Page 33 - Bundle for MF Final

Bates no 032

Michael.Comer@btconnect.com

From: MJC <Michael.Comer@btconnect.com>
Sent: 06 October 2017 12:22
To: Siggers, Louise
Subject: FW: Your Claim

Expires: 05 January 2018 00:00

Here it is!!

From: Jackie Hunt [mailto:JHunt@kingsleynapley.co.uk]
Sent: 06 October 2017 11:09
To: 'ssc.solheim@btinternet.com' <ssc.solheim@btinternet.com>
Cc: 'Michael.Comer@btconnect.com' <Michael.Comer@btconnect.com>
Subject: Your Claim

Sent on behalf of Terrence Donovan

Dear Sigve

Thank you for your email of 5 October 2017.

It appears that I was wrong to suspect that you wished to be released from your retainer with my firm.
apologise for that, and any distress that it may have caused.

I am also encouraged to learn that you have not lost faith in your legal advisers, and of course I would like
to find a way of bringing your case to a successful conclusion.

Unfortunately, there is one further difficulty in that your email raises the possibility of professional
negligence. I cannot see any basis for such a claim, and it may be that it was included simply for
persuasive effect. However, I am afraid that I do have to take it seriously. I must report it to my firm's
insurers and my firm's risk partner. I must also consider whether it puts me in a position of conflict with you
- the risk being that I will conduct your case with a view to protecting my firm's position, rather than
advancing your best interests.

In broad terms, in a quantum only case (which yours now is) professional negligence will only arise if a
breach of duty causes the claim to be worth measurably less than it otherwise would have been. Given
that we are only at the stage of serving the Preliminary Schedule, that we have gathered all of the
necessary evidence, and that we have made no irrevocable decisions about how to proceed with your
case, I cannot see how that may be so.

Nevertheless, I would be grateful if you could think carefully about the suggestion of professional
negligence, and if you feel that it has merit, please will you give more details. Alternatively, if it was simply
concluded for persuasive value - and I can completely understand why that might be - it would be helpful if
you could clarify that.

Finally, I am duty bound to inform you that Mr Comer sent an email to me last night. There was nothing
covert or sinister about it, and on the contrary, it was a helpful and conciliatory intervention. Therefore, I
am copying this email to him, and at the same time, I would like to extend my thanks to him for his help.

I look forward to hearing from you, and I will in any event contact you early next week.

Yours sincerely

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