CASE STUDY: Negligence in Divorce Proceedings Leads to Payout Against Solicitors
Emma Semwayo of Applebys Solicitors has just successfully concluded a Professional Negligence case against a firm of solicitors, obtaining damages for our client BA for negligence in divorce proceedings.
The facts of this case again demonstrate that ancillary relief proceedings (the division of assets on divorce) can be a minefield. The importance of obtaining proper advice and representation cannot be overstated, even when it appears that the parties are behaving amicably, BAs case shows that where money is involved, this can quickly change!
When they separated, BA and her husband came to an agreement as to how the marital assets were going to be split. They decided it would be wise to get this formalised in a separation agreement. Separation Agreements are formal documents setting out the parties’ arrangements to divide assets. They can also deal with issues of custody and access in relation to children but this was not at issue in this particular case. Separation Agreements are not binding, however, as a matter of principle the Courts will normally uphold them as long as they are properly and fairly arrived at with competent legal advice.
BA’s husband fully knew of her financial position, but it was important that this was evidenced in writing. BA was advised by her solicitors that a financial schedule and copies of all relevant financial documents should be provided to him and she duly provided copies of everything to her solicitor even though she knew her husband had already seen them. However, the solicitor dealing with her case did not send the schedule or the documents to BA’s ex when the Separation Agreement was sent to him for signature.
Following this, relations between BA and her husband deteriorated and he decided he did not want to adhere to the terms of the Separation Agreement. BA faced the unpleasant and expensive task of having to fight him in Court over this, incurring thousands of pounds of legal costs.
We brought an action against BAs own firm of solicitors who had made this simple yet catastrophic error and we were able to get this money back for BA.
Emma is an experienced solicitor working within our very successful professional and clinical negligence section. She is focussed on highly technical negligence claims which often involve more than one professional. Additionally Emma can also assist with sub optimal professional service which may amount to a breach of contract.
Emma’s caseload includes claims involving negligent advice or service from architects, surveyors, solicitors, barristers, stockbrokers and accountants.
Call Emma on 0800 169 1325 for free initial advice or e-mail emma.semwayo@applebys-law.co.uk