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A lost court case

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  • A lost court case

    Hello everyone!

    I am in a tricky situation here and I wonder if any of you could give me some advice please.

    Very briefly, someone took me to court for a hopeless claim (that's what my solicitor described the case). In the end, the judge dismissed the case and ordered the claimant to pay my legal costs which is £146K. The claimant cannot afford to pay so he chose to go bankrupt a couple of months ago. I found the whole thing is wrong and pathetic. The guy wrongly accused me for something I did not do and he is allowed to go bankrupt to write off the money he owes me, where is the justice?

    Anyway, the advice that I am after here is, can I do something against the claimant's solicitor?

    Before the trial, we had a mediation session trying to settle the claim before court. During the mediation session, my solicitor and I learned more about he claimant's argument. I must say the claimant had a very weak argument for his case. After the session, my solicitor and I decided to write to the claimant and his solicitor to explain what we found in the case. We advised the claimant and his solicitor to discontinue the claim against me. We asked the claimant to pay my 'then' legal costs (around £40K). In our letter, we also made the claimant and his solicitor aware that if the case continued, my final legal costs would be much higher for the claimant to pay when he lost. My solicitor and I did not receive any response to our letter, and the case continued to go to trial.

    As I said, the judge dismissed the case and ordered the claimant to pay my legal costs. My solicitor said to me the claimant was badly advised by his solicitor. And now the claimant is not paying my legal costs and chose to go bankrupt, it means I end up with a huge debt. Most of my legal costs came from borrowing money from bank, family and friends.

    I keep thinking whatever happened could have been avoided if the claimant was advised correctly. I therefore wonder if I can do something against the claimant's solicitor.

    I can give more details about the actual claim/court case.

    Many thanks for your time!
    Tags: None

  • #2
    Originally posted by DCASTLE View Post
    Anyway, the advice that I am after here is, can I do something against the claimant's solicitor?
    Sorry, no.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Here is an article about the very restricted circumstances in which the court can make a 'Wasted Costs Order' - https://www.rpclegal.com/thinking/pr...professionals/

      Any application you make will be be hotly contested by the solicitors and their insurers. It will cost you a lot more money, and if you are unsuccessful, you will be ordered to pay the solicitors' costs - probably 6 figures.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        Originally posted by atticus View Post
        Sorry, no.
        Originally posted by atticus View Post
        Here is an article about the very restricted circumstances in which the court can make a 'Wasted Costs Order' - https://www.rpclegal.com/thinking/pr...professionals/

        Any application you make will be be hotly contested by the solicitors and their insurers. It will cost you a lot more money, and if you are unsuccessful, you will be ordered to pay the solicitors' costs - probably 6 figures.
        Thanks for your replies.

        Comment

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