Case Study: Dental Negligence Claim

Introduction:

Mr. S approached Versus Law with a claim of dental negligence following the extraction of a molar, which subsequently resulted in pain and numbness in his lip. This case study highlights the key points and outcomes of Mr. S’s claim.

Referral for Specialist Care:

Upon experiencing persistent pain and numbness in his lip following the molar extraction, Mr. S was referred to a specialist for further examination and treatment. This referral indicated the seriousness of his condition and the need for specialised intervention. We obtained a copy of Mr. S’s dental and medical records (with his written consent) in order to investigate the claim further. We prepared a chronology of the sequence of events and used this to prepare a detailed Letter of Claim, setting out Mr. S’s allegations of breach of statutory duty and negligence against the treating dentist.

Diagnosis of Permanent Nerve Damage:

After undergoing a thorough evaluation by the specialist, Mr. S was diagnosed with permanent nerve damage in his lip. This diagnosis confirmed the severity and lasting impact of the injury he had suffered. We considered the lasting future impact on Mr S’s life, in order to appropriately assess the correct level of compensation that an injury of this nature and magnitude should attract.

Breach of Duty of Care:

It was established during the course of our investigations that Mr S’s dentist had breached their duty of care. The duty of care refers to the responsibility of healthcare professionals to provide treatment in a manner consistent with the accepted standards of the profession. In this case, the dentist failed to meet the required standard of care. Throughout we were assisted by a qualified specialist with a particular expertise in dental negligence to assist us in navigating around the technical terms and the relevant issues.

Improper Procedure Execution:

Further investigation revealed that the dentist had carried out the molar extraction procedure improperly. The specific details of the improper execution were examined and presented as evidence in support of Mr. S’s claim.

Consultation with Dental Expert:

To strengthen Mr. S’s case, we sought the opinion of a dental expert who thoroughly assessed the care provided to Mr. S. The expert identified five points of failure in the treatment process, highlighting specific instances where the standard of care was not met. These findings provided valuable evidence to support Mr. S’s claim. The Dental Expert prepared a Medico-legal Report as expert evidence in support of Mr. S’s claim.

Compensation Award:

After presenting the gathered evidence, including the assessment by the dental expert, Mr. S’s claim for dental negligence was successful, At court it was recognised the breach of duty of care by the dentist and the subsequent permanent nerve damage suffered by Mr. S. As a result, Mr. S was awarded an Offer of Settlement. However, we felt the Offer of Settlement was a little on the low side and so we negotiated an increased award of £22,000 in damages for the pain, suffering, and loss he experienced due to the dental negligence.

Conclusion:

The case of Mr. S exemplifies the consequences of dental negligence and the importance of pursuing legal action to seek compensation for such injuries. Through the referral for specialist care, the diagnosis of permanent nerve damage, and the consultation with a dental expert, Mr. S’s claim was supported by strong evidence. The successful outcome of the case not only provided Mr. S with financial compensation but also highlighted the significance of upholding the duty of care within the dental profession to ensure patient safety and well-being.

The difficulties in proving dental negligence can arise due to various factors. Here are some challenges that may be encountered during the process:

Establishing the Standard of Care: To prove dental negligence, it is necessary to demonstrate that the dentist breached their duty of care towards the patient. This requires establishing the standard of care expected from a reasonably competent dentist in a similar situation. Determining this standard can be complex as it involves comparing the dentist’s actions with those of their peers and relevant professional guidelines.
Causation: Proving that the dentist’s actions directly caused the patient’s injury or harm is crucial. In cases of dental negligence, it can be challenging to establish a clear link between the dentist’s conduct and the resulting damage. This difficulty is particularly relevant when dealing with pre-existing conditions or complex medical histories.
Expert Opinion: In many dental negligence cases, the opinion of an independent dental expert is sought to evaluate the care provided by the dentist. However, it can be challenging to find an expert witness who is experienced in the specific area of dentistry involved in the case and willing to provide a professional opinion. Additionally, different experts may have differing views, adding complexity to the case.
Lack of Documentation: Insufficient or incomplete documentation of the treatment provided can hinder the process of proving dental negligence. In some cases, dental records may not adequately reflect the treatment procedures performed, making it difficult to establish the sequence of events or identify any deviations from the standard of care.
Time and Expense: Pursuing a dental negligence claim can be a lengthy and costly process. It requires gathering evidence, obtaining expert opinions, and potentially going through court proceedings. This can place a significant burden on the claimant, who may need to invest significant time, effort, and financial resources to prove their case.

Despite these challenges, successful dental negligence claims can be made with a thorough investigation, expert opinions, and compelling evidence. Each case is unique, and the specific difficulties in proving dental negligence may vary depending on the circumstances involved. It is essential to consult with legal professionals who specialise in medical malpractice or dental negligence cases to navigate through these challenges effectively.

If you have a dental negligence claim or just wish to discuss a possible claim please get in touch with the team at Versus Law Solicitors

Pain after tooth taken out

Pain after tooth extraction

Having to go to your dentist to have your tooth extracted is usually the last attempt after other treatment methods have failed. The tooth extraction involves numbing the area up and removing every part of the tooth including all its roots. The reason for needing an extraction in the first place varies but can be if there is so much decay in your tooth that it is better that it comes out as the dentist cannot save it. Other reasons could be where a filling or a root canal procedure previously has failed or having an impacted wisdom tooth taken out. However, the most common reason for extractions in the UK are teeth taken out due to severe gum disease also known as periodontal disease.

Once you have had your tooth extracted, it is easy to think that that is the end of the story, however complications including pain and swelling can arise. Sometimes these problems are even worse than perhaps the original toothache that you had!

