Part 36 offers**W

[JonCris]

Elizabeth a Solicitor acting in PI matter cannot take part of the damages (contingency is not allowed ......yet) They rely on the defense to pay their costs not the claimant.

 

Also whilst the comments about part 36 offers are quite correct judge must award more etc it's not impossible for a Judge to disregard a lower offer if he thinks a LiP has not had the implication of refusing the offer explained fully by the offeree.

 

In addition a court may consider that as the LiP has no legal representation to advise or referances to search as to the scale of offer they may in the interests of justice disregard a higher part 36 when it comes to awarding adverse costs

 

Although having said all that I wouldn't want to be the one to chance it

[JonCris]

Forgot to mention there's nothing to stop you making a pt 36 offer of your own

[JonCris]

If a Pt36 offer is not a genuine attempt to settle but merely a tactic then you can ask the court to consider disregarding it when reaching a judgment. You would have to explain your reasons ei the behaviour of the other side

[JonCris]

They have to give you 21 days to consider any such offer

[JonCris]

1st ALL infant offers should be approved by a court whether issued or not.

 

2nd what solicitor costs? Its correct that a solicitor will incur some costs by having to investigate to establish any chance of winning BEFORE entering into a CFA but once entered into the CFA is retrospective in the matter of costs. Also it's normal practice to accept an offer 'subject to costs being assessed if not agreed', so I still not clear what they are claiming

[JonCris]

No stats it's required because of case law

 

ALL costs & disbursements med, barrister, etc are recoverable from the losing party

 

Ask her to identify precisely which costs you have paid

[JonCris]

Have PM'd you Until you send the docs, particularly the agreement, to either of us we can't really advise

[JonCris]

Elizabeth will get back later tommorrow

[JonCris]

Done:)

[JonCris]

Surfaceagent having seen the CFA I concur with your opinion.

 

This CFA is a standard Law Society approved document I also agree it's customary for the winning party to either issue costs only proceedings or more likely negotiate a settlement of costs. If there is a reduction agreed between parties without the consent of the client (which is usual) then any reduction is to the liability of solicitor & not the client.

 

I have to say that on the basis of what I have seen I'm very surprised that a firm such as these should make such a fundamental & serious mistake which may have unwanted consequences

[JonCris]

Do you any documented evidence of your original presumed agreement?

[JonCris]

Andrew having read your post 78 the answer no it cannot. What was agreed was what is agreed. They cannot alter it without invalidating the part 36 offer meaning the court may consider it not to be a genuine attempt to settle

 

I should write back & remind them they have arbitrarily altered the terms of the agreement which you reject a fact which you will bring to the attention of the court should the matter go to disposal.

 

This assumes you have evidence of what was agreed

[JonCris]

Write back I say something like "I refer to your letter & see no purpose in entering into protracted and fruitless correspondence and will only state again that your offer and subsequent confirmation letter does not match the Tomlin Order prepared by you"

[JonCris]

It appears you have made every effort to settle this matter. I now suggest you complain to the following Welcome - The Office of the Legal Services Complaints Commissioner (OLSCC)

 

It won't cost you anything but it will cost the solicitor & lot of time & trouble to explain themselves

[JonCris]

They'll probably refuse to make the payment (I know I would) but you could write & accept their offer 'without prejudice'

 

In the meantime & as you appear to have exhausted all other avenues you should make a formal compliant to the LSC

[JonCris]

Humbbleman offering the bank 75% is very generous.

 

Personally if I were your friend after having such an offer refused I would let the bank do their worst. It'll be them who will be the losers as the court will only take into account the income of your friend

[JonCris]

The answer is yes. As has already been suggested & as you appear to have exhausted all other avenues you should now make an official compliant

[JonCris]

What they have done is very serious as well as being very unprofessional. They should have allowed the cheque to clear as it did THEN if issued by mistake asked your son to refund payment. They should not have stopped the cheque period

 

Now you must report them to the LCS as well as seeking damages for any losses ie bank charges etc

 

PLEASE NOTE The correspondence sent with the cheque is important in that if it warned against cashing the cheque if you didn't agree with the settlement then you may not have a case

[JonCris]

ST in this case the BC is irrelevant. This is a matter whereby a solicitor has stopped a cheque given to a client WITHOUT 1st informing them of their intentions or more properly demanding repayment if they believed it to be paid in error.

 

Stopping a client's cheque is a big no no particularly as in this case it caused the client to go overdrawn something which must have been forseeable

[JonCris]

To get the papers/file ask them in writing. As the legal costs are paid they ARE your property not theirs............ & if for any reason they refuse report them

[JonCris]

Just to confirm the tour operators, who I assume are the original defendants, don't need to supply you with anything

[JonCris]

Urgent Andrew have Pm'd you