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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I bought a business in 2009 at the

Resolved Question:

hello my name is barrie
I bought a business in 2009 at the time there was an issue with the licence regrding opening times.
in 2015 following an inspection by the local council the licence issue was raised.
it will cost me in the region of £3000 to obtain.
My solicitor has said it was my responsibility and not theres as they say I was going to check it out. I have removed all the documents from them and in searching through the bundles I have found the correct licence issued by the council and stamped by my solicitor as received.
can I sue them for professional neglience.
Kind regards BP
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Barrie, you can most certainly sue the solicitors for professional negligence. Failure by a solicitor to account for a licence he has received on behalf of the client is most certainly professional negligence. Failure by a solicitor to read his bundle of papers and to find the licence received on behalf of the client is also professional negligence. Accordingly, I would advise you to seek another solicitor and to formally write to this first solicitor and state that you will sue them in professional negligence unless the amount of £3,000 is handed over to recompense you for their failure to spot the fact that the licence was received by them on your behalf. Any failure by a solicitor which does not meet the professional standards of the profession amounts to professional negligence. Here the failure to know the solicitors had received the licence on your behalf does not meet the professional standards of the solicitors' profession. Accordingly an action in negligence lies.
Expert:  Buachaill replied 1 year ago.
2. Be aware that the solicitors here, by denying liability, are effectively forcing you to do something about the issue or let is lie. That is your option. Once you formally write to the solicitor's firm, they must put their insurers on notice of a claim. Then you will have the solicitor's insurance firm taking hold of the claim and they will take an objective view of matters, without the personal issues which often clouds judgment by a solicitor as to when he has fallen short of professional standards. So you are much more likely to then get a positive result on your claim.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thank you
I thought maybe because it was 2009 I may be to late.