who decides amount of liability

[jaguar1619]

I'm involved with a case where I have to pay a penalty to the inland revenue for late payment of stamp duty. It is my opinion that the solicitor I instructed to deal with these matters is at fault. However, that is not the issue I want to raise. The solicitor has said in writing that they accept liability for some of the penalty - they have made an offer just short of 25% of the bill, which I have refused. As a layperson my question is that if they have accepted laibility for some of the bill, who do I go to - or who is supposed to decide, exactly how much my solicitor should pay? I assume it should not be my solicitor but should be a neutral party. If so who should that person be?

 

[mf1]

How did you end up with a late penalty at all?

You're asking "who adjudicates" and that would, ultimately, be a Judge. Before you get that far, talk to another solicitor first - it is generally pretty clear how a penalty arose, then ask the Law Society to intervene, and , if all else fails, sue.

Reasons why people pay late penalties:

1. They paid all of the stamp duty on time but their solicitor failed to pay it over to Revenue. Solicitor is 100% at fault.

2. They meant to pay it on time but somehow only managed to pay half of it and solicitor did not push them hard enough etc.,etc. Solicitor is not at fault. If solicitor made the client aware and client ignores problem.........

3. They knew it was due but, sure, isn't it up to the solicitor to make sure they got it beforehand!

mf