Did you give consent?

It is important that your dentist made you fully aware of the complications and risks involved in your tooth extraction beforehand. This process is called “obtaining consent” and you may even have had to sign a form before the extraction procedure. Part of this consent process also involves the dentist going through with you in detail any alternative treatments. For instance, were you explained that perhaps a root canal treatment could save your tooth/teeth or having periodontal treatment i.e. gum treatment.

In other words, was the tooth extraction really the last resort for this tooth or could you have kept it?

Tooth extraction

Now when we come onto the extraction appointment itself. The extraction should be carried out with certain due diligence and skill that you would expect of a professional dentist.

Once the extraction has been carried out, you should receive adequate detail on how to manage complications such as pain and swelling and what complications may arise and what to do when you get back home.

Pain and swelling after extractions.

An extraction is essentially a surgical procedure and therefore you should expect a certain amount of pain and swelling afterwards as a part of your body’s normal healing process. This however should be managed with over-the-counter painkillers such as paracetamol or ibuprofen. In addition, rinsing out after 24-hours with salty mouthwashes will also accelerate the healing process and reduce pain/swelling. This initial healing process can take one, two, or three days, so during this time you should be able to manage the pain with over-the-counter medications or perhaps your dentist has written a prescription for you already. After the first day, mouthwashes will help around the socket areas.

However, there is a fairly common complication called a dry socket where after two or three days, the pain does not subside and actually increases in severity. A dry socket is a painful condition where the tooth socket is no longer covered in the blood clot because it has either become dislodged or did not form in the first place. This is the reason why a dentist would normally tell you not to smoke immediately after an extraction because if you have a cigarette, you are more likely to develop a dry socket which will impede the extraction healing process.

If a dry socket does indeed develop, you should go back to the dentist who will usually place a medicated and anaesthetic packing inside the socket so that the socket can start healing up again properly.

What should you do if you get bleeding from the tooth extraction when you get home?

You will most often be supplied with a cotton gauze pack which you are required to bite on firmly for several minutes in order to stop any bleeding when you get home. A tooth socket can start bleeding once the injection has worn off or you accidently disturb the socket. Biting on a cotton gauze pack or similar in most cases will stop bleeding but you may need to do this more than once. However if the bleeding is very profuse or does not stop at all, you should contact your dentist immediately. In these cases, sometimes it is necessary for the extraction socket wound to be closed with sutures or stitches.

Other complications or problems after a tooth extraction may involve damage to a nerve, leaving part of the root or roots behind, dislodging a root into your sinuses, a bad taste or smell afterwards and problems or damage to adjacent teeth.

Tooth extraction due to gum disease

The most common reason for needing a tooth extraction is where gum disease has caused your tooth or teeth to become infected and loose. In these cases, extraction may be the only solution. However, if you regularly go to your dentist, then it is the dental professional’s job to make sure that you do not loose any teeth through gum disease. This is one of the reasons why patients go to the dentist every 6-months as part of the screening process. If there are any teeth which are at risk from gum disease, your dentist can identify these issues and let you know and treat them. If you are going to the dentist regularly, and your dentist tells you that you need extractions due to gum disease, it could be that the gum disease has not been treated and therefore it could be as a result of dental negligence.

If gum disease also known as periodontitis or periodontal disease has been detected early, there are various treatments that you can be offered which will ensure that the disease does not progress and this will avoid extractions. Gum treatment is available whether you are a NHS patient or a private patient including dental plans such as Denplan or Sovereign Health. Many patients who come to us, realise too late that their tooth loss was unnecessary but also other teeth are also affected.

Are you experiencing severe prolonged pain after tooth extraction(s)?

Your dentist may be guilty of malpractice or dental negligence.

Get in touch with Versus Law Claims today to book your FREE initial dental claim consultation.

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Dental bridge keeps coming out

Your dentist will have initially made a bridge for you in order to replace a missing tooth or teeth. The 3 methods of replacing a lost/missing tooth or teeth are:

A denture
A bridge
An implant

Your dentist will have initially discussed the above 3 options with you in detail to make sure you were making the correct decision. A dental bridge literally “bridges” the gap due to losing one or more teeth for any reason. The tooth or teeth could have been lost through decay, gum disease or an accident. Dental bridges have advantages such as helping you to smile again, maintain the ability to eat and speak properly again, they can maintain your facial aesthetics, reduce forces in your other healthy teeth and also can avoid the remaining teeth moving out of position. But dental bridges also have certain problems and one of the most frequent problems is that the bridge is loose or totally comes out. When this happens, it is often a nuisance and a worry.

Here we will tell you what to do and why dental bridges can become loose or totally fall out. Below also is a summary of how a bridge works and the problems that can occur with its fit.

When you have a missing tooth, the gap can be filled in with an artificial tooth and one of the options is a dental bridge. The false tooth which fills in the gap or the gaps is held in permanently by the adjacent teeth. In other words, the missing tooth is held by using the neighbouring anchoring teeth. Problems with these anchor teeth also called abutment teeth can occur and we will discuss this further below.

A dental bridge can become loose or fall out fairly quickly or soon after you had it fitted or after some considerable time since it was initially placed but is always annoying and distressing.

The reasons for a dental bridge to become loose or totally come out are as follows.

The bridge has a poor fit.
The bridge had inadequate tooth preparation carried out.
The cement and all the glue which is used to hold the bridge in place has failed.
Changes in your bite have made it more likely that the bridge is dislodging.

Here we can further discuss why your dental bridge may be poorly fitting causing it to become loose or even fall out altogether which can be very embarrassing for you.

