Recent Cases, Articles & News

17.10.11

HorseSolicitor wins professional negligence claim for a client against firm of solicitors

HorseSolicitor were recently instructed to represent Mrs D in a claim for professional negligence against X (A Firm) in respect of the advice that X had provided to her in a claim advanced against 3 Defendants who it was alleged had made certain representations to Mrs D as to the suitability and quality of a horse sold to her. It was alleged that Mrs D had placed reliance upon those representations when she took the decision to purchase the horse. X commenced court proceedings on behalf of Mrs D which were unsuccessful and Mrs D was left with orders for adverse costs against the 3 Defendant in the region of £75,000.00.

Mrs D contacted HorseSolicitor who advised that a claim could be advanced against X for having been negligent and or in breach of contract in the advice provided to their client, the conduct of the trial and for having failed to adequately to investigate Mrs D’s insurance position and in particular whether any legal expenses insurance could be obtained to have otherwise indemnified Mrs D against the Defendants’ legal costs.

Prior to settlement HorseSolicitor separately successfully challenged part of the costs orders obtained in the Court of Appeal resulting in a deduction in the overall debt to £63,000.00.

It was apparent that certain causation issues had to be considered and on that basis the parties agreed to refer the dispute to mediation. The mediation was successful and X agreed to make a payment to Mrs D in the sum of £26,000.00 together with paying her legal costs of HorseSolicitor acting for her.

Whilst no formal breakdown of the settlement was agreed, HorseSolicitor estimates that the settlement represented 50% of her costs outlay less the claim that X could have exercised against Mrs D for recovery of the firm’s outstanding costs. HorseSolicitor acted on a no-win, no-fee basis.


Veterinary Negligence
Changing solicitors