Mistakes happen; and Solicitors are no longer forgiven

The recent Court of Appeal decision in Mitchell -v- News Group in {2013} EWCA CIV1526, including the shifting attitudes of the courts regarding costs following the Jackson Review, reiterate, yet again how solicitors are no longer easily forgiven for mistakes.

Whilst we are all human and make mistakes and whilst there is provision in the Civil Procedure Rules to make an application for Relief from Sanction if mistakes are made, it is now clear that although these provisions remain intact the courts are far less forgiving and taking a very harsh approach when it comes to this Relief option.

It is difficult to explain to a lay client why mistakes occur, especially in the very busy environment of a law firm; however, one has to accept that mistakes are inevitable.

Some mistakes do happen because of the lack of knowledge of the solicitor dealing with the matter and it is usually happens because ‘you do not know what you do not know’. This is the reason for using Lawyers who are experts in their field and not general practitioners.

The court’s shift in attitude, yet again, reiterates the importance of expert legal advice and the importance of clients ensuring that they engage solicitors who are fully competent in what they do. A competent solicitor may still make a mistake but it is far more likely they would know how to rectify it quickly and limit the damage if such an unlikely event was to arise.

If you would like more information please contact Raanan Berlad using the details below

Raanan Berlad is an expert in Civil Litigation and Matrimonial law and acts for international clients including dealing with abduction out of the jurisdiction of children