Failure to prosecute own case. CAN ANYONE HELP?!?

brousuka

My head is done in from the possible implication of this risk warning from a solicitor. (Brief backround): My wife had started litigation against the County Council in connection with a car accident she had 3 years ago. The solicitor she hired does not want to handle the case anymore and wants my wife to appoint a new solicitor to the case. At this stage, everything is dragging so much and causing so much hassle that my wife just wants to drop the whole bloody thing, pay any costs and wash her hands of it. Her solicitor has just advised that she is applying to the court to "come off record" and we are resposible for that cost. Also the solicitor has advised that we are at risk of being prosecuted for "Failure to prosecute your own case" which could run into tens of thousands of Euro!! Does anyone know what this means? and is it likely to really happen? what are the general costs of a solicitor coming off record? This is turning into a nightmare. we are the injured party here, and now we are looking at losing thousands!! PS. Very difficult to ever contact the solicitor as she is always out, or in court and doesn't reply promptly to e-mails. PPS. the case is not really a huge one, my wife was suing just for the cost of car replacement and damages. Can anyone help??

cycleoin

at the risk of violating the charter...

The best course of action to take is to appoint a new solicitor to advise you. With regard to the costs, if you win (which you say you should as you are the "injured party") it is likely that you will also be awarded the costs of the case.

GO TO A NEW SOLICITOR!

dermot_sheehan

I assume what the solicitor was referring to was that the defendents (the council in this case) can apply to have the case struck out for want of prosecution if you sit back and not do anything.

If that happens they can seek their costs in defending the action.

brousuka

Very grateful for the replies. Thank you.