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Litigation Letter

Solicitors’ Liability for Defendants’ Impecuniosity

Pearson v Sanders Witherspoon (A Firm) (CA The Independent, 6 December)

The claimant instructed the defendants as his solicitors to bring a claim against F. Although the solicitors were consulted in 1986, a writ was not issued until June 1988, the action became dormant and was taken over by further solicitors in December 1992 and was not finally listed for trial until March 1995. By this time F had become insolvent and F’s well-publicised financial difficulties were known from 1989.

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