You will recall that when you had your bridge initially made, you had two appointments for this. In the first appointment, your dentist would have carried out some modifications to the teeth on either side of the gap and taken some impressions of your teeth. If the modifications to the anchoring teeth were below standard or the impressions were not accurate enough, this can cause subsequent problems at the second appointment when the bridge is fitted. Your dental bridge would have been sent off as impressions to the dental laboratory but it is still ultimately the dentist’s responsibility to ensure that the construction is adequate. When you came back for the second appointment, which is usually a couple of weeks later, your dentist would have tried in the bridge to make sure that it was fitting properly before gluing it in on a permanent basis.

If the bridge does not have a close enough fit and contact to the holding teeth, any amount of glue will not be sufficient to keep it in place on a permanent basis and that’s why it could keep on dislodging. The answer here is really to start from a fresh perspective. This would include a new diagnosis with a new treatment plan plus a new set of impressions to send off to the laboratory. Then when the final bridge appointment is due, the bridge should be tried in and the fit verified appropriately. Only then can it be fitted on a permanent basis.

We mentioned above that inadequate tooth preparation on the first appointment can also result in a bridge failing. A bridge is held in using one or more adjacent teeth and this need to be prepared or modified. This modification appointment is extremely important as it has a huge bearing on whether the new bridge will stay in permanently or not. If your dental bridge does keep on falling out or become loose regularly, this could be that the teeth need to be remodified, which means that we have to start from the beginning again in constructing a new bridge. If you have had the bridge for not a long time, you should ask the dentist for a free replacement as a goodwill measure.

The dental bridge is also held in using a special type of resin glue or cement. Problems can occur with the fit stage, especially if the glue has become contaminated with saliva which can happen from time to time. Contamination of the dental glue will result in its weakening which could be the reason for your bridge coming out. The glue has to stick to both on the inside fitting surface of the bridge and onto the abutment teeth.

When you first had your dental bridge fitted, you may have noticed that the bite felt a bit odd or strange. This is quite normal and you will become accustomed to this fairly quickly. However, in certain cases, the bite created by fitting the bridge can be incorrect which is causing the bridge to become loose or dislodged. This frequently happens when you are eating. You can try something yourself which involves biting up and down on your back teeth to see if the bite may be incorrect or uncomfortable. You can also slide your teeth against each other from side to side and forward and backward to see if there are any odd sensations with the bite. If the incorrect bite is an issue with your bridge, it needs to be adjusted and unfortunately, sometimes it is necessary to replace the bridge with a new one.

If your dental bridge does keep on giving you problems such as looseness or dislodging altogether, you should ask your dentist why this happens and what can be done about it.

We speak to many patients every month having problems when their dental bridge is coming loose or falling out and we can help you get the funds for treatment that you need so that further treatment doesn’t end up costing you hundreds or thousands of pounds. You can contact us for a free initial Dental claim consultation and we can tell you if you may be able to make a claim against your dentist, totally free of charge.

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How do you buy a house in the UK

The process for buying a house in the UK can vary depending on the individual circumstances, but there are some general steps that most people will follow.

Overview of house buying in the UK

Determine your budget and get pre-approved for a mortgage. This will help you to understand how much you can afford to borrow and what your monthly payments will be. Consider how a change in the interest rate may affect your ability to pay your mortgage.
Research the housing market in the area where you want to buy. Look at listings online (Rightmove, Zoopla, PurpleBricks) and talk to local estate agents to get a sense of prices and the types of properties available.
View lots of properties to get an idea of what you can get for your budget. Explore areas in and around your preferred area.
Make an offer on a property. This will typically involve submitting a written offer through the estate agent, along with any supporting documents such as proof of financing and identification.
If your offer is accepted, you will need to enter into a contract with the seller. A conveyancing solicitor can help you with this. You may need to pay stamp duty and additional fees. You can get an estimate of these fees by using our free conveyancing calculator. This will outline the terms of the sale, including the purchase price and any contingencies that must be met.
Obtain a mortgage. This will involve working with a lender to complete a loan application and provide any required documentation. The lender will then review your application and determine whether to approve the loan.
Complete the transaction. This will typically involve a final inspection of the property, the transfer of funds, and the transfer of ownership.

Overall, buying a house in the UK can be a complex process, so it is important to do your research and seek the advice of professionals, such as estate agents, mortgage brokers, and solicitors to ensure that you are making informed decisions.

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Legal Costs Explained

Costs Terminology

It can be daunting as a client to receive a document full of legal jargon related to your case. This easy to understand jargon buster will help you understand the common terminology used in the field of legal costs.

Act as a solicitor – To perform those acts that only a solicitor may perform

Additional liability – The success fee, the insurance premium or the additional amount in respect of provision made by a membership organisation, as the case maybe.

Admissible offer – An offer to settle that is not an offer to which costs consequences under Part 36 apply and which is capable of being drawn to the Court’s attention.

ADR – Abbreviation for alternative dispute resolution

Advocacy services – Any services that it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide.

After the Event Insurance – Legal Expenses insurance (a form of general insurance) incepted after the event giving rise to the claim to which the insurance relates, usually specific to a single claim.

After the Event premium – A premium payable for after the event insurance.

Alternative dispute resolution – Collective description of methods of resolving disputes otherwise than through the normal trial process.

Appropriate authorised body – In relation to any person claiming to be entitled to rights of audience by virtue of 27(2)(a)(i) of the Courts and Legal Services Act 1990, the authorised body (a) granting that right and (b) of which that person is a member

Assisted Person – A person who is in receipt of legal aid or a person within the statutory provisions relating to legal aid.

