Professional Negligence – The cost risk of rejecting the Defendants offer to settle
We were instructed by our Client to take over her case and initially consider an offer made by the Defendants which was limited in terms of the period of time to accept, and carried cost consequences.
Our initial review was that the offer should have been accepted within the initial 21 days stipulated, and it was clear that to now accept the offer out of time would result in our client facing a cost penalty.
Subsequently separate issues also arose during the case which included a failure to properly advise the client on the basis of the retainer (agreement) that she entered into in her case, and secondly the failure to adequately insure the client against the potential cost liability.
This is a case where liability for the accident was admitted early on, and the solicitors had either ignored or decided to omit to ensure that our client would have clear instructions as to the basis of her retainer, and also cost protection in the form of an insurance policy.
We were successful in recovering damages in respect of her cost liability and also the failure to properly advise on the issue of the retainer.