During our working week, our team receives calls from clients who are not happy with their firm. As a specialist personal injury solicitor, I am able to discuss your particular case and the process involved when transferring a personal injury case to another one, such as Osbornes Law.
Blog post written by Rob Aylott , solicitor in the Personal Injury team. View profile. Mr S was walking across the yard at work when he was run over by a forklift truck from behind C—v-N Child pedestrian crossing road knocked over by car when running into road sustaining a traumatic brain injury and As a result of the accident, Mr C, an Italian man working in a 5 star London hotel was riding a moped home from work at night Mr H was a hard-working security operative. Both our interventions team and the Judicial Factor liaise with clients and, where necessary, put them in touch with other solicitors.
On occasions, it is found that a firm's accounting records have not been kept properly. Rarely, it may be suspected that client money is missing. To protect clients, the Society asks the Court of Session to appoint a Judicial Factor to examine the firm's records. The Judicial Factor will reassure clients that business is ongoing and, where necessary, try to put them in touch with other solicitors. Due to concerns raised by the Law Society of Scotland about irregularities with the accounting procedures of this firm, the Court of Session has taken steps to protect the interests of the clients and creditors by appointing a Judicial Factor.
The initial appointment of the Factor is for a minimum of 21 days, giving the court the opportunity to consider the matter in more detail. The Factor takes immediate control of the firm while allowing for further investigations to take place.
Throughout this initial process, the solicitor has the opportunity to challenge the appointment of the Factor. If, after 21 days, the court is satisfied that the appointment is necessary, it will appoint the Factor on a permanent basis. If the firm is holding money for you, you should contact the Factor.
You will be sent a claim form which asks how much you believe you are owed. Your help is sometimes needed to deal with the claim. You may be asked for the receipt you were given by the firm or confirmation from your bank when a payment was made and for how much. The Factor will confirm with you how much you owe and this sum will be deducted from your claim. If the records are poor or incomplete, it can take several months to determine whether the firm has enough money in the client account to pay your claim in full.
Money may have been misused by the solicitor. The fund is designed to compensate clients who have suffered loss as a result of the dishonesty of their solicitor. With any administration the administrator will seek to recover unpaid bills. Stephensons offer this type of funding on some cases and we can assess you case to see if we can progress on this basis for you.
No once we receive the file we will review it and continue according to the optimal approach for you. Stephensons has handled hundreds of cases where a firm is no longer trading and we have experience of making this as stress free as possible.
If you would like to speak to a member of our team about transferring your case to Stephensons call us on or complete our online enquiry form and we will contact you directly to discuss your situation. Unfortunately, both firms subsequently went into liquidation.
At the time Mr Corish instructed Stephensons his claim was weeks away from a final Trial against three Defendants. The claim was fully contested and the Defendants had rejected all monetary offers of settlement. Numerous conversations were held with the client, his barrister and also the Defendants and an urgent application was made to vacate a Pre-Trial hearing.
Funding was also secured, in principle, for Trial. Informal settlement discussions then took place with the relevant parties before and after the application was heard by a circuit judge. Although the Trial was not vacated, a short extension was approved by the Court in relation to other outstanding matters, and this allowed sufficient time for a satisfactory settlement to be reached in the following week.
Whether you are a current or former client of the impacted firm, you need to consider finding another firm of solicitors close to you that can act on your behalf. This is not a decision to take lightly, so make sure you find a firm and legal representative that has your best interests at heart and that you can build a strong relationship with moving forward.
While the intervention agent will be able to act for you as an immediate solution, it is unlikely that this is a long-term solution. When you have decided on your new law firm, contact the intervention agent to advise them of your decision and where they are to send the relevant documents. For example if you were due to complete the sale or purchase of a property within a day or two, the agent will be able to help you.
If you would like to chat through your options, please give us a call on or drop us a line to info tbilaw. Clicking the Accept All button means you are accepting analytics and third-party cookies check the full list. We use cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click Settings.
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