How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I need to take civil action against a family law solicitor

Resolved Question:

I need to take civil action against a family law solicitor and a barrister who was working with her at the time. I was a character witness in a case but now years later in another case that's related. The old files came up and the two fabricated witness statements in my name. It has been proven in court that I did not attend to witness or sign any such statements and that police were/are not aware of me existing as a witness Lots of other irregularities too. So no problem proving it. Can I likely get, no win no fee? Or After the Event insurance to cover costs as her actions have already nearly financially ruined me with extended legal proceedings due to clarifying the situation and proving the truth before the current case could preceded. Both SRA and Legal Ombudsman suggest I take legal action. I feel it may be difficult finding a firm willing to take action against other legals. Her firm removed her immediately and she now works for the local council. Rather than court could A solicitor negotiate a settlement out of court? Any advice please would be appreciated.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear you are not the client, you were a witness?
What did the SRA/Ombudsman say?
What loss have you suffered?

Customer: replied 11 months ago.
I was a witness. SRA didn't give an answer to all the discrepancies. They just advised I took legal action if I wanted to proceed. The solicitor was also already known to them for a previous matter. I think she got into trouble, but they've all kept it "in house" as her husband is a partner in the law firm and they are well known in the area. The ombudsman said as I was not her client but a witness in the case. It does not qualify- but I can take legal action.
Expert:  Ash replied 11 months ago.

What loss have you suffered?

Customer: replied 11 months ago.
I had £145 k inheritance and had met with the bank to get a buy to let mortgage in principal as I wanted to secure a property as investment/income as I am a single mother. The stress of these proceedings lasting nearly 3 years. I have been signed off Ill with stress and anxiety, gall bladder pain and sickness-from the stress. I was taken by ambulance to A&E. Too ill to work, all my money £145k ran out on about £30k in legal fees and having to support us whilst too ill. In one week of the solicitor having to come to court to answer questions cost me £7k. I was 2 months away from being unable to afford my mortgage, bills, foods etc. It absolutely ruined me.. I even was forced to represent myself whilst ill- the pain was so bad- no medication would ease it. Her actions a domestic abuser to play the court system. This solicitor with held documents from court proceedings and did not tell me of my ex partners police history, which she then added to the fake statement to look like I knew all about him, but would willingly make a statement anyway.. There is no way I would have made a statement for him, I could have sought help instead. It's financial loss, emotional stress, being scared, facing court which was estimated initially at 5-8k and lasting 6 months. Not £30k and 3yrs 10 months. It put my son at risk as people had been saying for years even before me that my ex had mental issues. The false statements made it look like I thought he was stable, so it took 2 years in court until the judge finally got him assessed. Then it came out that yes he is unstable with multiple personality disorders, he see people who aren't there. He hears voices and believes people can read his mind. He has a temper and is violent.
Expert:  Ash replied 11 months ago.

You need to write and set out your losses and request a refund of this £145k within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

As its over £145,000 then you would need representation. Costs are likely to be around £50,000 to take it to trial for you. If you lose you would be liable for the costs of the other side.

Can I clarify anything for you about this today please?

Alex

Customer: replied 11 months ago.
What about funding it- no win no fee etc? Can I go for more than £145k- the property world have increased in value, the monthly income. What about the stress and upset? £145k doesn't cover it- this has nearly killed me.. And put my son at risk. I should never have been put through this mess. Thank you.
Expert:  Ash replied 11 months ago.

You can try and a find a Solicitor - you can claim a nominal sum for stress and upset. But you cant claim for son being put a risk as there was no loss.

But even if you get a mo win no fee, if you lose you would be liable for costs of the other side.

Can I clarify anything else? Alex

Customer: replied 11 months ago.
if I win, they would be liable for my costs?
Expert:  Ash replied 11 months ago.

Yes. But you never get 100% of costs back, usually 75%
Does that clarify? Alex

Customer: replied 11 months ago.
Also, I could go to the papers as it is not slander, as I would have evidence to prove my well chosen words in my allegations. It would be better for them to settle I should think. Or can I be legally stopped from talking about it? Thanjs
Customer: replied 11 months ago.
Would most solicitor firms be able to deal with this case? Thanks
Expert:  Ash replied 11 months ago.

Yes most High Street Solicitors. You cant be legally stopped talking about it no.

Does that clarify? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you.. I can't afford £50k but will talk to a few local solicitors to see what can be done. Eg. An initial letter requesting compensation and threatening court / exposure.

Related Law Questions