Can I sue a so­lic­i­tor?

Motorcycle News (UK) - - Garage -

Just over four years ago I came off my bike on a large spill of cook­ing oil. The tin and lid were found a few yards away. The po­lice said it looked like used oil from a take­away, but couldn’t find the firm re­spon­si­ble. My in­surer-des­ig­nated so­lic­i­tor never found out which com­pany was to blame, so they dropped the case.

I’ve now dis­cov­ered I may have been able to get com­pen­sa­tion from the Mo­tor In­sur­ers’ Bureau. But my so­lic­i­tor’s said it wouldn’t suc­ceed – and I’m out of time. In your view, could I be com­pen­sated for bad le­gal ad­vice? JJ, High­bury In the ab­sence of CCTV A or wit­nesses, trac­ing the busi­ness re­spon­si­ble would be vir­tu­ally im­pos­si­ble. How­ever, this is un­doubt­edly an ac­ci­dent aris­ing out of the neg­li­gent use of a mo­tor ve­hi­cle, so even if you can’t lo­cate those re­spon­si­ble, you should still have been ad­vised to sub­mit a claim to the MIB. This is be­cause an un­traced road user was to blame in not prop­erly se­cur­ing their load, caus­ing it to be de­posited on the high­way and cre­ate a fore­see­able risk of in­jury to other road users.

I be­lieve (as­sum­ing you have a sup­port­ive po­lice re­port about the cook­ing oil) your so­lic­i­tor was wrong to say the MIB wouldn’t have paid up. How­ever, you have only three years to claim, as­sum­ing you were an adult at the time. You need to look at su­ing the so­lic­i­tor’s firm for the lost chance of a suc­cess­ful MIB claim had it been made in time. This will suc­ceed if you had more than a “fan­ci­ful prospect of suc­cess” in the orig­i­nal claim against the MIB, had it been made.

‘Your so­lic­i­tor was wrong to say the MIB wouldn’t have paid up’

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.