Many of you know of Irwin Mitchell’s abilities in professional negligence in England & Wales but did you know that our professional negligence team in Scotland also has enormous experience?
We know the ability to do the job is "a given". Where we can make a difference to you is by giving you clear commercial recommendations.
For example, we recently used this approach to pursue a former firm of solicitors in respect of 22 properties. Following extensive face to face negotiations with the insurers and their solicitors we were able to reach an out of court agreement. The agreed settlement was very favourable at £1.1 million plus costs!
Another successful outcome was achieved in a claim where we considered the original solicitor to be in breach of their delictual and contractual standard of care. The report on title was unqualified. The solicitor did not indicate that they had no control over the balance of the purchase price and that it had been "paid direct". Moreover they did not disclose the sub sale as they ought to have done in terms of their Council of Mortgage Lenders Handbook. It is clear in Scotland that a solicitor is liable in damages for breach of contractual instructions irrespective of whether the practice employed by the solicitor conforms to the usual and normal practice (this principle was laid down in another of our cases: The Mortgage Corporation v Mitchells Roberton 1997 SLT 1305). Again a significant out of court settlement was agreed at £35,000 plus costs.
We look forward to hearing from you!
Myra Scott, Partner
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