For the purpose of this Case Report, names have been changed.
Mr Nice instructed Janine Griffiths of Martyn Prowel Solicitors in connection with his claim for damages against Foul Up & Co Solicitors for the losses incurred by him as a result of their negligence.
Background
Mr Nice employed Botch It Builders to build an extension to his property. Relations between Mr Nice and Botch It Builders deteriorated over time with attendance at the site becoming less and less frequent and the agreed completion date for the works passed by with the site being entirely incomplete. Mr Nice’s Architect and the Local Authority Building Inspector had also inspected the site and found that the two main supporting timbers were not installed and the roof was not, in fact, properly supported. Other issues included, amongst other things, no foundations to the external walls, a central heating pipe having been concreted into the walls, an incorrectly pitched staircase and suspended ceilings constructed in breach of the Building Regulations.
Mr Nice therefore consulted a firm of Solicitors and thereafter provided the Botch It Builders with a Notice to Complete. Unfortunately, upon receipt of that Notice, Botch It Builders removed tools from the site and did not return. Mr Nice then had to employ an alternative builder to complete the work and rectify the mistakes, which Mr Nice had, of course, to pay for despite having already paid Botch It Builders.
Mr Nice therefore instructed Foul Up & Co Solicitors to commence proceedings against Botch It Builders for damages arising from the said works and the costs of the remedial works. The matter proceeded to Court and Botch It Builders instructed their own Solicitors in defence of the claim.
Solicitors’ Negligence
A Hearing was listed to take place at the Cardiff County Court. Unfortunately, Foul Up & Co Solicitors failed to attend that Hearing and were not therefore able to make representations on behalf of Mr Nice. The Judge therefore made an Order that Foul Up & Co Solicitors were to serve a Schedule in relation to Mr Nice’s claim by a set deadline date. The Order was made as an “Unless Order” meaning that the Claim would be struck out by the Court if the Schedule was not served. Unfortunately, Foul Up & Co Solicitors failed to comply with that Order and the Claim was struck out by the Court.
Mr Nice therefore ended up with a Judgment against him in respect of the builder’s Counterclaim as well as an Order for costs against him.
Martyn Prowel Solicitors Step in
Despite Mr Nice’s attempts to contact Foul Up & Co Solicitors to rectify the situation, Mr Nice received no response and thereafter instructed Martyn Prowel Solicitors in respect of the negligence of his former Solicitors and in relation to the Judgment against him.
Martyn Prowel Solicitors were able to establish that Foul Up & Co Solicitors had been negligent in their representation of Mr Nice and their Insurers admitted liability on the basis that they had been in breach of their duty to Mr Nice.
The matter then proceeded further with considerable arguments in relation to the value of the claim including the costs of the repair works undertaken by the second builder, the remedial works needed to be undertaken etc.
Valuing the Claim
Essentially, as the Judgment had been entered against Mr Nice in respect of the building claim, through no fault of his own, he had been unable to pursue his claim against the Botch It Builders for the costs of the remedial works carried out by the second builder. Mr Nice’s claim against Foul Up & Co Solicitors therefore included the potential damages he would have recovered from Botch It Builders had the claim not been struck out.
Settlement Success
Eventually, settlement of the claim against Foul Up & Co was reached in the sum of £43,000 plus payment of the costs of Mr Nice incurred in relation to pursuing the claim against the Foul Up & Co Solicitors.
The whole situation was extremely stressful for Mr Nice and the amount of damages he recovered from his Foul Up & Co Solicitors reflected that fact.
Janine Griffiths of Martyn Prowel Solicitors said “This was a horrible situation for Mr Nice and his family. Firstly, their builder failed to carry out the works which he had been employed to do properly or, even, safely. Mr Nice was then left with a significant further payment to be made to a second builder to rectify those works. When Mr Nice decided to pursue a claim for damages against the first builder, I am quite sure that he considered that there was a light at the end of the tunnel. Unfortunately, not only did Mr Nice’s first builder let him down, but so did his first Solicitor. Their failure to even attend a Court Hearing is shocking and had a devestating impact upon Mr Nice’s claim for damages. Further, upon receipt of the Order from the Court they should have made absolutely sure that the Order was complied with by the deadline date. Their failure to do so caused no end of distress and upset to Mr Nice and his family. Whilst I am delighted that we were able to achieve such a significant settlement for Mr Nice, it is very upsetting to see that a claim of this nature took so long to reach a final resolution as a result of another firm failing to act appropriately in relation to the claim in the first place.”
Janine Griffiths is a member of the Professional Negligence Lawyers Association and has represented clients in connection with various claims against former Solicitors. She can be contacted on 02920 475131 or by email at [email protected].