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Suing A Solicitor For Negligence

Suing a solicitor for negligence in the UK – what you need to know

Like many professionals, solicitors owe you a duty of care. If they fail in that duty, it is possible to sue them for the losses they have caused you. But how does suing a solicitor for negligence work in the UK?

Is there a timeframe? What are your odds of success? How do you prove that the fault was theirs? How do you even start?

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is what you need to understand about professional negligence claims and how to begin yours:

On What Grounds Can You Sue A Solicitor?

Poor-quality service isn’t serious enough grounds on which to sue your solicitor for professional negligence. Frustrating as it might be, just because they failed to keep in touch with you or didn’t mention a certain fee when you instructed them doesn’t mean they are negligent.

To consider suing a solicitor for actual negligence, you need to be able to prove that you suffered a loss because of their actions or lack of action. This latter was confirmed in a 2015 court case – in negligence cases, failing to act is often perceived as just as bad as acting poorly.

Some of the most common examples of professional negligence on the part of solicitors include things like:

Offering you bad or incorrect legal advice
Drafting a legal document (such as a will or contract) improperly
Failing to secure the correct damages for you from a successful case
Not acting within legal deadlines so you lose your chance to claim or act
Not carrying out sufficient property searches during a house purchase

How Do You Prove A Solicitor Is Negligent?

Professional negligence cases of all kinds need to hit three separate legal targets in order to be successful:

Duty of care – this must be owed by the professional in question. Solicitors do owe this.
Breach of duty – your solicitor must have breached this duty of care.
Caused a loss – the way they breached their duty of care must have caused you some kind of loss.

How Much Can I Sue My Solicitor For?

The amount you can try to claim from a solicitor that may have been professionally negligent will usually be tied to the losses their breach of duty of care has caused.

For instance, if they badly drafted a will that meant you lost thousands of pounds of inheritance, you might sue them for those thousands of pounds plus any other associated costs.

Or perhaps you bought a house and later found out that your solicitor failed to complete a search on the property that has led you to need to pay for building work to repair the problem. Maybe you also ended up paying a higher asking price than you would have done if you’d known.

In short, there isn’t really a fixed amount or limit on how much you can sue your solicitor for. However, any amount you get is likely to be tied to the amount of damage they caused.

How Long Do You Have To Sue A Solicitor For Negligence?

All professional negligence claims are time-limited to whichever is the later of:

Six years after the date the act of negligence allegedly took place
Three years after the date you found out about the negligence (with a possible “long stop” of 15 years after the date of the negligence)

How To Sue A Solicitor For Professional Negligence

The process for suing a solicitor for professional negligence normally works something like this:

Get expert legal advice – this will help you know whether this complaint might or might not be worth pursuing and where you might start.
Request a quote on solicitor’s fees – be clear about the way your new solicitor is charging you for their work. Some professional negligence solicitors work on a “no win no fee” basis.
Others charge differently.
Legal letter of claim – once you have instructed a solicitor, their early steps will likely be to collect evidence and then notify the negligent solicitor of your intentions and the strength of the case against them.
Aim to settle out of court – going to court is the most expensive part of any legal process. Most solicitors will want to avoid it. A strong legal case can mean that your previous negligent solicitor will settle out of court.
Go to court if necessary – if your possibly negligent previous solicitor believes they have a strong defence, they may resist your claim meaning you have to go to court.

Suing A Solicitor For Negligence In The UK – How To Get Started

The first thing to do is to find a professional negligence solicitor to represent you. This doesn’t have to be difficult, but it’s important to work with experts you trust.

Solicitors Near Me can find you the best choices for your specific needs for FREE and with no obligation to use them.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is Maiden Name?

“Maiden name” is a phrase that appears on large numbers of legal documents. But what is a maiden name?

Here is everything you need to know about the term and where it might appear:

What Is A Maiden Name?

A maiden name is the pre-marriage surname of a woman who chose to take her husband’s surname after they got married. In other words, it is a woman’s family name before she got married and took her husband’s.

