The Importance of Bringing Claims Quickly

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The recent case of Lloyds Bank v McBains Cooper Consulting involved a complex underlying construction dispute. 

The bank, which had been funding a construction project, brought a negligence claim against the project monitor McBains.

McBains admitted that they had been negligent. The bank alleged that McBain had failed to attend important meetings on site, but could not prove it, because the passage of time meant documents were no longer available.

The bank had also failed to give important information to McBains, and failed to respond to McBains' reports appropriately.

As a result, even though the bank won, the damages they were able to recover were reduced by one-third. This is known as "contributory negligence" on the part of the bank.

This case demonstrates how important it is to consult a solicitor swiftly when a problem arises. Whilst parties should not simply issue proceedings against each other when a dispute arises, it is important that a dialogue is opened at as early a stage a possible, and that both sides are aware of the importance of preserving documents.

Samuels Solicitors are litigation experts, with a wealth of experience in bringing complex cases to Court and resolving difficult disputes by mediation and other means. Our senior partner, Jan Samuel, is described by clients as a "formidable litigator", and he heads up a team of experienced and dedicated litigation lawyers.

Our flexible funding options, which can include conditional (no win no fee) arrangements in appropriate cases, are designed specifially to assist clients with valuable claims, but no ready access to funds. 

if you have a dispute with a business partner, a company, or an individual, do not delay. Contact us today for a free, no obligation discussion about how we can help.