Mr W instructed a solicitor to act for him in a medical negligence claim. When the solicitor told Mr W that he was likely to lose, he asked for his file to be transferred to another solicitor so he could get a second opinion. Mr W complained to the firm after it took them two months to send his file to his new solicitor.
The firm admitted they did not transfer the file as quickly as they should have done and offered to pay Mr W £250 compensation. Mr W was unhappy with this and brought the complaint to the Legal Ombudsman.
The Legal Ombudsman dismissed the complaint on the basis that the solicitor had made a reasonable offer that was still open for acceptance. While it was clear the delay in releasing the file caused Mr W some worry, and he was put to the inconvenience of having to chase the solicitor before his file was released, the delay was for a short period and did not impact on the progression of his claim or his ability to obtain advice. On the whole, £250 was considered fair and reasonable.