What are your options if your case is struck out in the county court?

We specialise in solicitors negligence. Our top rated lawyers deal with cases that have been struck out due to a legal mistake and offer a free consultation service. Call 0333 888 0403 or email us at [email protected]

What does it mean if your county court claim is struck out?

If a claim gets ‘struck out‘ it means that the legal action has been dismissed by the court, and can’t be pursued. Only if the striking out order is set aside can the claimant continue with their claim.

Striking out is a draconian course of action, and can cause huge upset, disappointment, and financial loss to the claimant. Not only will they lose out on whatever remedy they were seeking (such as an award of compensation), but they may also be ordered to pay their opponent’s legal costs, as well as their own.

The power of the county court to strike out a claim

The county court can strike out a claim if:

1. it believes there are no reasonable grounds for bringing the claim;
2. it concludes that the case is an abuse of process; or
3. there has been a failure to comply with a rule, direction or court order.

What to do if your county court claim is struck out

The first thing to do is to establish why the claim has been struck out, and what options there are for setting aside the striking out order.

If you have a solicitor representing you and your claim has been struck out because of something they did, or failed to do, then consider making a professional negligence claim against them.

It might, for instance, be the case that your claim has been struck out because your solicitor failed to comply with an ‘unless order’. Unless orders are commonly made to require a party to take a step in the legal action by a specified date, and ‘unless they do so the claim will be struck out.” If the solicitor fails to comply then they are likely to have been negligent.

If your solicitor is at fault then you can pursue a claim against them for the financial losses you have incurred as a consequence of the striking out. This could include:

• The value of the claim that has been struck out.
• Any legal costs you are ordered to pay to the defendant.
• Your own legal costs.

Free consultation with a No Win, No Fee professional negligence solicitor

Our top rated professional negligence solicitors will be happy to offer you a free consultation. They will assess your case, and offer specialist guidance on recovering compensation from your solicitor. You do have a legal duty to ‘mitigate your loss’, so they may be able to recommend steps to reduce or limit the damage to your position.

We will also look at the funding options available to you and will be happy to consider whether we can deal with the solicitors negligence claim on a No Win, No Fee basis.

Call 0333 888 0403 or email us at [email protected].

We have been ranked among the best professional negligence solicitors in the UK.

The independent legal review website, ReviewSolicitors, has ranked our professional negligence team in the top 2 firms in the whole of the UK*.

Emma Slade, the partner who leads our professional negligence team, said that she was incredibly proud of the achievement and paid tribute to the hard work and professionalism of the lawyers in her department dealing with this complex area of law.

“Being placed in the top two firms nationally out of more than 1,000 other practices is amazing,” said Emma, “and we are determined to hold on to our ranking.”

The rankings are primarily based on reviews posted on the ReviewSolicitors website from clients in the last year. However, the review website also takes into account a law firm’s accreditations, notable cases, experience, size, and their Legal Ombudsman and disciplinary records, as well as other key information.

For many years we have specialised in recovering compensation for individuals and businesses that have been been let down by those offering professional services, such as surveyors, accountants, and solicitors. During this time we have achieved a number of notable victories and we are very proud of our track record of success.

You can read about some of our successes on this website, including the following cases:

Compensation for a solicitor’s mistake

Surveyor’s negligence claim

Compensation claim against an accountant

Successful architect negligence claim

Inheritance claim mistake

You can also read the reviews that clients have left for us by going on to the ReviewSolicitors website. Here’s a short selection of what you will find on there:

“I reached out for assistance to Slee Blackwell Solicitors regarding a professional negligence issue. The handling of my matter by both Lee Dawkins and Emma Slade was first class. I received invaluable advice and assistance. Their willingness, sincerity, and the quality of their advice and guidance exceeded all my expectations, and proved to be enormously helpful. I have no reservations, whatsoever, in recommending their outstanding service”

“Emma took on my professional negligence case against my so called Architect that later turned out to be a technician… so my advice is let these professional solicitors like Emma Slade show you real professionalism at work so courteous and quietly confident she didn’t even ask me for a penny on account to start my claim immediately and within a short time won me nearly Fifty Thousand Pounds, absolutely amazing. I spent more time and money seeking useless help. I only wish I had met Emma and the team sooner. Thank you again guys, truly fantastic work, no job too big or too small they treated me like a king!! Highly Recommended 10 Stars!!!”

