ABSTRACT

If none of the above are applicable, the ultimate remedy will be to sue the solicitors responsible for their client’s being restricted by an invariable or unappealable order for negligence, entitlement being to damages for what would have been received if the matter had been properly handled. In Dickinson v Jones Alexander [1990] Fam Law 137, the solicitors used a junior member of staff, who did not realise that the husband was a wealthy man, to run a case without adequate supervision: proper disclosure of the husband’s means was not obtained. The wife received a tiny lump sum of £12,000 and a maintenance order for the children of under £2,500. Eventually the husband did not pay even this and the wife had to go on to welfare benefits. Ten years later she sued and obtained a total of £330,000. Not surprisingly the solicitors admitted liability immediately.