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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I will try to keep this very brief, and im hoping you can

Resolved Question:

HI, I will try to keep this very brief, and im hoping you can help with next steps etc...
My mum had a nasty fall whilst on holiday due to some kind of greasy residue being on the floor of the apartment she was staying in.
On her return she approached a 'no win, no fee' company for compensation. After months and months my mum had to change solicitors because she hadn't realised as a gold member of her bank she was entitled to legal expenses. All the case files etc were handed over just as this was due to go to court.
This was then picked up by the banks appointed solicitors who made no personal contact, didn't (in our opinion) familiarize themselves with the case or the supporting information put forward such as images etc. To that end when the case was put forward to a barrister and it was declined to move forward - even though lots of people said they would stand up as a character reference (as lots of lies has been told, as you'd expect from a large holiday chain) and even though photographic evidence showed grease on the floor.
I'm not an expert but it my opinion the case wasn't put forward as it should have been. Surely the case is only as strong as the information put forward, the lady handling the case hadn't even reviewed the pictures - or that's as it seems after the conversation after the judgement was made.
The accusations made and the lack of empathy towards this case infuriates me. How can someone make an informed choice when they done have all the information to hand?
My question is.. why does my mum go from here? Is there 'somewhere' to go? There has to be some kind of way to challenge this? This is NOT justice and as a consequence my mum is really hurt and upset.
Please help, your advice would be greatly appreciated
Thanks in advance,
Jennie Partington
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume the barrister said it didn't have more than 50% chance of winning?
Customer: replied 1 year ago.
The letter states ' I do not consider the prospects of success in this case to be greater than 51%
Customer: replied 1 year ago.
Gosh...sorry where are my manners...Hi Alex, I'm Jennie.
Expert:  Ash replied 1 year ago.
Ok. Did you ask whether the barrister had seen the documentation? Did you ask for a second opinion?
Customer: replied 1 year ago.
I didnt know you could ask for a second opinion. The letter makes it very clear that the case is closed. My mum asked if the barrister had seen the photos to which she replied said 'Which photos' - then proceeded to look at the images. I take from that answer the images were never part of the case put forward.
Expert:  Ash replied 1 year ago.
I would ask for a second opinion. You should also complain to the firm and make a complaint. If it is not resolved then you can complain to the legal ombudsman. They offer a free, Independent service at http://www.legalombudsman.org.uk
You also have 3 years to bring a claim from date of accident if the file is reopened.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Who would i make a complaint to in the firm? I don't want this to be seen and kept in someones drawer (if you know what i mean). I want this to be taken seriously.
Customer: replied 1 year ago.
is it my right to ask for a second opinion?
Expert:  Ash replied 1 year ago.
Indeed. The firm will have a partner that deals with complaints. If you are not happy wine reply or it's taking too long then you can go to the Ombudman.
Does that help?
Alex
Customer: replied 1 year ago.
If you are telling me that those are the next steps to take then i will do that. I just didn't know what else i could do. Will they have to offer a second opinion? How do i ensure that all the information is put forward?
Expert:  Ash replied 1 year ago.
By law do they have to offer a second opinion, no. But good customer self did says they should. You need to pay sure they have all the material and asked it is passed onto a barrister. But do remember the barrister won't be paid to look at all the material and provide the advice, they will only get paid once the trial starts,
Does that clarify?
Alex.
Customer: replied 1 year ago.
It does thanks.
Expert:  Ash replied 1 year ago.
Great, good luck.
Alex
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