In the UK, a woman’s maiden name is likely to be the one that’s written on her birth certificate.

To be connected to a specialist family law solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Is A Maiden Name A Last Name?

Yes, a maiden name is a last name. But it is used specifically only for women who have since taken a married name.

Your Maiden Name – Meaning

It is traditional following marriage in many faiths practised in the UK as well as in secular ceremonies that the woman takes the man’s surname.

This remains the norm. But in modern times, it is by no means a guarantee. It is increasingly common:

For both spouses to keep their original surnames
To create a new “double-barrelled” surname by combining both spouses’ surnames

After divorce, both former spouses can choose to keep their married name or revert to the name they used before they got married. In this case, this may mean the woman retakes her maiden name.

Do Men Have Maiden Names?

There is no equivalent of a maiden name for men. Traditionally, a man did not take a woman’s name following marriage so there was no need for the concept of a man’s maiden name to arise.
What is the mother’s maiden name?

Your mother’s maiden name would be the surname that was listed on her birth certificate – her surname before she was married (possibly to your father).

This was also a common security question asked by many banks and similar institutions. The idea was that this information was difficult to locate. Today, however, the internet has degraded its usefulness. A quick search query can usually discover what anyone’s mother’s maiden name is.

Can I Use My Mother’s Maiden Name In The UK?

Under UK law, there aren’t really any restrictions on changing your surname. Thus, if you want to start using your mother’s maiden name, there is nothing stopping you. The only stipulation the law makes is that you should notify the authorities of your decision to do so.

You can change your surname by Deed Poll or by using a Statutory Declaration (this is a kind of legal statement that you sign in the presence of a solicitor, notary public, or commissioner for oaths). A Deed Poll involves you renouncing your former name and adopting a new one.

If you ever need to prove to someone that you have changed your name, copies of that Deed are the easiest and most effective way to do so. This is because it means your new name is enrolled at the Royal Courts of Justice.

That said, there is no requirement that you use either Deed Poll or Statutory Declaration to change your name. As far as the authorities are concerned, you may simply need to prove that you have been using your mother’s maiden name for a long period of time.

Maiden Names And Marriage Certificates

A woman’s maiden name will not always feature on a marriage certificate in England and Wales. If a woman was previously married, she may list her previous married name if she took her previous husband’s. If a bride’s father is known and listed, his surname is likely to be his daughter’s maiden name.

In Scotland, a woman will normally list her maiden name on her marriage certificate even if it is not the one she currently uses (because she was previously married, for example). The mothers of both spouses will also list their surnames. Finally, a woman may also continue to feature in official records in Scotland under her maiden name.

Maiden Names And Birth Certificates

Birth certificates in the UK will include the mother’s maiden name by default. However, there is no requirement under UK law for parents to give their child any particular forename or surname. This means a child’s name on their birth certificate will be:

Traditionally, and still most commonly, their father’s surname
Sometimes, their mother’s surname (this might be their maiden name)
A double-barrelled combination of both of their parents’ surname
In comparatively rare cases, a wholly new or different name

A child’s surname also can be changed by both parents acting together at any time (that is to say, until the child becomes an adult at 18 years of age). Following divorce, a child’s name can sometimes be changed by the residential parent (the parent that the child lives with most of the time).

Maiden Names In Legal Documents

If you need to know more about when and how to use maiden names and their meaning in any legal context, the simplest route is to talk it over with your usual family law solicitor.

Don’t have a go-to family law solicitor? Need to find one?

Solicitors Near Me can pair you with a friendly and approachable solicitor for FREE and with no obligation to use their services.

Reach out to us today to let us know the kind of legal advice or support you’re in need of.

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To be connected to a specialist family law solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Contest Of A Will?

Most wills are fairly straightforward to handle. Most don’t come as a surprise. So what is a contest of a will?

In short, a contest happens when a will is very different to what you – or someone else – might have reasonably expected it to be.