Authorised advocate – Any person who had a right of audience granted by an authorised body in accordance with the provisions of the Courts and Legal Services Act 1990; no superseded by the term ‘authorised person’

Authorised Court officer – Any officer of the county court and its hearing centres, a district registry, the principal registry of the family division, the costs office.

Base Costs – Costs other than the amount of any additional liability

Base Rate – The interest rate set by the Bank of England, which is used as the basis for other bank rates.

Before the event insurance – Legal expenses insurance that is incepted before the event giving rise to any claim.

Budget – An estimate of the reasonable and proportionate costs (including disbursements) that a party intends to incur in the proceedings.

Budget discussion report – a document based upon Precedent R that is prepared for the Court and which contains a records of (a) those figures that are agreed for each phase, (b) those figures that are not agreed for each phase and (c) a brief summary of the grounds of dispute.

Bullock Order – A co-defendant order whereby the claimant is to pay the successful defendant’s costs, but is permitted to add those costs to the costs to be recovered from and unsuccessful defendant.

CCFA – Abbreviation for conditional fee agreement

CFA Lite – A colloquial phrase used to refer to a conditional fee agreement whereby the monies paid to the legal service provider are limited to those costs that are recovered from an opponent.

Collective conditional fee agreement – A template contract for services that may be applied to individual cases to form conditional-fee-agreement-like arrangements, either for the benefit of the counterparties or other persons.

Conditional fee agreement – An agreement enforceable under s 58 of the Courts and Legal Services Act 1990. An agreement with a person providing advocacy or litigation services that provides for that person’s fees and expenses, or any part of them, to be made payable only in specified circumstances.

Contentious business – Business done, whether as a solicitor or advocate in or for the purpose of proceedings begun before a court. Not business which fall between the definition of non-contentious or common form probate business contained in section 128 of the senior courts act 1981.

Contentious business agreement – A contact of retainer that is compliant with the requirements of s 59 of the Solicitors Act 1974 and which, subject to certain safeguards, will allow the solicitors to recover their fees for contentious work as if those fees were an ordinary debt.

Contingency fee agreement – A contact of retainer under which the legal representatives fee usually in relation to contentious business, is calculated by reference to the amount of money that is reserved for the client.

Contract of retainer – A contract for services pursuant to which a legal services provider agrees to provide legal services for valuable consideration.

Costs – Include, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under CPR 46.5, and any fee or reward charges by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track. Where appropriate, any additional liability incurred under a funding arrangement may be included, but this would be under the pre-2013 CPR 43.2(1)(a) rather than the present-day equivalent.

Costs capping order – An order limiting the amount of future costs (including disbursements) that a party may recover pursuant to an order for costs subsequently made.

Costs Judge – A ‘taxing master of the Senior Court’ also referring to regional costs judges

Costs management – The ability of the Court to manage the costs to be incurred by the parties to litigation by making costs management orders.

Costs management order – An order that will (a) record the extent to which the budgeted costs are agreed between the parties, (b) in respect of the budgeted costs that are not agreed, record the Court’s approval after making appropriate revisions, and (c) record the extent (if any) to which incurred costs are agreed.

Costs office – The Senior Courts Costs office

Costs officer – collective term for a costs judge, a district judge or an authorised court officer

Damages-based agreement – An agreement that complies with the provisions of the damages-based agreements regulations 2013

DBA – Abbreviation for damages-based agreement.

Deemed Order – An order that is deemed to be made on the happening of a specified event, especially where (a) a party allows Court fees to remain unpaid after having been given notice to pay by the Court, (b) a party accepts a Part 36 offer of (c) a party discontinues a claim.

Default costs certificate – A costs certificate that is issued in default of paying party not serving points of dispute.

Detailed assessment – The procedure by which the amount of costs is decided by a costs officer in accordance with Part 47

Detailed bill – A statue bill that contains detailed items and therefore is not a gross sum bill.

Detailed breakdown – A document, often in a similar familiar to a bill of costs, which contains particulars of the costs that have already been claimed in a gross sum bill.

Director – The person designated as the Director of Legal Aid Casework pursuant to s 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or person entitled to exercise the functions of the director

Disburse – To pay monies (usually disbursements)

Disbursement – Money paid on behalf of the Client. As between solicitor and client, those monies that are not profit costs or taxes, but which can be properly be included within a statue bill. As between opposing parties, recoverable monies paid by the client to persons other than their legal services provider.

Discounted conditional fee agreement – A type of conditional fee agreement whereby reduced (discounted) costs are payable in the event of the case not ultimately being successful.

Final costs certificate – A document that states the amount of costs which have been assessed and, unless the Court orders otherwise, will include an order to pay the costs to which it relates.

Fixed Costs – Costs, the amounts of which are fixed by the CPR, whether or not the Court has discretion to allow some other amount or no amount, and which include: (a) the amounts that are to be allowed in respect of legal representatives’ charges in the circumstances set out in Section 1 of Part 45; (b) fixed recoverable costs calculated in accordance with CPR, r45.11; (c) the additional costs allowed by r 45.18; (d) fixed costs determined under CPR, r45.21; and € costs fixed by CPR r 45.37 and 45.38.

Fixed price agreement – A contract of retainer that provides for remuneration of a legal services provider on a predetermined, fixed basis.

Forthwith order – An order made prior to the conclusion of proceedings for the purposes of allowing a party’s costs to be assessed notwithstanding the general rule (in CPR 47.1) that the costs of any proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings.

FPA – Abbreviation for a fixed price agreement

Fund – Includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or personal representative is entitled in their capacity. Colloquial term used to refer to the Legal Aid Fund or the CLS fund.

Funder – A third party who has funded litigation. A person agrees to fund the provision of advocacy or litigation services to another person. The party to a collective conditional agreement who, under that agreement, is liable to pay for the legal representative’s fees.

Funding arrangement – An arrangement whereby a person has (a) entered into a conditional fee or collective fee agreement that provides for a success fee within the meaning of s58(2) of the Courts and Legal Services Act 1990, (b) taken out an insurance policy to which s 29 of the Access to Justice Act 1999 applies or (c) made an agreement with a membership organisation to meet the person’s legal costs.

Future costs – Costs incurred in respect of work done after the date of a cross capping order, but excluding the amount of any additional liability. Informal term for any costs yet to be incurred.

General retainer – A contract of retainer pursuant to which a legal services provider provides services generally rather than in respect of a specific claim or matter.

Gross sum bill – A statute bill that lacks detailed items; used only in relation to contentious business.

Indemnity – A right to recover from a third party the whole amount that the recoverer is liable to pay.

Indemnity basis – A basis of assessment whereby the Court will resolve any doubt as to whether the costs were reasonably incurred or were reasonable in amount in favour to the receiving party; under the CPR, the costs would not be subjected to a test of proportionality.

Insurance – The payment of one or more, commonly called ‘premiums’, by one party, in return for which the other party under-takes to pay a sum of money on the happening of a specified event, which event must be one that is adverse to the interests of the policyholder. After the event insurance.

Insurance premium – The consideration required of the assured in return for which the insurer undertakes its obligation under the contract of insurance. A sum of money paid or payable for insurance against the risk of incurring a costs liability in the proceedings, taken out after the event that is the subject matter of the claim.

Interim costs certificate – A certificate containing an order for an interim payment of costs made after the receiving party has filed a request for a detailed assessment hearing.

Interim statue bill – A statue bill (that is, not a request for a payment on account) that is rendered by a solicitor to a client prior to the determination of the relevant retainer.

Joint liability – A single liability jointly between parties; each party can be held liable for the whole of it.

Legal activities – An activity that is a reserved legal activity within the meaning of the Legal Service Act 2007

Legal aid – Civil legal services made available under arrangements made for purposes of Part 1 of the Legal aid, Sentencing and Punishment of Offenders Act 2012.

Legal representative – A barrister, solicitor, solicitors’ employee, manager of a body authorised under s 9 of the Administration of Justice Act 1985. A person exercising a right of audience or conducting litigation on a party’s behalf.

Litigation funding agreement – An agreement between a party in litigation and a third party whereby the latter, in return for valuable consideration, provides commercial funding for the purposes of funding the former’s involvement in the litigation.

Litigation services – Any services that it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings to provide.

LSC-funded client – An individual who receives service funded by the Legal Service Commission as part of the Community Legal Service within the meaning of Part 1 of the Access to Justice Act 1999.

Membership organisation – A body prescribed for the purposes of s 30 of the Access to Justice Act 1999

Non-contentious business – Any business done as a solicitor that is not contentious business

Non-contentious business agreement – A contract of retainer that is compliant with the requirements of s 57 of the Solicitors Act 1974 and which, subject to certain safeguards allow the solicitor to recover their fees as if were an ordinary debt.

Non-party costs order – An order against a person who is not a party to the litigation, but who is in some way connected to it.

Notional premium – An additional amount payable to a membership organisation pursuant to s 30 of the Access to Justice Act 1999.

Paying Party – A party liable to pay costs.

Payment on account – A payment made pursuant to an order made under CPR r 44.2(8). A payment made on account of costs that is not made in satisfaction of a statue bill.

Percentage Increase – The percentage by which the amount of a legal representative’s fee can be increased in accordance with a conditional fee agreement that provides for a success fee.

Porrect to – To put forward or submit a bill for examination or correction.

Postponement charge – That a percentage increase, if any, which relates to the costs That part of the percentage increase, if any, which relates to the cost of the legal representative of the postponement of the payment of their fees and expenses; also know as postponement element or a charge for postponement.

Practice form – form to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction.

Pre-action protocol – Statements of best practice about pre-action conduct that have been approved by the Head of Civil Justice and are listed in Practice Direction.

Privilege – The right of a party to refuse to disclose a document or to produce a document or refuse to answer questions on the ground of some special interest recognised by law

Pro bono representation – Legal representation provided free of charge

Profit costs – The fees (that are not disbursements) charged by a solicitor for the legal services they have provided.

QOCS – Abbreviation for qualified one-way costs shifting.

Qualified one way costs shifting – A procedural fetter on the recovery of costs in certain personal injury and fatal accident cases such that (unless the claimant has been fundamentally dishonest), only the claimant may recover the costs of the claim.

Receiving party – a party entitled to be paid costs.

Regional costs judge – A specialist judge who has been appointed to hear certain high-value or complex detailed assessments.

Regulated person – Any class of persons which consist of or includes (a) persons who are authorised by the body to carry on an activity which is reserved legal activity; (b) persons who are not so authorised but are employees of a person who is so authorised.

Request for payment on account – An invoice (other than a statute bill) rendered by a solicitor to a client requesting payment on account of costs.

Reserved instrument activities – Collective phrase for the act of (a) preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002 (d) making an application or lodging a document for registration under that act (c) preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales.

Reserved legal activity – Activity including (a) the exercise of a right of audience (b) the conduct of litigation (c) reserved instrument activities (d) probate activities € notarial activities and (f) administration of oaths.

Right of audience – The right to exercise any of the functions of appearing before and addressing a court, including the calling and examining of witnesses.

Right to conduct litigation – (a) the issuing of proceedings before any court in England and Wales (b) the commencement, prosecution and defence of such proceedings (c) the performance of ancillary functions in relation to such proceedings.

Rules of Court – The civil procedure rules 1998. Rules made by the authority having power to make rules or orders regulating the practice and procedure of the Court. Rulings of the Court in individual cases.

Sanderson order – A co-defendant order whereby an unsuccessful defendant is ordered directly to pay the successful defendant costs.

Service – Steps required by rules of the court to bring documents used in court proceedings to a persons attention.

Several liability – liability whereby a person may remain liable for the whole claim even where judgement has been obtained against the others with whom they share liability.

Standard basis – A basis of assessment whereby the court will resolve any doubt as to whether the costs were reasonably incurred or where reasonable in a mount in favour fo the paying party; under the CPR, the costs would be subjected to a test of proportionality.

Statute bill – An invoice rendered by a solicitor to a client that is bona fide compliant with the requirements of s 69 of the solicitors Act 1974

Success fee – A type of additional liability that is the product of a percentage increase and the base costs to which, pursuant to a conditional fee agreement, it applies.

Third-party costs order – A non-party costs order.

Unqualified person – A person who has not been admitted as a solicitor and who does not hold a current practising certificate.

Wasted costs – Costs other than the costs ordered pursuant to the Court’s inherent jurisdiction, which are ordered against a legal representative as a result of that persons negligent, unreasonable or improper behaviour.

Wasted costs order – An order (a) that the legal representative pay a specified sun in respect of costs to a party or (b) for costs relating to a specified sum or items of work to be disallowed.

Without prejudice – 1. Without loss of any rights 2. Restriction on circumstances in which the content of negotiations conducted with a view to settlement may be revealed to the Court,

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Craig

Hi Nicolas, I would like to take this opportunity to thank you for swift help in getting the documentation processed last week. I was on a tight time scale and I was impressed that you called me out of normal business hours. You provided an excellent service for someone you’ve not worked with before.

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R Nabi

We have just completed on a buy and sell having used Versus Law for both sides of the transaction.
Versus Law have been immense throughout, with the Conveyancer looking after our ‘purchase’ working hand in hand with his colleagues to keep us informed of how the ‘sell’ was progressing too.
Amazing bunch of people. There should be more firms providing this high level of service.

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B Keane

Very professional and up to the task
I found versus law straight forward and very helpful.

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K Boon

i recently completed on a property and was guided really well by Katrina and Lisa. Ive never purchased a property before so really didn’t know what was involved. It was easy and seamless no stress at all followed by a price that was so much cheaper than other quotes I’d had

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M Rehman

Having had my PIA flight delayed for over 5 hours.. Anita Craig of versus law solicitors was a great help. Every step was made easy for me to understand and I will definitely be recommending yourselves to family and friends.

140 Reviews

A Ali

Versuslaw especially Anita Craig helped so kindly from 2018 for pia delay flight claim which was showing possible but Ms Anita Craig proved it again that versus law can do it. Thank you will use again and recommend 100percent.
R Nabi

We have just completed on a buy and sell having used Versus Law for both sides of the transaction.
Versus Law have been immense throughout, with the Conveyancer looking after our ‘purchase’ working hand in hand with his colleagues to keep us informed of how the ‘sell’ was progressing too.
Amazing bunch of people. There should be more firms providing this high level of service.
B Keane

Very professional and up to the task
I found versus law straight forward and very helpful.
K Boon

i recently completed on a property and was guided really well by Katrina and Lisa. Ive never purchased a property before so really didn’t know what was involved. It was easy and seamless no stress at all followed by a price that was so much cheaper than other quotes I’d had
M Rehman

Having had my PIA flight delayed for over 5 hours.. Anita Craig of versus law solicitors was a great help. Every step was made easy for me to understand and I will definitely be recommending yourselves to family and friends.
J Nugent

They made the whole process of my injury claim
simple and straight forward, They even managed to get
me my compensation before Christmas which I wasn’t expecting, A big thanks to Kulbinder Mehay
Steven P

Excellent work, thank you.
Liz

Nicola Nolan and Natalie Moylan are an excellent conveyancing team. We have used them more than once and recommend them to friends and family (who were also impressed). This time they were involved in us buying a property in Wales and kept us informed all the way through, even with covid restrictions causing problems. They are friendly, efficient and get the job done in a no-nonsense way which is what you need. They take the stress out of conveyancing for you. Very impressed and would recommend to anyone and everyone.
Gem

I was selling my home which had a complicated title and versus law was recommended to me. Natalie Moylan handled my case from start to finish and I couldn’t ask for anyone better! There were no obstacles that couldn’t be overcome and in a very fast turn around too. The sale completed in no time at all. Natalie was timely, professional and friendly and an absolute pleasure to have on my side. I would strongly recommend Versus law to anyone.
Bonnie

I have used the services of Nicola Nolan at Versus Law twice this year and was instantly put at ease and very impressed with the help received and the outcome achieved. Would recommend without hesitation
Daniel

I called to get some documents certified, the ladies on reception were so helpful. I am very happy with the service I received and will use Versus Law again.
M

Dealt with my flight claim hassle free and super quick, I was continuously updated every step of the way and overall really pleased with the outcome. A personal thank you to Anita as she couldn’t have made it easier for me and saw through any problems I had!
Richard

I purchased my first home in February, and used Versus as my solicitor. I dealt with Natalie Moylan from start to finish, who was excellent throughout. The purchase ended up being delayed and resulted in a quite hectic finish, but Natalie remained calm and professional at all times, whilst providing a very high quality of work. My thanks to Natalie and her team, for making a long purchase so much easier!
C Savage

We were selling our house (through Nick) and buying a house (through Natalie) and I can honestly say these are the best solicitors we’ve ever used (we had always used ones in London previously). They both kept us informed on a regular basis as to how things were progressing which I really valued and they were quick to respond to any queries I asked. They were professional, efficient, helpful and really nice to deal with. We were recommended Versus through local friends that have used them previously and I would definitely recommend Versus to anyone else asking me for a recommendation.
Thanks again Natalie and Nick.
J Percy

We used Nicola Nolan for our purchase/transfer of ownership. She was excellent from start to finish. We were fully informed of the process throughout and she was always friendly, approachable and very professional at all times. Would definitely recommend her at Versus Law. Thank you again
J Guntren

Amazing law firm for conveyancing!! My wife and I made an offer on a house 24th September and we were moved in by 20th December. It should also be noted that we were selling my wife’s apartment at the same time (also using Versus), further complicating everything. Thanks to Natalie, everything was done in a very efficient manner and she was very understanding of our situation.
P Godfrey

Many thanks to Anita and all the staff at Versuslaw, they made my flight compensation claim for delay a breeze. I would highly recommend them
G Ryder

The service and advise that we received from Versuslaw was exceptional. We had numerous issues with the house that we were buying and the team at Versus law guided us through the process whilst always looking out for our best interest.They were always prompt in responding to any question that we had and would update us on a regular basis. Thanks again to Nicola, Nick and Francine
Mark

Excellent, professional and friendly work from Nick, Nicola and Natalie. They were flexible and very helpful in pushing along the sale despite several hurdles. Would definitely use again in future and would recommend others do so too
C Keen

Absolutely superb service from Nicola Nolan. Highly trust and recommend. Honest attention to detail.
V Griffith

We would like to say a big heartfelt thank you to Saqib Kazam versuslaw
Once he took our case in for Holiday compensation He kept us up to date with every thing explaining every step he took this was not an easy case but he got us an excellent result a kind polite very professional young man. Highly recommend
J Williams

From the moment we rung Versus Law and spoke to the receptionist on the phone to the moment we completed on our first home, Versus Law were excellent. Our solicitor was Tom and not only did he keep us updated every step of the way but he was very professional, efficient, offered valuable advice and made the process of buying a house stress free. We couldn’t recommend Versus Law enough and we just wanted to say a huge thank you to Tom and the team. Joe and Kara
S Foster

Sarah handled my claim quickly and efficiently. It made the whole process easy and stress free. She was very professional and kept me informed every step. I would highly recommend Versuslaw.
H Cooper

We would highly recommend Versus law, especially Nick Wintrip (selling) and Nicola Nolan (buying). They both kept us up to date throughout the whole process. They were easy to get hold of and were very prompt to answer any questions/email. We would have no hesitation in recommending Versus law for conveyancing.
I Asaf

Fantastic service, very helpful and kept me informed at every stage
M Long

From start to finish Versus Law have been professional and helpful. Tom Reid was always available to talk to us and gave us updates regularly meaning we did not have to constantly chase up matters. We are very happy by the service and would recommend to anyone looking for a reliable solicitor.
Jill T

Excellent service. I was kept informed every step of the way. Natalie Moylan and Renee Burke were a pleasure to work with. Highly professional but with a personal touch. They both went above and beyond!
Danielle

Excellent service from start to finish from Nicola and Natalie! Super responsive to emails and all my questions as a first time single buyer. Natalie and Nicola make a great team and are so approachable. Definitely recommend them for property related legal services.
Frankie

Really happy with my experience using versus law, from start to finish they put my mind at ease as I wasn’t buying a house in the normal way, it was through a family divorce and there were time scales and dead lines to meet, versus law managed to conker my mortgage and speed things up to avoid any extra costs, nicola was always there to ease my mind when I had any concerns as things do get stressful whilst purchasing a property, the ladies on the reception we also a delight and couldn’t do more to make you feel comfortable in any situation, if you are thinking of using versus law to assist you through your mortgage then look no further as these guys couldn’t have done more for me, I couldn’t have been happier with my experience
Matt W

Nicola Nolan’s conveyancing service has always been excellent, I have used them several times in the last 5 years. In particular for my business I have found their relationship and understanding of Paragon Bank to be very useful. I would highly recommend.
Kay

Excellent decision to go with Versus Law! Nick Wintrip handled the very stressful job of our house sale with professionalism, calmness and a good sense of humour. We did everything via email, phone and post, and he was always quick in responding and keeping me updated every step of the way. Very competitively priced too. I would highly recommend Versus Law without the slightest hesitation.
O Li

Thomas Reid dealt with the sale and purchase of our properties. He was a pleasure to work with – very quick to respond to queries and very efficient in his work. As a result, the process went very smoothly with minimal delays. I would highly recommend competitively priced Versus Law and especially the professionalism of Thomas Reid.
Mr RS

Natalie Moylan dealt with the sale and purchase on my behalf. The whole process was very well handled with constant updates. The first solicitors I’ve used that’s responds within to an email within an hour! Would 100% use again!!!
Mrs LC

Recently dealt with Nick Wintrip at Versus law when selling my property. Found him to be professional, quick and thorough. Process went smoothly and I was well informed throughout the process. I received regular updates and all enquiries were dealt with efficiently. Nick made the whole process of selling my home stress free and a happy one! Your the best Nick – thank you again 🙂
Will highly recommend Versus Law Solicitors. They are the best
Jaxx

Would recommend Versus Law for conveyancing; Nick and Natalie we’re our team with Nick the main contact, thank you Nick and Natalie for making the conveyancing experience as stress free as possible.
Paula

Great experience working with Versus Law. Excellent level of professionalism from Thomas Reid who provided clear, precise information. Highly recommended from my side. Thanks to Tom and the team.
D

Fantastic experience with Natalie and her colleagues. Email updates throughout the home buying process, estimates of how long it would take to get her work completed and local knowledge which speeded up the process. 100% recommended.
R Napier

Really good and really helpful got things sorted alot quicker than anticipated very cooperative
Wetherill

What an outstanding team they turned my purchase around within the set time frame and very professional at all times.
They went above and beyond reassured myself throughout the process.
As being a first time buyer I felt this was most important I would recommend them highly.
Nasir

Versus Law dealt with my house sale from start to finish in a most professional manner. A friendly, professional, competent team who get the job done within the time parameters. I highly recommend this firm.
Colin and Yvonne

Absolutely brilliant service as always.
This is the third time using Versuslaw and they never fail to impress. Natalie and Nicola are real diamonds and you really get the sense that they actually care about you.

We actually live in London, but continued to use them for our London property because of our previous experience with them.
Thank you guys, would highly recommend you to anyone.
B Man

Excellent service!!! We are really happy with the service VersusLaw provided to us. Being first time buyer, we dint have much idea about the whole process and had lots of questions. They have given proper and clear response on time to everything we have requested. For us, one of the property got cancelled in between the process because the owner decided to not to sell that property few days after accepting our offer. Though there were searches and procedures done already for that property VersusLaw did not ask Fee for that purchase as they understood the difficult situation we were in. When we found our next property, we had no doubt whom to contact. We are really happy and totally satisfied by the service Nicola, Natalie and their team offered. We will highly recommend your service to anyone,
Ross Grant

Today I have completed on the purchase of my very first apartment, and it just wouldn’t have been possible without the INCREDIBLE knowledge, guidance and GENUINE care of Nicola, Natalie, and the entire Versus Law team.

This purchase was far from straightforward, with lots of potential pitfalls – all navigated with professionalism, patience and an impeccable attention to detail by Nicola.

Nic went well above and beyond the call of duty to look into some extremely complex accounts and repair budgets to the apartment block in question – something I would have completely overlooked.

As a result, with her guidance, I managed to negotiate a £2,000 reduction in asking price – something I’m sure other solicitors would have let slip through the net.

That’s a genuine £2000 saving – a lot of money for a first-time buyer.

You get a real sense that these guys actually CARE – they make you feel more like a friend, than a client – and don’t leave a stone unturned when it comes to conveyancing. If there is anything to uncover on a property, trust me, Nicola will find it!

In essence, Versus Law made what could have been a rather stressful situation, easy and straightforward.

Communications and response times were brilliant, with daily updates coming via phone and email – and I never felt rushed by anyone when I had queries.

I honestly cannot recommend Versus Law enough.

I’m going to pick up the keys to my apartment now – and won’t be using anyone other than these guys for all future property purchases/ sales.

THANK YOU SO MUCH Versus Law – I’ll be raising a glass of champagne to you all at the housewarming! 🙂
CW

Great service provided by Nicola and her team.
Always communicating with updates for the completion of my property.
Would highly recommend
Jackie

I used Versus Law to buy my first house. Had no idea how it worked but I must say that the conveyancing team held my hand all the way through. On the day of completion there was a delay and they stayed in office late to ensure it went through so I wasn’t waiting over the weekend. It was an absolute pleasure to deal with Versus Law and I wouldn’t hesitate to recommend them. It was nice to speak to people who I felt cared for me and put my interests first at all times. Thank you so much for your help
Andy

Versus were great to deal with when they provided the conveyancing for my house purchase. I was able to complete the process without needing to physically travel to their offices and my solicitor was always available for any questions when I was completing all the paperwork. Everyone was very friendly to speak to.
T Baguley

Fantastic conveyancing service from Nicola and Natalie, they kept on top of everything from start to finish and were always available whenever we had questions. I’d be happy to recommend them to anyone.
David JC

Very impressed with every aspect of Versus Law, from service they provide to the attitude of the staff. Always called back when they said they would and had a laugh with them too. Will definately use again (if I need to).
Mrs Morris

I would recommend Versus Law to anyone, particularly Nick Wintrip, who looked after us extremely well. They are very efficient and communicated with us fully at all times. We were able to contact them by phone and e mail and did not need to rely on letter going back and forth. Nick is really friendly too and put us at ease throughout the end to end sales process. Thank you.
Tanita

Nicola and Natalie did a wonderful job. They were friendly and patient. Answered my many many questions and got the job done very efficiently. I am highly impressed and would definitely recommend them.

A Ali

R Nabi

B Keane

K Boon

M Rehman

J Nugent

Steven P

Liz

Gem

Bonnie

Daniel

M

Richard

C Savage

J Percy

J Guntren

P Godfrey

G Ryder

Mark

C Keen

V Griffith

J Williams

S Foster

H Cooper

I Asaf

M Long

Jill T

Danielle

Frankie

Matt W

Kay

O Li

Mr RS

Mrs LC

Jaxx

Paula

D

R Napier

Wetherill

Nasir

Colin and Yvonne

B Man

Ross Grant

CW

Jackie

Andy

T Baguley

David JC

Mrs Morris

Tanita

Case Study: Dental Negligence Claim

Introduction:

Referral for Specialist Care:

Diagnosis of Permanent Nerve Damage:

Breach of Duty of Care:

Improper Procedure Execution:

Consultation with Dental Expert:

Compensation Award:

Conclusion:

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