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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My latest mother was badly treated in a nursing home. I used

Resolved Question:

Hello
My latest mother was badly treated in a nursing home. I used a solicitor who took the public service ombudsmen route. The case was partially upheld. But the solicitor failed to inform us of the 3 year rule to bring proceedings.
We had six weeks to do so. My new solicitor obtained a court order protecting the case. This was done on a NO win no fee. Now even though there is a huge volume of evidence including photographs of neglect, and proof of drugs used off script which were not licence for elder dementia care. My solicitor now want a fee of £1500 for a professional opinion and a further £250 for court papers. Or they will drop the case. There are several expert opinions in the ombudsman bundle and witness statements from those who visited and witnessed the deterioration.
I am on state benefits due to serious illness and funding is impossible. I am asking basically is there any way forward, or is dropping the case the only option?
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Did your Solicitor take out after the event insurance please?

Customer: replied 1 year ago.
What is after the event insurance? The former solicitor was funded by community legal aid fund and the current one is a CFA. With no provision for disbursements.An after the event insurance was never discussed by either legal firms.Hope this helps
Expert:  Ash replied 1 year ago.

When you signed the CFA does it say you will have to pay for an opinion?

Customer: replied 1 year ago.
It says that I may have to pay for disbursements
Expert:  Ash replied 1 year ago.

Ok. Sadly the opinion is a disbursement. But I could get your solicitors to get a number of quotes from different barristers.

The fee seems high but it may be because this here a huge volume of evidence.

As for the court fees if you are on benefit you should be entitled to fee remission for those.

But generally Barrister and Court fees are disbursements.

But it may be if you ATE insurance that covers you for these fees.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
There is a huge amount of evidence . My solicitor is Leigh Day in London. They have there own panel of experts. I don't recall having ATE.
I have no idea how to continue the case as the solicitor is wanting this fee before deciding if the case is viable. The court fees are recoverable at some point.
If my solicitor drops the case due to my inability to raise the fees then I assume it is too late to continue with another firm. Also I note that the Bar do have pro bono barristers, but I'm not sure if my solicitor would agree to refer the case for counsel as they want to use there own.I have attached the ombudsmen report for you to have a better understanding of the case.
Expert:  Ash replied 1 year ago.

Indeed. They may well do so on the condition there is an undertaking on costs if you win.

You can move solicitors at any time if you wish. You do not need to stay with this firm.

Can I clairfy anything for you?

Customer: replied 1 year ago.
With the 3 year rule to bring proceedings which the current firm got a court order to protect the case, a other solicitor would they seek a different kind of funding. Also I'm not sure where the case is with the current as they were collating evidence and seeking health records.Are there pro bono solicitor or charitable that may take the case. How can I prove its viability?
Expert:  Ash replied 1 year ago.

Check he terms of the CFA - you may be able to switch. But protective proceedings have been issued which is fine, but they must be served within 4 Months.

You can try the Bar Pro bono and see if they would take it

http://www.barprobono.org.uk

However you need to be advised if you lose the case you will be liable for the other side costs.

Does that clairfy?

Customer: replied 1 year ago.
The protective proceedings was prepared in May of this year. I have no idea if this was serviced. I have not had any correspondence from the solicitor only the CFA and court fee waive. Then this email regarding this expert fee. I have no idea what work has been done to date, only collating information I've provided and this protective proceedings.I have asked for updating twice, but nothing has been provided. Most correspondence between us is emailing.
Expert:  Ash replied 1 year ago.

Indeed. Their behaviour is disgraceful which is why you should consider moving.

Can I clarify anything else for you?

Customer: replied 1 year ago.
Thank you. But Leigh Day is one of the best Elder abuse solicitor. I can't see how another would take the case. Took ages to find them.
Expert:  Ash replied 1 year ago.

You should complain to the Managing Partner. They will investigate your complaint and report back to you.

If you are still not satisfied then you can complain to the Legal Ombudsman.

They offer a free, independent service at: http://www.legalombudsman.org.uk/

Does that clarify?

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