Good professional negligence firm of solicitors, please?

ripofflondon

Hi all

Wonder if anyone can help with a recommendation for a good professional negligence firm of solicitors. 

Someone I know is in a bit of a bind.  He bought a flat 3 or 4 years ago from 3 partners at a firm of accountants (they had moved offices so turned the old premises into a block of flats and sold them off).  Unknown to him, they transferred the leasehold title from their names into that of the LLP just before completion; his original solicitor neglected to carry out the pre-completion searches so this was not picked up.  Additionally, part of the deal was a parking space for his flat in the communal parking area, but the title to this was not included in the conveyance as it should have been.  Now the accountancy firm is insisting on attaching various covenants to the parking space as a condition for transferring it into his name and, therefore, completing the Land Registry registration of his title to both the flat and its parking space.  These covenants are more onerous than those for the other parking spaces eg a commercial vehicle like a delivery van or electrician can’t park there and were not what he originally agreed to.  Nevertheless, he reluctantly agreed to these and yet the registration of his title has inexplicably still not taken place.  There is a strong suspicion that the accountants, and their solicitors, are deliberately stalling in order to run my acquaintance out of time for bringing a civil claim.  The second firm of solicitors that my acquaintance appointed to resolve this issue on his behalf with the accountants, their solicitors and his own original firm – all local firms in the small part of England where this issue is taking place - are similarly dragging their feet; and they all appear to have an unduly cosy relationship with each other. 

As the registration of his title to both the flat and its parking space has not completed, my acquaintance cannot remortgage or sell the flat.  I don’t quite know what I would do if it were me in his shoes and suspect I would be similarly stuck. 

In order to break this logjam, please could anyone recommend a good firm of solicitors that specialises in fraud / professional negligence claims against legal and accountancy firms?  I suppose I am talking about the legal equivalent of a forensic accountant.  

Thanks in advance.

R

Sandtree

Just to clarify.... you want a professional negligence solicitor to sue your own solicitor and the errors they made in your conveyancing? 

Where do your accountants fit in if you want to sue them? The only accountants you mention are the vendors but as vendors they will not have been providing professional services to you as a client and so no professional negligence. 

JJ_Egan

Better on a legal forum like  legal beagles .

ripofflondon

Sandtree said:

Just to clarify.... you want a professional negligence solicitor to sue your own solicitor and the errors they made in your conveyancing? 
Where do your accountants fit in if you want to sue them? The only accountants you mention are the vendors but as vendors they will not have been providing professional services to you as a client and so no professional negligence. 

Hi Sandtree - thanks.  Yes, to clarify it's the solicitors for the professional negligence.  Point taken re the accountants - they have misrepresented what they were selling my acquaintance, but not professionally negligent in their provision of accountancy services.  

davidmcn

There's also no fraud, from what you've told us. This is simply a negligence claim against the conveyancers.

ripofflondon

davidmcn said:

There's also no fraud, from what you've told us. This is simply a negligence claim against the conveyancers.

What the accountants have done is misrepresentation - they have already admitted same and tried to brush it off as innocent.  My acquaintance as you can imagine views it as fraudulent, but I would think that at the very least it qualifies as negligent.  

ripofflondon

ripofflondon said:

davidmcn said:

There's also no fraud, from what you've told us. This is simply a negligence claim against the conveyancers.

What the accountants have done is misrepresentation - they have already admitted same and tried to brush it off as innocent.  My acquaintance as you can imagine views it as fraudulent, but I would think that at the very least it qualifies as negligent.  

I have just tried to edit my original post, but can't seem to see how.  The penultimate para should have said:
'In order to break this logjam, please could anyone recommend a good firm of solicitors that specialises in claims for professional negligence against legal firms (and claims for misrepresentation against accountancy firms)? I suppose I am talking about the legal equivalent of a forensic accountant.' 

davidmcn

ripofflondon said:

ripofflondon said:

davidmcn said:

There's also no fraud, from what you've told us. This is simply a negligence claim against the conveyancers.

What the accountants have done is misrepresentation - they have already admitted same and tried to brush it off as innocent.  My acquaintance as you can imagine views it as fraudulent, but I would think that at the very least it qualifies as negligent.  

I have just tried to edit my original post, but can't seem to see how.  The penultimate para should have said:
'In order to break this logjam, please could anyone recommend a good firm of solicitors that specialises in claims for professional negligence against legal firms (and claims for misrepresentation against accountancy firms)? I suppose I am talking about the legal equivalent of a forensic accountant.' 

You're overcomplicating things. It's professional negligence by the conveyancers. That's all you need to pursue, and they've got insurance to cover such claims. Forget about the "misrepresentation by accountancy firms" bit of it.

williamgriffin

ripofflondon said:

davidmcn said:

There's also no fraud, from what you've told us. This is simply a negligence claim against the conveyancers.

What the accountants have done is misrepresentation - they have already admitted same and tried to brush it off as innocent.  My acquaintance as you can imagine views it as fraudulent, but I would think that at the very least it qualifies as negligent.  

I see no fraud or misrepresentation after all it was put in writing and given to your friends solicitor to approve. 

Manxman_in_exile

In what sense have the vendor's misrepresented anything?  Surely it's a straightforward case of your friend's solicitor being negligent in the conveyancing.  Your friend just needs to find a firm willing to do the suing - you're unlikely to get any recommendations here.  If they can't find one locally, they may have to go further afield.  (Is it a local town for local people only?)

As an aside - and to satisfy my own ignorance - your friend "bought" this flat three or four years ago, but title still hasn't been registered?  Contracts and everything went through OK - or didn't they?  Is it just the parking space delaying everything? 

Presumably your friend has complained to their solicitor?  Have they not offered to put everything "right"?  Has your friend complained to the SRA?

EDIT:  You/your friend may get more practical advice on how to handle this over on the housing board  https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

ripofflondon

Manxman / all - the misrepresentation referred to was a) the 3 partners representing that they were selling the flat as 3 individuals, but then transferring to the Firm between then and completion, b) that the parking space was part of the deal and c) that the covenants on the parking space would be ABC but they subsequently said 'no, the covenants will now be XYZ'
But OK - if you believe it's more an issue of professional negligence by the conveyancers then fine, I will pass that to him. 
Yes, of course he complained to his original solicitors.  The original person who didn't do the pre-completion searches left the firm a very short time after.  The managing partner first denied any wrongdoing, then admitted it and said would put everything "right"......and has since done sweet nothing.  
Registration of title - correct, this still hasn't happened and the parking space is what they have told him is holding the matter up.  
SRA complaint - good idea, thanks.  
It's a small town in the Southwest and yes, he wants to find someone from further afield who isn't a member of the same Freemasons' Lodge / Rotary Club / Golf Club / alumni of the same uni etc etc!!
So I hope the denizens of this forum can help with a suitable recommendation.
Cheers

PS:  I now see that you CAN edit posts - but must be within a certain time