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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 757
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My husband had an accident at work in July 2012, He had

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Hi my husband had an accident at work in July 2012 , He had contact Aviva insurance to get advice and ask if such a claim is covered by home insurance,they took details and confirm he will be covered and assigned this case to Irwin Mitchel. The case got to court on 12 sept 2017 and following my husband short testimony 1.1/2 hours there was a lunch break in which His solicitor and barrister decided we will lose the case and stopped the hearing. They have confirmed that all expenses are covered nothing to worry about . My husband received a letter today from solicitor 2 years after the case completed, that the insurance company is refusing to pay the £50k liability for defendent fees, the solicitor is encouraging to seek legal advice ??
JA: Where is this? It matters because laws vary by location.
Customer: Cambridge court
JA: What steps have been taken so far?
Customer: there is hearing on 15 November in front of Supreme Court cost office in London about cost claimed by defendent and IM had arranged for a specialist barrister to attend at this hearing to represent my husband interest to seek reduction from defendent costs
JA: Anything else you want the Lawyer to know before I connect you?
Customer: IM had decided to agree to indemnify any costs above the limit of 50k

Hello my name is Ross and I may be able to help. I have read the attached information. Can you tell me what your question is specifically in this matter please. Thank you.

Customer: replied 11 days ago.
Well the question is what do I do to force insurance to pay for the defendent fees, we have followed the solicitors advice which they appointed and now they claim circumstances leading to the final trial possibly resulted in breach of thevterms of policy

Clearly, the decision on this is going to be made by a judge, and it is not for me to comment on what they will decide. However, looking at the situation. I cannot see the likely hood that you would end up liable for these fees. The solicitor has given you advice and you have acted in accordance with this advice. Therefore if the judge decides that the fee falls at your feet, then they should ultimately fall at your solicitors for not advising that you could end up in this position, had that been the case you perhaps would have went down a different route. However, I would await the courts decision and if this is to fall at your feet, you can ask for any enforcement to be set aside so that you can pursue a claim against your solicitors. I know that sounds a little messy however, I cannot see inn any way that tit would be fair for you r to ultemetly be responsible fo frees which you were not advised may be payable by you. I hope that this makes sense.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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