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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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At my divorce dispute resolution hearing my solicitor failed

Customer Question

At my divorce dispute resolution hearing my solicitor failed to inform me that I was liable to pay income tax on my ex-wife's PP.
Had I known that I was liable to pay income tax on her PP I would have set the figure lower.
PP is £1200 per month and the tax liability on this amount is approx £200 per month - which I have to pay for the next eleven years until I am 65.
Do I have grounds to seek compensation from my solicitor?
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.
1. You have the ability to sue the solicitor here but you will only receive nominal damages. This is because you cannot avoid a lawfully imposed obligation such as a tax demand and just because you were unaware of it, seek to claim recompense for not altering your behaviour in relation to it. There have been several cases where clients have sued solicitors for failing to advise them as to the tax consequences of certain courses of action. However, all have resulted in no damages award or nominal damages. This is because the courts strongly set their face against tax avoidance. Anyone seeking to argue that there tax liability would have been lower and they would have altered their behaviour if they had known of a tax demand has been given short shrift. Here, you would be better off seek to have the case re-entered and the basis for it changed. You can sue your solicitor but it is unlikely to yield anything other than heartache.

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