago.
Lender.
Does that help?
Alex
Customer: replied 1 year ago.
no!!!my original question in this post was regarding the fact that my solicitors had failed in their duty to issue my claim against the surveyor, yet you now have introduced the 'lender', now i am lost!
Expert:  Ash replied 1 year ago.
You can issue against the Solicitor for failing to issue a claim. Negligence claim against your Solicitor for THAT issue.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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