Hi,
I attended a firm of Solicitors about 17 years ago concerning a legal matter. It involved a close relative who died. The firm agreed to take the case on a no win, no fee basis. It was a Tribunal case. There was no other side as in a defendant.
I was subsequently advised that there would be difficulty in proving causation. Over the years, apart from initially applying to the Tribunal, and subsequently seeking and being granted deferrals nothing has happened. It has been gathering dust. I did have about two meetings with a Senior Counsel , who agreed to take the case on a no win no fee basis.
I don't recall being issued with a s.68 letter under the Solicitors Acts. I probably wasnt. I don't recall ever receiving or signing an engagement letter. Probably is none. I think it was verbal. I did write to the different solicitors in the same office who took over the file down through the years thanking them for taking it on a no win no fee. They did not dispute this statement.
No outlay as in witnesses expenses have incurred yet. No defendants incurred any costs. The solicitors wrote to me about four times a year informing me of a deferral. But if it does go to Tribunal hearing I will have to pay witnesses expenses which I was prepared to do. The thing is winning is an uphill battle. I'm now having second thoughts on proceeding. It's a very personal issue and it's dragged on so long.
Question is if I walk away now will I have to pay this Solicitors professional fee. Maybe they want out too and that's why they long fingered it.
It's now reached a head. They want instructions how to proceed as they want an expert witness to prepare a report to see if causation can be proved (probably costing a thousand). No witnesses were retained before this.
Should I ring and say I'm having second thoughts about the report as I can't afford it and about proceeding to Tribunal. See what they say. Somebody said not to declare my hand outright by saying I don't want to go ahead.
I'm just very worried about a big bill from the Solicitor if I pull out.
Advice/ opinions greatly appreciated. I never actually met the latest Soljcitor dealing with it but spoke once on phone and seemed a nice chap.
When I ring him what should I say to him to "send out feelers" of what would happen if I didn't hire the expert witness and have second thoughts about proceeding. I'm just hoping they too want out.
I attended a firm of Solicitors about 17 years ago concerning a legal matter. It involved a close relative who died. The firm agreed to take the case on a no win, no fee basis. It was a Tribunal case. There was no other side as in a defendant.
I was subsequently advised that there would be difficulty in proving causation. Over the years, apart from initially applying to the Tribunal, and subsequently seeking and being granted deferrals nothing has happened. It has been gathering dust. I did have about two meetings with a Senior Counsel , who agreed to take the case on a no win no fee basis.
I don't recall being issued with a s.68 letter under the Solicitors Acts. I probably wasnt. I don't recall ever receiving or signing an engagement letter. Probably is none. I think it was verbal. I did write to the different solicitors in the same office who took over the file down through the years thanking them for taking it on a no win no fee. They did not dispute this statement.
No outlay as in witnesses expenses have incurred yet. No defendants incurred any costs. The solicitors wrote to me about four times a year informing me of a deferral. But if it does go to Tribunal hearing I will have to pay witnesses expenses which I was prepared to do. The thing is winning is an uphill battle. I'm now having second thoughts on proceeding. It's a very personal issue and it's dragged on so long.
Question is if I walk away now will I have to pay this Solicitors professional fee. Maybe they want out too and that's why they long fingered it.
It's now reached a head. They want instructions how to proceed as they want an expert witness to prepare a report to see if causation can be proved (probably costing a thousand). No witnesses were retained before this.
Should I ring and say I'm having second thoughts about the report as I can't afford it and about proceeding to Tribunal. See what they say. Somebody said not to declare my hand outright by saying I don't want to go ahead.
I'm just very worried about a big bill from the Solicitor if I pull out.
Advice/ opinions greatly appreciated. I never actually met the latest Soljcitor dealing with it but spoke once on phone and seemed a nice chap.
When I ring him what should I say to him to "send out feelers" of what would happen if I didn't hire the expert witness and have second thoughts about proceeding. I'm just hoping they too want out.
Last edited: