Miss R instructed a solicitor to act for her in a neighbour dispute. Miss R lost the case and complained to the solicitor as she felt his handling of the case led to its unsuccessful outcome. Miss R also alleged that he had overcharged her by £1,000 and duplicated work of £400.
The solicitor offered to refund £1,400 to Miss R in full and final settlement of her complaint and also told her of her right to bring a complaint to the Legal Ombudsman if the refund was not acceptable to her. Miss R agreed to accept the refund and cashed the cheque sent to her by the solicitor.
Five months later, Miss R brought a complaint to the Legal Ombudsman. She explained that in addition to the refund, she also wanted compensation for the poor way her case was handled.
The Legal Ombudsman dismissed the complaint. The solicitor’s offer to refund £1,400 was clearly intended to bring the complaint to a close and as Miss R had accepted the refund as a resolution to her complaint, it was not appropriate for the Legal Ombudsman to carry out an investigation.