Background: A Claim in Jeopardy
The claim was originally managed by a different law firm, which entered administration in late 2024/early 2025. During the transition, critical court deadlines were missed. The Landlord’s Solicitors applied to have the claim struck out on the basis of missed Directions.
The Court correctly granted the strike-out and ordered the tenant to pay the Landlord’s legal cost estimated in the sum of approximately £3,600. This caused significant distress to the tenant, a lay individual with limited income and savings, who had been left without representation through no fault of her own. The claim started in 2024, FDM were instructed in summer 2025 and works were still outstanding.
FDM Solicitors Step In
Upon instruction, FDM Solicitors filed an Application for Relief from Sanctions under CPR 3.9. Despite opposition from the Landlord’s legal team, at the hearing the Court reinstated the claim with relief from further sanctions— a critical win for the tenant.
Settlement Achieved
Following reinstatement, FDM Solicitors negotiated a comprehensive settlement that included:
- The landlord undertaking the remaining repair works;
- Payment of the Tenant’s legal costs;
- A compensation award to the tenant;
- And crucially, a provision to deal with the previous cost order against the tenant.
This meant the Tenant could finally put the ordeal — and the debt — behind her.
A Wider Concern
Sadly, there have been several instances of housing conditions firms that have entered administration in recent years. When firms collapse, through no fault of their own, it leaves both staff and Claimants in precarious positions. Litigation is not without risk, and when Court diaries are missed, cost consequences are inevitable.
While this case ended in success, it raises a sobering question: how many other tenants have been left without representation, burdened by adverse cost orders, and without access to justice? The sector must reflect on how to better safeguard vulnerable litigants when firms fail.
The case was handled by Head of Department and Solicitor, James Charters. FDM worked collaboratively on this case with input from John Boylan (Legal Director) and HDR Manager and FCILEx Kelly Vauson.
The outcome reflects FDM’s commitment to delivering positive outcomes and not shying away in difficult circumstances.