“SLEE BLACKWELL’s Emma Slade is the most attentive and client-centric lawyer I’ve had occasion to engage. I recommend this firm for their ability to really listen to a client.”

So, if you are looking for the best professional negligence solicitors then get in touch with our specialist team. We offer a free consultation service and will always be happy to consider any claim for No Win, No Fee funding.

Call us on 0333 888 0403, or email us at [email protected].

We are specialist No Win No Fee professional negligence solicitors. We operate nationwide and are independently ranked* among the very best professional negligence firms in the UK.

We were one of the first firms of solicitors to undertake professional negligence claims on a No Win No Fee basis and this website has been in operation since 2001. In that time we have acquired a great deal of experience, building up an impressive track record of success.

Our No Win No Fee funding scheme is immensely popular with clients and it is generally people’s preferred option over other funding schemes. The main advantage of No Win No Fee funding is that it removes much of the financial risk of litigation, enabling people who wouldn’t otherwise be able to fund a legal action to seek justice.

Our No Win No Fee professional negligence solicitors deal with claims against a range of professionals, including claims against solicitors, surveyor and accountants.

In simple terms, when we deal with a professional negligence claim on a No Win No Fee basis we will only get paid if the case is successful. If you do not win your case then we receive no payment for the work we have carried out. This means that we are highly incentivised to do our utmost to ensure you succeed.

We offer a free case assessment service and will review the legal merits of your claim and the likely value without charge.

The value of your claim must be sufficient to make it an economically viable and should be in excess of £10,000.  If we are satisfied that your case has good prospects of success and is of sufficient value then it is likely that No Win no Fee funding will be offered to you.

Under a Conditional Fee Agreement (the type of No Win, No Fee funding arrangement we most commonly offer for professional negligence claims) the winning client pays our costs on an hourly rate basis, along with a success fee. Success fees are not recoverable from the losing party and are calculated as a percentage of the costs incurred.

Fixed legal costs are recoverable from the losing party, and these will be credited against your bill. However, those fixed recoverable costs are unlikely to cover the full amount, so it is important to appreciate that there will be a deduction from whatever you win.

We will always explain how No Win No Fee professional negligence claims work and give you some examples before you decide to go ahead.

Contact us for a free professional negligence consultation

To take advantage of our offer of a free consultation, and to find out more about what No Win No Fee will mean for you contact us now on 0333 888 0403 or email us at [email protected].

 

*www.reviewsolicitors.co.uk March 2025.

We take a look at what it means if a legal case is struck out?

Under the law of England and Wales, if a legal case is struck out, it means that the court has decided to remove the case (or part of the case) from the court record. This often occurs because the court considers the claim or defence to be legally insufficient, defective, or flawed in some way. There are several reasons why a case might be struck out:

Common Reasons for Striking Out:

1. No Reasonable Grounds for the Claim or Defence: The claim or defence does not disclose any legally valid basis for proceeding. For example, if the facts in the claim, even if true, do not constitute a legal cause of action, the case may be struck out.

2. Abuse of Process: The case is seen as an abuse of the court’s process, such as when the proceedings are frivolous, vexatious, or designed to harass the other party.

3. Failure to Comply with Court Rules or a Court Order: If a party fails to comply with procedural rules, like submitting documents on time, or disobeys a court order, the court may strike the case out.

4. Lack of Prosecution: If the claimant (the party bringing the case) takes too long to move the case forward without a valid reason, the court may strike out the case.

5. Frivolous or Vexatious Claims: If the court believes the claim has no real merit or is designed to cause annoyance or expense to the defendant without a genuine legal foundation.

What happens when a legal case is struck out:

When striking out occurs it essentially ends that case or claim. The claimant would have to start the legal process again if they wish to pursue the matter, though they may not always be allowed to do so depending on the nature of the strike out and the Limitation Act.

Strike-Out Applications:

Either party can apply to have the other party’s case or defence struck out, or the court may make an order on its own initiative.