To be connected to a specialist Wills solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything you need to know about what happens if you or someone else is considering contesting a will:

What Is A Contest Of A Will?

A contest of will is the process through which the validity of a will left by someone who has passed away can be challenged.

Contesting a will is not something that should be done on a whim. It can be an expensive and time-consuming process. You also need to have a very good reason for doing so as far as the law is concerned – and be one of a select group of people in relation to the deceased.

Who Can Contest A Will?

Only certain people can contest a will. These tend to be limited to one of the following groups:

Related to the deceased – some type of close relation (the most common example being the deceased’s partner, former partner, or child) and/ or a financial dependent.
Mentioned in a previous will – someone listed as a beneficiary in a previous version of the will.
A residuary beneficiary of the will – someone who might receive property or assets from a will that isn’t specifically left to someone else.

What Are The Grounds For Contesting A Will?

It is also important to be aware that you cannot engage in the contesting of a will without a valid reason to do so. These reasons tend to be limited to:

1) Lack Of Testamentary Capacity

The first and most common reason to contest a will is the belief that the person who left the will did not have the testamentary capacity to create it. This is broadly defined in law as the ability to understand what a will is and the effect the will would have.

This covers a wide range of issues, including but not limited to situations where the person making the will might have:

Not understood how much property or assets they owned
Had a mental disorder that made it difficult for them to understand what was happening
Been very frail or physically impaired to the point they could not understand
Had a low level of literacy
Been hard of hearing, visually impaired, or found it difficult to communicate

2) Undue Influence Or Coercion

Other grounds for contesting a will include situations where it is believed that someone else exerted undue influence on the person leaving the will or coerced them into writing it.

While this is a perfectly legitimate concern, it can be very difficult to prove to a court’s satisfaction. You will need to somehow convince the court that coercion or influence is the only reasonable explanation for the will being as it is.

Making allegations like this is potentially dangerous too. It is much like accusing someone of fraud. If your effort fails, it can come back to bite you.

3) Forgery

It is a rare thing to actually happen, but suspicion that a will is a forgery is grounds for contesting a will.

Proving that the will is or is not genuine will require a handwriting expert with samples of the deceased’s handwriting and/ or a deeper investigation.

4) Rectification

Rectification covers technical errors or failures of understanding on the part of the person – usually the will solicitor – who actually wrote the will.

This will require a careful professional review of the solicitor’s files and a statement that details the solicitor’s original understanding of the wishes of the person who died. If successful, the court will rectify the will to reflect the deceased’s actual wishes.

In these cases, it is not impossible that the solicitor did understand what the deceased intended but did not apply the law correctly. This won’t result in rectification. However, you may be able to claim against the solicitor for professional negligence.

5) Reasonable Provision

This covers cases where someone believes that the person who left the will has failed to make reasonable provision for someone they were legally obliged to support.

The most common examples are the deceased’s spouse or a child they were financially supporting.

What Happens If Someone Contests A Will?

There are different processes for contesting a will in different parts of the UK. Scotland, in particular, has its own system.

Do be aware that there is no guarantee that the decision the court makes if the will does prove invalid will benefit the specific individual contesting the will. The usual result is that the court simply reverts to the most valid recent will.

If there is no previous will, it could be the Rules of Intestacy (a sort of default will) that are followed. The Crown could even benefit from the will if there are no living relatives.

How To Contest A Will

If you are worried that the will of someone close to you who has passed away does not reflect their wishes, the first step is to speak with an expert right away.

You will need to enter what’s called a “caveat” with the Probate Registry. They may take up to six months to reach a decision as to whether you have valid grounds to contest a will, so it’s best to apply fully informed.

The situation needs to be investigated before too much of the estate has been administered. The longer you wait, the more time that – for example – the memories of potential witnesses to any nefarious activities will have to fade.

Get the expert legal advice you need today. Solicitors Near Me can find you a friendly and approachable will or probate solicitor to chat with for FREE and with no obligation.

