Conveyancing Negligence Claim – 35K Settlement
Mr Kane instructed us in his successful conveyancing negligence claim.
He wanted to move out of London to find a house with some land where he could keep horses.
Mr Kane found the perfect house in Hertfordshire.
He thought the house included a large paddock at the back which was suitable for keeping horses.
But, unknown to him, the paddock wasn’t included in the title.
Mr Kane’s conveyancing solicitor failed to check the title deeds properly as the purchase was going through.
As a result Mr Kane only discovered the truth about the property after completing his purchase.
The solicitor had a clear legal duty to conduct the work with a reasonable professional skill.
And failing to spot that the paddock was not included was clear evidence of negligence.
So Mulderrigs agreed to represent Mr Kane and we agreed to act on “no win no fee” terms.
Case like this are governed by the Professional Negligence Protocol
The protocol encourages all parties to adopt a “cards on the table” approach.
Court proceedings should be regarded as a last resort.
So we sent a detailed Letter of Claim to the negligent solicitor setting out details of his mistake.
The solicitor would not admit liability, which was very surprising in view of the obvious error.
So we issued court proceedings for our client.
An expert surveyor prepared a report about the reduction in the value of the property.
The insurers for the negligent solicitor then agreed to negotiate with us as the trial date was approaching.
Mr Kane accepted an offer of £35000 in settlement of his claim.