Solicitors Negligence:

When strike out occurs it can often be due to the negligence of the solicitor who was dealing with the claim. If someone suffers financial loss as a result of a case being struck out, then they may be entitled to make a negligence claim against the solicitor to recover compensation.

No Win, No Fee Negligence Claims:

We specialise in claims against solicitors and can work on a No Win, No Fee basis. So, if you would like to pursue a claim for compensation, then contact us for a free assessment of your case and details of No Win, No Fee funding.

If your legal case is struck out and your solicitor is at fault, contact our legal helpline for a free assessment and details of No Win, No Fee funding. Call 0333 888 0403 or email us at [email protected].

Solicitor negligence occurs where a solicitor fails to perform their duties to the standard that can be expected of a reasonably competent solicitor. To be able to make a legal claim against the solicitor for compensation, it is necessary to show that the solicitor’s breach of duty directly resulted in the client suffering material financial loss.

Examples of solicitors negligence 

Examples of negligence by a solicitor include:

• Missing important deadlines (such as court filing dates or limitation deadlines).
• Providing incorrect legal advice.
• Failing to follow client instructions.
• Inadequately preparing or reviewing legal documents, such as contracts, leases, or wills.
• Suing the wrong party.
• Making a mistake in drafting a key document.
• Under-settling a claim.

If negligence occurs, a client may have grounds to bring a pro neg claim against the lawyer to recover compensation for the financial losses caused by the solicitor’s actions or inaction.

Free solicitor negligence consultation

We deal with solicitor negligence cases nationwide, and where your financial losses exceed £10,000, then we will always be happy to provide a free consultation and consider whether we can deal with your case on a No Win, No Fee basis.

If you are thinking about making a negligence claim against a solicitor it is important to distinguish between ‘negligence’ (which you need to establish to make a legal claim), and ‘inadequate service’, (which is normally dealt with as a complaint). There is often an overlap between the two. For instance, delay is a common cause for complaints, but it can also have serious consequences and lead to material financial loss.  Where a problem relates purely to poor service then you are probably best advised to deal with the matter through the solicitor’s own complaints system, or via the Legal Ombudsman. But where there has been clear negligence leading to material financial loss, then our team is here to help.

To obtain your free consultation simply send details of your case to us by email at [email protected] or give us a call us on 0333 888 0403.

 

*www.reviewsolicitors.co.uk February 2025.

Our legal helpline is frequently contacted by people asking, ‘Can I sue a solicitor on a No Win, No Fee basis?’

Well, the simple answer is, yes, you can.

Not all solicitors are willing to deal with claims against other solicitors. And those that are prepared to take on another firm are often unwilling to do so on a No Win, No Fee basis.

However, we specialise in dealing with professional negligence claims funded on a No Win, No Fee basis; and that includes claims against other solicitors.

We offer a free initial assessment service whereby we will carry out a review of the legal merits of your case and its suitability for no win, no fee funding. You can submit your case details by using our handy solicitors negligence claim sheets. Every case is different, so please bear in mind that ‘one size fits all’ claim sheets like these are merely a guide. If you are not sure about what to put in a particular box then just leave it blank and move on to the next section.

We are happy to consider any solicitors negligence case on a No Win, No Fee basis where the financial loss suffered by you as a direct result of the negligence exceeds £10,000 – the current small claims court limit.

In addition to establishing direct and consequential financial loss, we must also demonstrate that the solicitor has acted in breach of their legal duty of care.

We are proud of our track record of success in solicitors negligence cases and you can read about some of our victories on our success stories page.

Our expertise in this complex area of law has led to us being ranked in the top 2 law firms in the whole of the UK specialising in professional negligence law by the independent legal review website, ReviewSolicitors*.

Sue a solicitor on a No Win No Fee basis – Free consultation

If you would like to sue a solicitor on a No Win, No Fee basis, then get in touch with us for a free consultation by submitting one of our claim sheets, or alternatively calling us on 0333 888 0403, or emailing [email protected].

*www.reviewsolicitors.co.uk March 2025.

We take a look at a very commonly asked question, ‘Can I sue a solicitor for breach of duty of care?’

