NO ONE IS ABOVE THE LAW – INCLUDING THOSE IN THE LEGAL PROFE

Posted: 07/06/2018

This real life situation is to demonstrate to those reading this article, that no one is above the law, including us in the legal profession!! I can demonstrate this by a recent case that I was involved in, which goes like this.

 

My client had instructed solicitors in relation to having sustained emotional and physical abuse, from her ex partner. She instructed a firm of solicitors, (whom I will not name), and who took her instructions and advised that an emergency Application be made to the court to protect her from her ex partner.

 

However, at the hearing, the court decided that she did not need the protection of the courts, as she was already protected by the bail conditions set by the police. As a result, the court made a costs Order against my client for wrongfully bringing her Application. That led to my client’s solicitors dropping her like a “hot potato”; saying they were no longer going to act for her, and leaving her to fight the costs Order on her own, at a time when she was at her most vulnerable, and still recovering from the abuse she had suffered at the hands of her ex partner. However, given the wasted costs incurred by the ex partner’s solicitors, they then continued to pursue my client for payment of them. The client then came to me...

 

At a hearing today, which was to decide who was to pay the costs of the ex partner’s solicitors, representations were made on my client’s behalf, that they ought to be paid by my client’ previous solicitors, but not by my client. This was on the basis that they had failed to follow the court rules themselves, and wasted costs for all parties involved, coupled with failing to protect my client’s best interests. The court agreed, and at the same time, (slim chance as there was!) also agreed to make a costs Order against my predecessors that they pay a contribution of my client’s costs, with those of my predecessor.

 

So - all in all, a happy client - another demonstration of why we “punch above our weight”!!
Rajinder Rai
Dispute Resolution Solicitor

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