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Order to Attend Court
Hi all,
Hoping someone can point me in the right direction on this and offer some advice.
Bit of context:
- we instigated a professional negligence claim relating to our property purchased (leasehold) in 2018
- the case was taken on via a no win no fee arrangement, and insurance was in place to cover all costs
- in 2019, the case was reviewed by a barrister and we were advised success probability based on all information was 80%.
- owing to COVID and a backlog of cases, the courts said they would not hear any more cases until they ran some 'test' cases first (as there were many leasehold claims ongoing). Our case was stayed for a prologued period.
- in late 2022, two test cases failed to win
- In July 2022, the insurer advised our solicitors that they would not cover further costs from 8th July.
- as a result of this and on our solicitors advice, we discontinued the claim.
- in November 2022, our solicitor advised that the insurer had stopped responding and the defendant was now submitting their final bill of costs.
- in December 2022, our solicitor called us to say they will resolve this and protect our position.
- in Feb 2023, there was no movement on the case and Comms were ongoing between the solicitor and the insurer.
- yesterday I called the solicitor to ask for an update, and was advised that the insurer had agreed to pay the sum, and that they had been provided with the defendants account number to make payment. He said the defendant hadn't chased for payment so the assumption was that it was done and finalised. He sent me a copy of the insuerers email that confirmed they would settle.
- today I've been hand delivered a court order, stating that the defendant is now pursuing me for the monies owed and I have to attend court later in Sept.
I've spoken to my solicitor who wasn't aware of this, had no inclination that this was happening and was surprised to say the least as the insurer was paying. They are trying to get hold of the insurer to check a) have they paid? And b) if not, demand they do asap so they can stop the hearing taking place.
Given the lack of Comms from my solicitor over the last few months, I am not 100% confident this is going to get sorted and I'm facing the prospect of a court judgement and financial ruin for something that should've been taken care of for me.
How can I expediate things? What would you guys advise? I'm in absolute disbelief this could happen tbh.
Thank you.
Hoping someone can point me in the right direction on this and offer some advice.
Bit of context:
- we instigated a professional negligence claim relating to our property purchased (leasehold) in 2018
- the case was taken on via a no win no fee arrangement, and insurance was in place to cover all costs
- in 2019, the case was reviewed by a barrister and we were advised success probability based on all information was 80%.
- owing to COVID and a backlog of cases, the courts said they would not hear any more cases until they ran some 'test' cases first (as there were many leasehold claims ongoing). Our case was stayed for a prologued period.
- in late 2022, two test cases failed to win
- In July 2022, the insurer advised our solicitors that they would not cover further costs from 8th July.
- as a result of this and on our solicitors advice, we discontinued the claim.
- in November 2022, our solicitor advised that the insurer had stopped responding and the defendant was now submitting their final bill of costs.
- in December 2022, our solicitor called us to say they will resolve this and protect our position.
- in Feb 2023, there was no movement on the case and Comms were ongoing between the solicitor and the insurer.
- yesterday I called the solicitor to ask for an update, and was advised that the insurer had agreed to pay the sum, and that they had been provided with the defendants account number to make payment. He said the defendant hadn't chased for payment so the assumption was that it was done and finalised. He sent me a copy of the insuerers email that confirmed they would settle.
- today I've been hand delivered a court order, stating that the defendant is now pursuing me for the monies owed and I have to attend court later in Sept.
I've spoken to my solicitor who wasn't aware of this, had no inclination that this was happening and was surprised to say the least as the insurer was paying. They are trying to get hold of the insurer to check a) have they paid? And b) if not, demand they do asap so they can stop the hearing taking place.
Given the lack of Comms from my solicitor over the last few months, I am not 100% confident this is going to get sorted and I'm facing the prospect of a court judgement and financial ruin for something that should've been taken care of for me.
How can I expediate things? What would you guys advise? I'm in absolute disbelief this could happen tbh.
Thank you.
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