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PI Claim - Solicitor is Ending the CFA before Settlement

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  • PI Claim - Solicitor is Ending the CFA before Settlement

    The solicitor I am currently with is leaving the firm & they have decided to close down the Personal Injury Department.

    They have told me to find another solicitor, to take my case on. They want paying for the legal services they have provided to date & that I will have to discus funding options with the new solicitor.

    I have signed a CFA (no claim, no fee). It states the following:
    We may end the agreement before you win or lose, with the consequences set out in the Law Society Conditions.

    I have googled & can't find the consequences set out in the Law Society.

    Any ideas what these consequences mean?

    Worried that another solicitor won't want to take the case on mid-way + having to sort out the money owed to the first solicitor.

    The insurance company has offered a crap settlement already but its far lower than the claim has been valued at. They want rid of us.....

    Many thanks

    Tags: None

  • #2
    So.... The PI Department is shutting down, do I take this as they are ending the agreement because I have to find another solicitor?

    This is all I can find in the Law Society Conditions (attached to the CFA), but it says nothing about firms or departments shutting down.
    It just states the following, which doesn't apply to my case:

    Paying us if we end this agreement:
    We can end this agreement if you do not keep to your responsibilities. We then have a right to decide whether you must;

    pay our basic charges & our expenses & disbursements including barrister' fees but not the success fee when we ask for them; or

    pay our basic charges & our expenses & disbursements including barristers fees & success fees if you go on to win your claim for damages.

    Many thanks

    CatNash

    Comment


    • #3
      I think you should ask them to explain their interpretation of the CFA, in detail.

      Comment


      • #4
        Just take your case elsewhere. The new solicitors should preserve their costs and send it to your current one.

        In in simple terms, under a CFA the solicitor will do work so long as you either win or loose. If you loose then they can recover their costs through insurance.

        However, the case cannot just be abandoned, so you will need to ask the file to be transferred somewhere else. Your solicitor should then send the file and will keep chasing them for their share of the money until the case has settled.

        No point reading too much in to it.

        Hope this helps.

        Comment


        • #5
          Erm you may wanna read this

          https://kerryunderwood.wordpress.com...easing-to-act/
          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment

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