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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I was ordered to pay £60,000 to my solicitor to be deposited

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I was ordered to pay £60,000 to my solicitor to be deposited in an escrow account pending the outcome of the appeal. I lost the appeal and the money should have been paid to the other sides solicitor. My solicitor held onto the money for 8 months and the other side sued me for this money and a considerable amount of costs, which resulted in one of my properties being sold to pay their costs. My solicitor eventually paid the money over. I applied to the court to establish who had acted unprofessionally and how this had happened. I lost one of my houses to pay the costs of the various applications. The court granted my request for the solicitors to provide this information. In breach of the specific order, both sides have refused to provide the information ordered by the court. What can I do now? .

Hi thank you for your enquiry and your patience. I am reviewing for you and should get back shortly. I am currently mobile so there may be a slight delay

Customer: replied 10 days ago.
Thank you for letting me know. Kind regards, Terry.

Your solicitor will have made an undertaking to make the payment if your appeal was lost and therefore in failing to pay and causing you the subsequent financial loss they should pick up that loss. If you have already complained to them and with no success you ought to escalate to the Legal Ombudsman. if you have already done this unfortunately the only other step would be getting back into the litigation arena again which I can imagine with what you have gone through you would most likely not be keen on. You ought to check your home insurance, motor insurance or any other insurances policies you may have, just in case you have legal expenses cover that you have not explored and they could pick up the professional negligence claim for you. I hope this is of some use to you and I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 10 days ago.
Thank you for your response. My experience with the Legal Ombudsman doesn`t fill me with confidence. I`d forgotten about an undertaking. There are too many `get out ` clauses in insurance policies, so as you say, it`s a case of getting into litigation, so what is the best way forward please? Terry

You have to get a professional negligence solicitor to review your file in person. I would not recommend that you take on a solicitor professional negligence claim without representation. They will send a letter of claim to your solicitor and I would expect that they would be looking for reimbursment of all the financial loss you have suffered as a snow ball effect of your solicitor's initial failure to pay the money as should have done.

Customer: replied 10 days ago.
With respect, its solicitors who put me in this position in the first place. I prefer to use a direct access barrister instead. I need to prepare my case and give them instructions as to what I expect from them. Could you please advise?

I am a solicitor but I appreciate we are all different and you happened to have been let down so I do not take offence.

The public access barrister will need your brief and the brief would need to request that they represent you to pursue a solicitor for professional negligence and you will have to list the documents that you are providing the barrister to review, in a bundle and in chronological order:

1. So you will start from the Appeal and the Order that required you to make payment of the £60,000.00 and this would state when the money was to be released and all correspondence that was exchanged with the solicitors with regards to the release of the payment to when the payment was actually made 8 months on

2. They will want copy of the file relating to the claim by the third party against you for the delay in releasing the funds and the court order or agreement that ended you with having to settled their damages and solicitors costs. If you were represented throughout this evidence of your own costs

3. Evidence of properties lost to fund the costs

You will need to see them face to face in conference once the brief has been sent to them. The Counsel will be able to tell you of any more documents they require

Once you identify the barrister you want to use when you speak to their clerk they will often tell you in any event what the barrister wants to see in the first instance

Customer: replied 10 days ago.
Hi, . We seem to be getting off of the mark. I`m aware of the Appeal details and the Injunction order. I have an order already from the court instructing the solicitors to provide the information I have requested. They have ignored the order. I need to know what to do next to make them comply with the court order. Thanks.

The judgment will normally say what should happen if breached. Does the order you have expressly state a penal notice for example? You would be going back to Court to advise of the non-compliance. As much as I would like to continue engaging on your enquiry this is something you ought to see (I would say solicitor) the public access barrister to enforce your order. I cant add more regrettably.

Customer: replied 10 days ago.
thanks, I`ll wait and see what the new solicitor reccomends

Hello my name is Jamie and I will help you with this.

You need to go back to Court and make an application to commit the Sols to prison.

You need to read Part 81 of the Rules to see how to do this:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-81-applications-and-proceedings-in-relation-to-contempt-of-court

Does that clarify?

 

Customer: replied 10 days ago.
Hi Jamie, are you referring to the Civil Procedure Rules?

Yes.
Does that assist?

Customer: replied 10 days ago.
Could you be a little more specific please Jamie?

You asked are you referring to the Civil Procedure Rules?

I replied - yes.

What is it you need me to be specific about?

 

Customer: replied 10 days ago.
the CPR 81 paragraph specifically dealing with my request. Thanks

81.10

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13814
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks Jamie, I can work with this.