GMS Law Succeed where other Norwich Firm Failed
Richard Clegg, Director and Head of the Commercial Litigation Department, has recently settled a Professional Negligence Claim for Stephen Leigh, local builder. Mr Leigh initially took forward his Claim through other Solicitors – who would not take the case forward on a No Win No Fee basis. Mr Leigh was therefore in a position whereby he had paid thousands of pounds to his Solicitor and also a thousand pounds to a Barrister, but despite the Solicitor and the Barrister thinking that Mr Leigh had a viable Claim, they would not take the case forward for him – leaving Mr Leigh out of pocket and with a Claim that he should win but was not able to take forward.
Mr Leigh therefore approached GMS Law, to enquire whether or not his Professional Negligence Claim could be taken forward on a No Win No Fee basis.
The essence of the Claim was that Mr Leigh had sold off separate parcels of land over time, leaving himself with his property plus a plot of land large enough for a new build development. The difficulty was that when Mr Leigh’s Conveyancing Solicitors sold off previous parcels of land they had left this remaining plot land-locked – you could not get from the plot to main road without passing over somebody else’s land (which Mr Leigh had previously owned).
On taking over the Claim, Richard Clegg was able to consider Mr Leigh’s previous Solicitor’s file and work out with the client a new approach to the case, continuing the good points already made by Mr Leigh’s previous Solicitors, discarding the unhelpful points.
By taking this new direction with the case, Richard Clegg was able to answer the outstanding points made by the Defendant – who themselves were backed by a large Insurance Company, prepared to spend thousands of pounds defending the Conveyancing Solicitors.
Mr Leigh was delighted with the compensation achieved – being the difference between the value of the plot with planning permission and the value without it. In addition, by settling the Claim Mr Leigh was also able to recover the costs he had spent on his own previous Solicitors and Barrister from the Defendant – that Mr Leigh had written off in his own mind.
This case illustrates the real benefit of No Win No Fee Claims – Mr Leigh could not have afforded to pay his Solicitors £1,000.00 per month for the next 2 or 3 years to take the case to Trial. Without a No Win No Fee Agreement, the Defendant would have been able to literally starve Mr Leigh out of his Claim – but a No Win No Fee Agreement allows any Claimant to take forward a Commercial Litigation or Personal Injury Claim – if a Claim should win, then the No Win No Fee allows it to win.