merits assessment

[unclebobby]

Hi, any help would be greatly appreciated.
I had a dispute with my architect which led to me using the services of an arbitrator that was appointed via RIBA. Unfortunalty it turned out that the arbitrtaor did not do any initial checks to make sure that arbitration was legally viable between the architect and I. It turned out that I made a mistake and did not realise that arbitration could not be used. However is it reasonable to expect an arbitrator to do the relevent checks to ensure this does not happen before he he agrees to take on a case like mine?

Many thanks

[unclebobby]

Re: checks before taking on work

bump

[unclebobby]

merits assessment

Hi,

I need to get a merits assessment on my case and I have been told I do not need to get an expensive barrister to do this- is this really the case? Can a barrister with say 2 years experience, really assess a case as well as a 20 year experienced barrister?

thanks

[slainte caragh]

Re: merits assessment

Hi and welcome to LB.

Without knowing what the case is about we can't really tell if this is true.

Please can you post up a few more details, a basic outline and in the mean time I shall tag [MENTION=39710]des8[/MENTION] [MENTION=61310]diana[/MENTION]M [MENTION=2]Celestine[/MENTION] [MENTION=6]Amethyst[/MENTION].

[unclebobby]

Re: merits assessment

Hi there thanks for the reply.

The case revolves around professional negligence of an architect. I am assuming that the barrister who would report on the merits of the case (which I would take to my insurers) would need to be someone who specialises in professional negligence of architects/ builders/ engineers? Or is this not needed?

Many thanks

[unclebobby]

consumer rights act 2015

Does anyone have any links, or can name stated cases involving the consumer rights act 2015, specifically for services sold?

[Diana M]

Re: consumer rights act 2015

Does anyone have any links, or can name stated cases involving the consumer rights act 2015, specifically for services sold?

Possibly

Why do you ask ?

Di

[unclebobby]

Re: consumer rights act 2015

I am trying to build a case against my arbitrator for providing a service without reasonable skill and care

[unclebobby]

Re: consumer rights act 2015

or perhaps someone could tell me where to go to research case law for free?

[Diana M]

Re: consumer rights act 2015

I can see you've got a couple of other threads about an issue with your architect so maybe ask [MENTION=49370]Kati[/MENTION] to merge them so you can get the advice you need based on the history.

What is the current status of the dispute?

Di

[unclebobby]

Re: consumer rights act 2015

The architect refused arbitration, but the arbitrator failed to spot that was not an arbitration clause until later on. Despite this mistake he is still charging me an exorbitant fee! I believe that he has failed in providing me a service with reasonable skill and care and I plan to use this argument in court.

Any thoughts?

[Peridot]

Re: merits assessment

Hi Unclebobby,

Sorry still not clear why you need a barrister's opinion. Are you planning on suing an architect if your case has sufficient prospects of succeeding? Are insurers already involved? If not, what do you mean by taking it to the insurers? Has the insurer requested this? Would a solicitor's view on whether they are willing to take the case or not be sufficient?

Without a bit more info it is difficult to understand what you wish the opinion for but if you have been asked to obtain a barristers opinion (first query by whom?) then of course experience can be a great thing, but I would not necessarily go to the top QC for their opinion it will cost a significant amount of money. A junior or baby barrister, knows the law and what factors have to be fulfilled to be successful in a claim for professional negligence so I would maybe try there first, unless this is a particularly complicated matter.

Are you planning on suing the architect? In which case would it be better to find a solicitor who deals with professional negligence? They would be able to tell you whether you have a claim or not. The barrister would generally only be involved if matters proceed to Court although there opinion can be sought when deciding whether to 'push' the matter and decide if going to Court is worth the risk.

Sorry more questions than answers maybe but maybe steering you in the right direction?

[unclebobby]

Re: merits assessment

Hi Unclebobby,

Sorry still not clear why you need a barrister's opinion. Are you planning on suing an architect if your case has sufficient prospects of succeeding? Are insurers already involved? If not, what do you mean by taking it to the insurers? Has the insurer requested this? Would a solicitor's view on whether they are willing to take the case or not be sufficient?

Without a bit more info it is difficult to understand what you wish the opinion for but if you have been asked to obtain a barristers opinion (first query by whom?) then of course experience can be a great thing, but I would not necessarily go to the top QC for their opinion it will cost a significant amount of money. A junior or baby barrister, knows the law and what factors have to be fulfilled to be successful in a claim for professional negligence so I would maybe try there first, unless this is a particularly complicated matter.

Are you planning on suing the architect? In which case would it be better to find a solicitor who deals with professional negligence? They would be able to tell you whether you have a claim or not. The barrister would generally only be involved if matters proceed to Court although there opinion can be sought when deciding whether to 'push' the matter and decide if going to Court is worth the risk.

Sorry more questions than answers maybe but maybe steering you in the right direction?

Many thanks for your reply. I will try and answer you questions systematically.

1. I went to my legal insurer and their solicitor firm (and counsel) said there was no prospect for success. But they overlooked some important info.
2. My legal insurer said that if I got another merits assessment done, they would refund my money (up-to a limit).
3. That is why I want to know how important a barrister's qualification is, as I can only claim from my insurer a set amount.

4. I am planning on suing my architect if the merits assessment says I have enough evidence to win.
5. I guess a solicitor could do the assessment, but they tend to work by the hour rather than on a fixed price.
6. Having read about direct access barristers, I feel I am capable of doing the admin side of the work.

[Peridot]

Re: merits assessment

Hi,
Thanks for clarifying. I definitely think direct access route may be helpful for you. I would reiterate you don't need a top bod so to speak, unlikely they would be easily contactable via direct access in any event. A barrister who works in litigation, with a prof. neg. specialism should be ideal, with a few years experience 2+ I'd suggest.
Insurers solicitors and counsel opinion will of course, imo be biased toward insurers in my experience but of course if you were ever at trial you would be up against defendant lawyers too.
It would be an idea to get hold of the barristers opinion the insurer obtained, if you are able. Could be helpful but not essential.
Prepare a timeline before you see the barrister just so you make best use of your time, keeping to the fact whilst trying to keep the emotion out of it if possible although it can be hard.
Good luck and let us know how you get on.

[unclebobby]

Re: merits assessment

Hi,
Thanks for clarifying. I definitely think direct access route may be helpful for you. I would reiterate you don't need a top bod so to speak, unlikely they would be easily contactable via direct access in any event. A barrister who works in litigation, with a prof. neg. specialism should be ideal, with a few years experience 2+ I'd suggest.
Insurers solicitors and counsel opinion will of course, imo be biased toward insurers in my experience but of course if you were ever at trial you would be up against defendant lawyers too.
It would be an idea to get hold of the barristers opinion the insurer obtained, if you are able. Could be helpful but not essential.
Prepare a timeline before you see the barrister just so you make best use of your time, keeping to the fact whilst trying to keep the emotion out of it if possible although it can be hard.
Good luck and let us know how you get on.

Cheers buddy, you have been very helpful.