Consent order signed by third party solicitor and client not paid can I sue solicitor

[nemesis45]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

What are the chances the Solicitor would be liable?

None the solicitor offered no guarantee that his client would adhere to the order.

nem

[Openlaw15]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

What are the chances the Solicitor would be liable?

Breach of duty?

The answer is not simple we do not know the full facts but we could make founded fair inferences. Generally duties are not owed by third parties for omissions (did not do something but perhaps should have) but there are when especially a legal professional makes things worse for a third party. It just depends if the third party solicitor has done anything under-hand to justify a breach of duty, or with intent caused the loss to the third party for the benefit of his own client. The solicitor was representing a company and not a consumer so a commercial lawyer (commercial lawyer standard) knows the pitfalls of a consent order so it could be said there is an implied relationship of trust, in which the op relied on to his detriment. The fact that the solicitor signed the consent order also illustrates the solicitor, as agent for the defendant, was willing to take the risk of a tort occurring. Did the solicitor act reasonably by explaining the consequences of a consent order to his/ her client, knowing the onus and liability may fall on the solicitor for losses, potentially anyway. Why would the solicitor have needed to sign the consent order when the client could have done so. If op were to sue the third party solicitor, the latter could in turn sue his client for the problems. It just depends on whether the solicitor advised a consent order to benefit his client knowing full well there was no intention to be obligated by it. As the solicitor signed for his client he has a duty where his actions have made a situation worse. The onus should have been on the solicitor to make contact with his client and any attempts to be made by way of a diary. This what I would expect of a competent legal professional who serves the industry in good faith. We'll see what the Op adds as far as detailed facts goes. Many ombudsman do not take a tort view of complaints, rather they tend to be very generous to the other. The legal ombudsman like all ombudsman have access to many qualified legal professionals ie solicitors and barristers, but it does not seem likely they will use their powers as a court might.

[Amethyst]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

It might assist to see the consent order.

[steampowered]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Solicitors owe a duty of care to their clients. They do not owe a duty of care to the third parties or to their opponent in litigation.

It is very normal for solicitors to sign documents in litigation on behalf of their clients and this does not suggest that the solicitor offers any kind of guarantee.

You can't complain to the Legal Ombudsman about your opponent's solicitor. You could complain to the SRA if rules of professional conduct have been breached, but there is nothing to suggest that any rules of professional conduct have been breached here.

[Openlaw15]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Solicitors owe a duty of care to their clients. They do not owe a duty of care to the third parties or to their opponent in litigation.

It is very normal for solicitors to sign documents in litigation on behalf of their clients and this does not suggest that the solicitor offers any kind of guarantee.

You can't complain to the Legal Ombudsman about your opponent's solicitor. You could complain to the SRA if rules of professional conduct have been breached, but there is nothing to suggest that any rules of professional conduct have been breached here.

Third party solicitor sued: House of Lords in White v Jones [1995] 2 AC 207

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

BY CONSENT, IT IS ORDERED THAT:-


1. Judgment be entered in favour of the Claimant;

2. The Defendant do pay the sum of £XXX.XX within 14 days of the date of this order;

3. Upon payment of the said sum the Defendant has no further liability to the Claimant in respect of this claim;

4. Each party be at liberty to apply.


WE CONSENT TO AN ORDER IN THE ABOVE TERMS

Signed: Claimant (OP) and "Solicitors for the Defendant"

- - - Updated - - -

Doesn't 'WE' mean myself and the Defendant's solicitors?

- - - Updated - - -

" It just depends on whether the solicitor advised a consent order to benefit his client knowing full well there was no intention to be obligated by it".

This what has happened .....

[nemesis45]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

BY CONSENT, IT IS ORDERED THAT:-


1. Judgment be entered in favour of the Claimant;

2. The Defendant do pay the sum of £XXX.XX within 14 days of the date of this order;

3. Upon payment of the said sum the Defendant has no further liability to the Claimant in respect of this claim;

4. Each party be at liberty to apply.


WE CONSENT TO AN ORDER IN THE ABOVE TERMS

Signed: Claimant (OP) and "Solicitors for the Defendant"

- - - Updated - - -

Doesn't 'WE' mean myself and the Defendant's solicitors?

- - - Updated - - -

" It just depends on whether the solicitor advised a consent order to benefit his client knowing full well there was no intention to be obligated by it".

This what has happened .....

The answer is no the order means the defendant and you!

You would have to have strong, irrefutable evidence that the solicitor
acted improperly and from what's been said previously and the fact
you failed to enforce the debt by applying for judgement at the first
opportunity does not tie up with your belief later that the solicitor acted
improperly.

The Judgement and the subsequent order are what one would expect
in this situation.

nem

[Amethyst]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The consent order didn't avoid the defendant having a judgment against him, just got him a lower settlement than potentially would have been awarded in court. If the sum wasn't paid by the 14 day deadline the judgment could be enforced. The Court should still have issued the judgment, however you wouldn't have been able to enforce until 14 days after the order date if it were not paid as agreed. Then all enforcement options were open to you.