We specialise in professional negligence claims against solicitors nationwide. So, for further guidance on ‘Can I sue a solicitor for breach of duty of care?’ contact our dedicated Helpline for a free case assessment and details of No Win, No Fee funding.

Does a solicitor owe their client a duty of care?

Yes, a solicitor will owe their client a duty of care. However, a solicitor will only rarely owe a third party who isn’t their client a duty of care. An example of when a duty of care can be owed by a solicitor to a non-client would be a beneficiary under a Will that the solicitor has prepared.

What is a ‘Breach of Duty’?

A breach of duty occurs when someone who owes you a legal duty to take care, such as the duty owed by a solicitor to their client, fails to do something that they should reasonably have been expected to do. It is therefore simply a failure to take reasonable care in all the circumstances.

A breach of duty by a solicitor is often simply referred to as ‘negligence’.

Common breaches of duty by solicitors include, missing a key deadline, allowing a case to be struck out, failing to protect a client’s legal interests, making an error in the drafting of a legal document, and giving a client incorrect legal advice. However, in practice the number of potential breaches of duty is almost endless, and you will find lots of case studies on this website about the claims we have successfully made.

Can I sue a solicitor for breach of duty of care?

Yes, you can. To bring a successful professional negligence claim against a solicitor you have to not only establish that a duty of care was owed and breached, but also:

• that you have suffered a loss as a result of the breach; and
• that the breach caused the damage.

How we can help you

If you would like further guidance on, ‘Can I sue a solicitor for breach of duty of care?’ then contact our free legal helpline for a review of your case.

If you have a solicitors negligence duty of care claim, and require expert guidance on professional negligence against solicitors we will be happy to provide a free case assessment and details of No Win, No Fee funding. To speak to a specialist solicitor call 0333 888 0403, or email [email protected].

 

This article, ‘Can I sue a solicitor for breach of duty of care”< was updated in September 2024.

Making an Asset Protection Trust claim

Negligence solicitor, Emma Slade, looks at making an Asset Protection Trust claim.

‘Asset Protection Trusts’ have increased in popularity in recent years. People are attracted to these trusts as a means of preventing assets from being used to fund care fees, or limiting liability for inheritance tax.

It normally involves the individual transferring their home, saving or investments into a trust. The principle behind the trust is that if the asset is no longer owed by the individual then it cannot be taken into consideration when, for instance, determining a liability to pay care fees at some future date.

However, while this may sound like a good idea, there are practical problems associated with Asset Protection Trusts.

For instance, local authorities might challenge the legitimacy of the trust and charge care fees in any event on the basis that the creation of the Asset Protection Trust amounted to a deliberate deprivation of capital.

The tax position is also complicated. Transferring assets into trust will be a ‘lifetime chargeable transfer’ for inheritance tax purposes, as well as a chargeable disposal for capital gains tax. This can give rise to a tax bill, both now and in the future.

Furthermore, if the individual continues to live in a property after it was ‘transferred’ then unless they pay a full market rent for the privilege, then the asset will be regarded as remaining in their estate for inheritance tax purposes. Furthermore, their  estate will lose the right to claim the valuable residential nil rate band.

There is also the issue of control. If a genuine attempt is made to transfer assets to a trust over which the individual has absolutely no control, then they will lose any right to have a say about how those assets are dealt with. This could result in them losing their home or savings if the recipient chooses not to honour any agreement with them. They could also lose out if the recipient gets divorced, becomes bankrupt or passes away. There might also be further adverse tax consequences to deal with.

Where someone suffers financial loss as a result of poor advice then they may wish to consider taking legal action. We can assist with an Asset Protection Trust claim where there is clear and verifiable financial loss exceeding £25,000.

Subject to the value of the claim we can often work on a no win, no fee basis.

So if you have suffered losses in excess of £25,000 and you would like to find out where you stand on making an Asset Protection Trust claim, and how your case could be funded, contact our free legal helpline.

Submit details of your case by email to [email protected] or call us on 0333 888 0403.

 

 

 

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Making an insolvency negligence compensation claim on a No Win, No Fee basis

Specialist professional negligence solicitor, Emma Slade, takes a brief look at insolvency negligence, and claims against insolvency practitioners and insolvency lawyers.

