The importance of instructing a qualified legal professional in serious injury claims has been highlighted by a new report in The Times.
In the case in question, an unqualified legal adviser, who held himself out as a competent legal professional, caused a man to miss out on damages and incur huge costs in a medical negligence case.
Paul Wright, from Essex, suffered permanent disability after three plastic bags were left inside him during an operation in 2004. The court ruled that as a result of negligent advice from George Rusz and his company, Troy Lucas, Mr Wright had been able to pursue only part of a claim against Basildon and Thurrock NHS Foundation Trust.
In 2011 the trust admitted limited liability and settled the claim for £20,000. However, Mr Wright had to pay £75,000 towards the hospital’s legal costs because, the court said, of the way that Mr Rusz had conducted the case. Mr Rusz had a law degree from the Open University but no other legal qualifications.
The High Court ruled that Mr Rusz owed a duty of care to Mr Wright, despite not being legally qualified. Ordering Mr Rusz to pay £263,759 to Mr Wright, plus £73,200 costs, the judge said that the compensation was what Mr Wright was likely to have received had he settled his complete case against the hospital.
It is the first time that the High Court has ruled on the duty owed to the public by unqualified advisers, known as McKenzie friends.
In recent years there has been an increase in the number of McKenzie friends, who are uninsured, unqualified and unregulated.
At Nockolds, we do not believe McKenzie friends have any role to play in serious injury claims. The importance of instructing a qualified, experienced legal professional with a proven track record has never been greater.