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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10595
Experience:  Barrister 17 years experience
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We received a personal injury claim from a solicitor

Customer Question

We received a personal injury claim from a solicitor for a client claiming he had fallen due to a cracked paving stone on our land. It caused time and expense including traveling 120 miles to examine the spot when we discovered it was not on our land and the solicitor had made a mistake on the plan. The action was dropped so we wrote to the client enclosing our bill for time and costs spent. We then received a letter from his solicitor informing us that "whilst the accident was not within your boundary you have no entitlement to costs".
Is this correct as we are a charity and wish to pursue it through the small claims court?
Regards David
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Here you are entitled to your costs for investigating whether this was a true or a false claim. However, from the correspondence from the solicitor, you will have to institute proceedings in order to get any money. The most likely thing that occurred here is that the solicitor who is telling you that you are not entitled to costs, is the person who made the mistake of where the accident happened and whose land it was. So you should realise here that the person who had the accident is probably not the owho made the mistake. So there is an issue as to who will pay you the monies. It might have been a surveyor who surveyed the land for the person injured.