15-Month Delay & Professional Negligence - Rear Encroachment Ignored
AVOID - Complete failure to act despite clear evidence and instruction.
A paralegal at Irwin Mitchell handled my boundary dispute under Aviva/Arc Legal Expenses Insurance.
Timeline of incompetence:
• 25 Dec 2024: Initial Letter Before Claim sent re front encroachment (Area A) by a privately instructed solicitor
• 26 January 2025: Irwin Mitchell engaged via Arc Legal
• 7 March 2025: I email photos/video of new permanent rear structure (Area B) being built on my land during their retainer
• Their response: "Noted on file... will consider within our letter"
• Result: No expanded LBC. No injunction. Rear encroachment completely ignored
Independent barrister opinion: 80% prospects of success for combined front+rear claim (£75,600 value). Irwin Mitchell rejected this outright.
Outcome:
• 15-month delay since original LBC
• Firm declined instructions due to "disagreement over rear area"
• Insurer now questioning rear claim viability due to their inaction
• Neighbours consolidate position while I suffer ongoing trespass
Clear professional misconduct: Explicit notification + evidence acknowledgment + zero protective action = breach of duty.
Currently pursuing: SRA complaint, Legal Ombudsman, professional negligence claim.
Do NOT use Irwin Mitchell for property disputes. They will leave you exposed.
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