Find A Wills Solicitor Near Me Now

To be connected to a specialist Wills solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Charged With Drink Driving But Not In Car, What Do I Do?

Charged with drink driving but not in car, what do I do?

It’s not as uncommon as you might think to be charged with drink driving but not in the car when the alleged event happened. But what do you do if this is something that has happened to you?

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything you need to know about what the law says in these matters and the steps you could and should be taking to handle the situation:

What Is Drink Driving?

In the UK, drinking driving is sometimes technically referred to as “being in charge of a motor vehicle while unfit to drive”.

There is a legal limit for how much alcohol you can have in your body and still be allowed to operate a motor vehicle:

England, Wales, and Northern Ireland – 35 micrograms (mcg) of alcohol in 100 ml of breath.
Scotland – 22 micrograms (mcg) of alcohol in 100 ml of breath.

Can You Be Charged With Drink Driving And Not Be In The Car?

Yes. That phrase “in charge of a motor vehicle” has particular importance when it comes to circumstances where you have been charged with drink driving but weren’t actually in the car.

It means that if the police and Crown Prosecution Service can prove that you were intending to drive the vehicle, you can be charged with drink driving even if you weren’t in the vehicle.

This makes it risky to have any kind of interaction with your vehicle if you are over the drink drive limit, as we’ll see below.

How Is “In Charge” Defined In UK Motoring Law?

There isn’t a set list of what counts as being “in charge of a vehicle” in UK law. In fact, the courts have historically been strangely keen to ensure there isn’t a clear definition that can be treated as a “yes or no” test.

This means the way “in charge” is defined touches on a number of factors, including:

1) Your Proximity To The Vehicle

Were you in the vehicle? If you were inside the vehicle, but not in the driving seat, you can still easily be said to be “in charge” of the vehicle.

If you weren’t inside the vehicle, how close to it were you? The further away you were – or the more difficult access would have been to achieve – the more likely it is that you can show you weren’t actually intending to use the vehicle.

2) Your Access To The Keys

Having access to your keys is probably a bad sign as far as being “in charge” of a vehicle goes. If you have access to the keys and the vehicle, there is a much higher likelihood that you will be perceived by the court as intending to use it.

3) Your Intention To Take Control Of The Vehicle (Or Otherwise)

Proving that you had no intent to take control of the vehicle can be challenging, but it is possible. However, if you had been in charge of the vehicle – for example, you’d recently been driving it – it is usually taken that you remain “in charge” unless you can clearly demonstrate that you:

Gave your keys away or otherwise put the vehicle in someone else’s charge
Put the car somewhere it was very difficult to access (perhaps a car park that you needed ID to enter or elsewhere entirely)
Somehow ensured there was no possibility of you resuming control while you were unfit to drive

What Do You Do If Charged For Drink Driving But Weren’t In The Car?

1) Get Legal Advice Immediately

Being found guilty of being in charge of a vehicle can carry a heavy penalty depending on the circumstances surrounding your case. You could face:

10 points on your license or a driving ban
A fine of up to £2500
Community service
A prison sentence of up to 3 months in the worst cases

This makes it vital to seek out a specialist drink driving lawyer as soon as possible. Only an expert in the field will be able to examine your case and the evidence against you in order to see if you have a possible defence.

2) Explore Possible Defences

According to the law, as the defendant, you need to prove that “it was more likely than not that [you] had no intention of driving”. In return, it is the prosecution’s job to prove that you were likely to intend to drive.

A specialist in motoring law will be in the best position to explore if you can assemble a case that demonstrates the former. If no defence is obvious, a further investigation and review of the evidence may open up further possibilities.

In any case, your first step in any drink driving-related case should always be to at least talk it over with an expert in this particular field of law.

Looking for just such an expert? We can help you find one – for FREE.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Specialising In Drink Driving

Solicitors specialising in drink driving – why would I need one?