I'm afraid reliance on the other side's solicitor for advice isn't a great plan, after all it is the other side paying the solicitor to get a settlement in his favour, not yours.

The company didn't liquidate for six months after that, there was plenty of time to enforce the order. I doubt very much the solicitor knew his client was intending to liquidate in six months time - and he may well have unpaid invoices himself.

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The solicitor wasted 6 months telling me he is waiting for "instructions" then sent me a letter saying they're in administration here's the insolvency solicitors ......

I commenced enforcement proceedings 3 months after non payment of the consent order date and the hearing was on 26 November (took some months to get the date and it got transferred to their local court), the company went into liquidation on the 27th. I couldn't locate the company director to serve him personally (or by process) so asked for the hearing to be re-allocated.

The defendant solicitor knew I did the above but wouldn't tell me how to contact his client ....

So .... what am I to believe?

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The next possible solution is to sue the former director of the company as maybe 'he' instructed the solicitor to settle with having no intention of paying as might have already been thinking to close the company ..... this is a breach of rules as he had to act fairly with all creditors. My name wasn't even in the list of creditors, I found out later and had to send 'proof of debt etc'. So even though the director twice applied to set aside judgment, gave witness statements etc, he still forgot to include me as a company creditor in the list of creditors. ....

[Openlaw15]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The solicitor wasted 6 months telling me he is waiting for "instructions" then sent me a letter saying they're in administration here's the insolvency solicitors ......

I commenced enforcement proceedings 3 months after non payment of the consent order date and the hearing was on 26 November (took some months to get the date and it got transferred to their local court), the company went into liquidation on the 27th. I couldn't locate the company director to serve him personally (or by process) so asked for the hearing to be re-allocated.

The defendant solicitor knew I did the above but wouldn't tell me how to contact his client ....

So .... what am I to believe?

A delay of 6 months, not by itself anyway, does not constitute unreasonable conduct. If you held misgivings against the 3rd party solicitor at the time, then why didn't you make a formal statement of complaint to that 3rd party solicitor/ their company to that effect? Although a consent order is legally binding - why did you just wait. Whilst the law burdens 3 parties with duties in certain circumstances it equally burdens claimants compared to a reasonable person equivalent, in your case a commercial reasonable standard, as more is generally expected of businessman in commercial transactions than the average consumer.

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

A delay of 6 months, not by itself anyway, does not constitute unreasonable conduct. If you held misgivings against the 3rd party solicitor at the time, then why didn't you make a formal statement of complaint to that 3rd party solicitor/ their company to that effect? Although a consent order is legally binding - why did you just wait. Whilst the law burdens 3 parties with duties in certain circumstances it equally burdens claimants compared to a reasonable person equivalent, in your case a commercial reasonable standard, as more is generally expected of businessman in commercial transactions than the average consumer.

I don't get your post.

I didn't wait, I commenced enforcement proceedings after 3 months. That seems reasonable.

I also complained about the defendant solicitors to the SRA/LO but they won't look into it.

Why should commercial standards apply to me just because the defendant is a company? I'm a consumer not a businessman, I paid for a service not then supplied hence the claim, which succeeded.

[wales01man]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

You are fighting a losing battle unless you can pursue the Directors the Company no doubt has no money for you or anyone.

[Amethyst]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

How did you pay for the service ?

[Openlaw15]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

I don't get your post.

I didn't wait, I commenced enforcement proceedings after 3 months. That seems reasonable.

I also complained about the defendant solicitors to the SRA/LO but they won't look into it.

Why should commercial standards apply to me just because the defendant is a company? I'm a consumer not a businessman, I paid for a service not then supplied hence the claim, which succeeded.

I know you will feel angry and taken advantage of. The amount at best however is only £2000, right? If the SRA/ LO will not look into it a tort lawyer is very unlikely to ...I don't fancy your chances as litigant in person either. Technically speaking, the third party solicitor is not likely by the court to be viewed as doing anything wrong. The amount is simply too small to drag a solicitor over hot coals, so to speak in any event. Look, the courts will likely say you had ample opportunity to take the defendant to a County Court for the losses. it does not matter whether you think that is unreasonable. You could have paid for bailiffs, you could have accelerated the situation up to the High Court for the bailiffs to be appointed faster. However where a company owes any debts at the point of it being wound up all debts simply cease to exist - as a person can have a company name (legal name, ie incorporated) and an individual name. The legal company's goods could be claimed up to the point of it legally ending. If the legal company has ceased to exist then so do any of its debts. Was it a limited company, if so all debts have been cancelled. If it were a sole trader that's not a legal company so any company goods are not protected, the way i understand it. I was under the impression the debt was £30,000 as i confused this post with another Op's. It could have been much more than £2000. One point, why would you even trust a solicitor acting for the other side?