HomeCase studiesSMEs, directors & shareholdersCommercial LitigationSettling a professional negligence claim at an early stage through a strong letter before claim

Why the client needed our help

Our client, a wills and probate company, was looking to administer a will and, at the same time, bring a possession claim to remove tenants in a property who were refusing to leave. They had employed previous solicitors who had issued incorrect notices and proceedings which were dismissed by the court.

How we helped

Once we had reviewed all the papers, we issued the correct form of proceedings and were eventually able to obtain vacant possession of the property. We then drafted a pre-action protocol letter before claim for professional negligence to the previous solicitors. The letter set out full details of their errors and requested that they pay the legal costs which our client had incurred in rectifying the solicitors’ earlier mistakes.

The outcome

We were able to recover a substantial portion of the legal costs which our client had suffered as a result of their former solicitors’ errors. Our strong letter before claim had resulted in the former solicitors deciding that it would be better to settle the claim at an early stage (having accepted they were liable for their errors) rather than go to court and possibly incur much higher legal costs. This also meant that the deceased’s estate could be administered much more quickly than if the matter had proceeded to court.

I have found FWJ to be perceptive, to the point and realistic. They have been able to assimilate and forcefully defend a very aggressive claim with very limited historic information.

A client we advised on a complicated property and partnership dispute

Key contacts

Mark Ovenell

Mark Ovenell

Senior Associate

Sue Brumby

Sue Brumby

Senior Associate

Stephen Downie

Stephen Downie

Partner

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