FACT FINDING FOR LAWYERS : HOLIDAY CLAIMS: SRA GUIDANCE – NOT A WALK ON THE BEACH
The Solicitors Regulation Authority has issued a specific warning notice in relation to holiday sickness claims. The notice, issued on the 6th September 2017, contains important guidance in relation to the role of the solicitor in investigating facts. The guidance given here, particularly the need to properly investigate the facts and advise in relation to the preservation and retention of evidence, is of wider interest.
THE NEED TO CHECK THE EVIDENCE
It is no secret that there has been a rapid expansion in holiday sickness claims. Nor is at a secret that that some of this expansion has not been legitimate.
The SRA observe
Advice to deleted evidence is “improper”? This is an absurd understatement – any solicitor found to have provided such fraudulent advice should be immediately struck off.