The consequences of a drink driving charge can have a huge effect on your life. You can be fined or banned from driving – even sent to prison in the worst cases. The safest way forward is to find solicitors specialising in drink driving offences.

But is it even worth hiring a solicitor for a drink driving charge? Why would you need a specialist?

Because fines and imprisonment sound scary. But hiring a lawyer can be expensive. Here is why you should at least talk your case over with a specialist drink driving solicitor if you’re facing this kind of charge:

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Do I Need Specialist Drink Driving Solicitors?

You can find a general lawyer or request a duty solicitor to defend and advise you in your drink driving case. Make no mistake, these people work hard.

However, they often aren’t overly experienced with the relevant laws. They won’t be familiar with the many ways it is possible to defend their clients from a drink driving charge. Many will simply advise you to plead guilty and then try to mitigate the charge in some way.

On the other hand, a specialist drink driving solicitor will be able to help you:

1) At The Police Station

Ideally, you will want legal advice as to what you should and should not say to the police right from the very start. You will want to arrange for this before you make a statement or answer any questions.

You don’t have to have a solicitor present. You can also ask to see the duty solicitor at the police station.

Yet if you aren’t familiar with how the police and courts work, having someone from outside the station who specialises in this kind of case is the safest way to know your interests are being looked after.

2) Examining And Guiding You In Your Case

An expert in traffic law and drink driving cases will be in the best position to:

Advise you if you have a defence you can put forward
Explain how you should plead (guilty or not guilty) to get the best possible outcome
Guide you throughout the process and advise you on what to expect at each point (how much of an advantage this is is often underrated)

3) In Court

Some people are experienced and content with public speaking. Others may be familiar with the courts and legal processes.

If you’re not both of these things though, it is usually a mistake to proceed to court in a drink driving case without expert legal advice at hand.

The whole process of going to court can be complex and confusing if you haven’t done it before. There are expected ways to behave and speak. Plus, you only get one chance to get it right.
If you say the wrong thing, you can’t ask for another attempt.

What Are The Benefits Of Specialists?

1) Put Forward Your Best Possible Defence

A specialist solicitor is used to putting forward the best defence in a wide variety of circumstances where someone has been charged with drink driving. They understand the approaches that are most likely to succeed
.
A duty solicitor may simply advise you to plead guilty. An expert will have a wider view, able to identify evidence or procedural issues that may mean you have a better defence available than simply throwing yourself on the mercy of the court.

2) Explore Special Reasons And Reasonable Excuses

There are certain special circumstances where you might be able to avoid being banned from driving even if you were found to be over the limit.

Exploring these options isn’t something you can really do successfully on your own. There are set processes to follow and not everything that someone might personally consider a “reasonable excuse” counts as one as far as the courts are concerned.

A specialist can advise you on this based on their extensive experience of what has been accepted by the courts in their previous cases. They can also put forward mitigation strategies as a professional advocate on your behalf (this works much better than you telling a “sob story”).

3) Challenge Evidence And Procedure

In a drink driving case, the burden of proof is on the CPS (the Crown Prosecution Service) to prove you were over the limit at the time you were in charge of the vehicle.

This leaves specialist drink driving solicitors with many ways to question the validity of test results, question the processes the police followed, and address other aspects of the evidence against you and how it was obtained.

This can result in cases never reaching court in the first place. Again, it’s something only a specialist will have the expertise to try.

Get Advice And Support Throughout The Process

How should you plead? How strong is the evidence against you? What should you say to the police? Do you even have a defence? What’s the best way to communicate with the court?

For all these reasons and more, it’s a smart idea to at least talk with solicitors specialising in drink driving charges if you find yourself up against one. At least then, you will have some idea of what you’re facing.

Looking For A Friendly And Helpful Drink Driving Solicitor?

Let us help you. Solicitors Near Me will match you with just the right kind of legal expert for FREE and with no commitment.

Find A Drink Driving Solicitor Now

To be connected to a specialist drink driving solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

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