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Sue divorce solicitor

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  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I feel my case is quite straight forward.  Looking for advice on the procedure.  I have already initiated the complaint which they not surprisingly have not agreed with.  They avoided the actual point of my complaint, choice of jurisdiction.  Not sure what to do next.  I have told them I will be responding in due course.  In the meantime I just need to work out what to do!
    Go here to read the procedure for making a claim:
    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

    The guidance here regarding the pre action protocol is the same regardless of the claim track. It expects the parties to attempt to resolve disputes early, usually by sending a letter of claim before starting court proceedings to give the the other party an opportunity to settle. It also requires the parties to consider whether ADR is appropriate.
  • Thank you @pphillips, but it will be more than £10K, nearer to £100K.  I have already informed the solicitor through their complaints procedure but of course don't agree with their reply.  Looking for advice what to do next.  
  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Thank you @pphillips, but it will be more than £10K, nearer to £100K.  I have already informed the solicitor through their complaints procedure but of course don't agree with their reply.  Looking for advice what to do next.  
    What the link says on pre action conduct is still relevant, even if your case is allocated to the multi-track. As others have pointed out, court fees are expensive for high value claims. It's up to you whether you think it's worth the risk. 

    If you prefer the legal ombudsman route because it's free and therefore less risky, you can use them if 8 weeks has passed since you made the complaint. If you're not happy with their decision,  you can still begin court proceedings but be wary of running down the 6 year time limit (if you think it could go to court).
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