Dispute Resolution Law Blog

2 July 2020

Solicitors’ Delay in preparing a Will – When is it Negligent?

Delay is a common complaint in professional negligence claims against solicitors in the context of wills and probate. For example, If a client is in poor health or advanced old age and wants to create or update their will, they might instruct a solicitor to assist with this. If the client dies before the new will can be prepared and/or executed, the beneficiaries who would have inherited, had the will been put in place before the client’s death, may look to bring a professional negligence claim against the solicitor if there has been undue delay by the solicitor in preparing the will.

Kate Salter

26 June 2020

Testamentary Capacity and Undue Influence – When does a Professional Negligence Claim arise?

Solicitors in any field of practice are under a duty to exercise reasonable care and skill when acting for clients. In wills and probate practice, that duty also extends to the beneficiaries of a testator. If the solicitor has acted in breach of that duty, which causes loss to the client or their beneficiaries, this could form the basis for a professional negligence claim against the solicitor.

Kate Salter

18 June 2020

Discounted CFAs – how do they work and are they too good to be true?

When both client and solicitor have equal skin in the game it can create a harmony that other funding methods cannot reproduce.

17 June 2020

Could litigation funding be available for my claim?

We understand that litigation can be expensive and clients are sometimes anxious by how much it may cost to resolve their dispute.  This is why we offer our clients a number of different funding options to suit their needs.

16 June 2020

Are DBAs viable for funding commercial litigation?

A Damages-based Agreement (DBA), as stated in the Explanatory Memorandum to the Damages- Based Agreements Regulations 2013, is a “private funding agreement between a representative and a client whereby the representative’s agreed fee (‘the payment’) is contingent upon the success of the case, and is determined as a percentage of the compensation received by the client.”

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