Insolvency practitioners and other professionals involved in insolvency owe a legal duty of care in relation to their actions and advice and are required to act with reasonable skill and care.

For instance, they have an obligation to take reasonable steps to obtain the best price for assets that need to be realised. Other examples include errors that are made in relation to the distribution of assets, mistakes in preparing financial status reports, and failure to pursue legal claims.

When the duty of care is breached then the party suffering loss is entitled to bring a claim for compensation. However, the loss claimed must clearly flow directly from the insolvency practitioner’s breach, and not be due to some other cause outside the control of the professional.

It is often prudent to obtain an independent report from an expert witness on the conduct of the insolvency practitioner against whom the claim is being made.

Insolvency negligence claims should be commenced promptly. The primary limitation period is six years from when the cause of action accrued, or three years from the claimant’s date of knowledge. Identifying the limitation date isn’t always straightforward, so specialist legal advice should therefore be taken from independent lawyers.

We deal with insolvency negligence claims throughout the whole of England and Wales, both corporate and individual, where the financial loss arising from a breach of duty amounts to a sum that is greater than £10,000.

Why you should use us for your insolvency negligence claim

We have been independently ranked in the top 2 solicitors in the UK dealing with professional negligence claims by the legal review website, ReviewSolicitors*.

We also offer a free case assessment service, and No Win, No Fee funding.

Just call us on 0333 888 0403 or email details of your claim to [email protected] and we will be happy to provide you with an assessment of your case free of charge, and to consider its suitability for No Win, No Fee funding.

 

*www.reviewsolicitors.co.uk February 2025.

Claiming compensation for professional negligence, rather than abatement.

Solicitor Emma Slade looks at the legal distinction between claiming compensation for professional negligence and seeking abatement.

So, you have contracted with a builder to construct your much-desired extension but by the time they have finished the work, the building is dreadful. Invariably this scenario ends in a dispute between you and the builder over his charges. But what about the architect?  If the builder has built the extension according to the architect’s plans, should you still pay the architect’s bill, or can you get a reduction in those fees?  Can the fees be – and I use the technical legal term – ‘abated’?  After all, you will argue that the architect has not earned those fees.

You will undoubtedly be very surprised to hear me say that no, you may not be entitled to a reduction in those fees.

Generally, abatement is not a valid defence to a claim for payment for professional services under contract. Provided the services have been substantially performed, the fees cannot be reduced as there will still have been some merit in those services.  There may have been delay and disruption in provision of those services but that does not entitle you to claim a rebate.  This can cause a lot of surprise to some clients when explained.

But there are exceptions to the rule.

Firstly, you will note I have said that the fees cannot be abated if there has been some merit in those services.  But what if the service has been utterly worthless?  In those circumstances, there will have been a fundamental lack of consideration in the contract, so those parts of the fees relating to services that are utterly worthless can indeed be removed.

Secondly, abatement may not be the proper argument to be used – but claiming compensation for professional negligence might be!

In claims for professional negligence, if it can be shown that a similarly qualified and experienced professional would not have acted in that way (breach of duty of care) and that as a result of the professional’s actions (or lack thereof), you have suffered a loss, then a better claim would be to seek, not a reduction of their fees, but recompense for that loss.

What do I mean?

Let us go back to the architect who prepared the drawings for your much-desired extension, which ended up looking no better than a chewed-up wreck.  Presumably, the first thing you would do is engage a new architect.  So you will incur those additional fees.  You may also incur other fees in trying to remedy the build, fees on top of that which you would have incurred had the work gone well.  Provided that the architect did indeed breach his duty of care to you, you would be able to claim the additional architect’s fees and all the remedial costs.  You would still be liable for the architect’s original fees but any spend over and above that which would have been incurred had the work been carried out correctly, could be claimed as part of a claim for compensation for professional negligence.

So ultimately, whilst you may not get an abatement on the fees for the services of a professional, you can claim for your losses.  It all comes down to how you present your claim: professional negligence, not abatement.

Emma Slade is a solicitor and partner in our professional negligence department who specialises in bringing negligence claims against professionals including solicitors and architects. We offer a free case assessment service for claims with a value of more than £10,0o0. Submit brief details by email to [email protected] or call us on 0333 888 0403.