Who do I take action against?

[Elsie1]

Hi all. I don’t know if this is the correct place to ask this question but I will give it a go. We employed a para legal to help us take somebody to court in about July 2017. In October 2017 we gave the firm £10,000 to pay the fees to court to start the action. In September of this year the man we had been dealing with told us he had stoped trading and that he had not started the court action. The company, registered with companies house, is a limited liability partnership. I reported this to the police who told me the man had committed fraud. My question is, do we try to get the money from the partnership or do we take action against the man himself?

[paulajayne]

How was the person employed?

As themselves or a rep of the firm?

[2222]

What are the police doing about this?

[Elsie1]

He was a partner in the business with what is now his wife, wedding probably paid for by us! The police are doing nothing, think we have just been added to the fraud figures.

[Amethyst]

Was it a regulated law firm ? ( check on the law society website if not sure )

[ploddertom]

If he was a paralegal was he:
a - licensed
b - qualified

[Elsie1]

I have found out that at the time he did have insurance through the paralegal body he was a member of.

[Elsie1]

I believe he was both.

[2222]

Insurance, that is good. You want to check out the third parties rights against insurers act 2010. That would definitely be a lot easier than a speculative claim against the individual, however deserving he is of being sued.

Of course, that is only if the insurance will cover the situation. You can check with the organisation he was a member of.

[ploddertom]

If he was a member of one of the Paralegal Organisations then they usually have details of what conduct that their members should abide by. Complaint against his conduct may be made to them for them to take some form of disciplinary action.

[Elsie1]

Thank you very much for your advice. I will contact the organisation on Monday. I will let you know how I get on.