Free Traffic Legal Advice

Subject: Confirmation of Settlement Authority – [Claim Ref/Case No.]

Dear Sirs,

I write regarding the SCMS mediation held on [insert date].

The mediator stated that Ms Sanah Haleem (paralegal, BW Legal) held written authority to negotiate and conclude settlement on behalf of the Claimant. For the avoidance of doubt, this request does not seek disclosure of any without prejudice content or negotiation positions. It is confined strictly to procedural matters relevant to conduct and costs.

Please confirm:

• Whether Ms Haleem personally attended the mediation; and
• That the individual who did attend held full, current written authority from your client to negotiate and conclude settlement at that session without further reference.

If authority was delegated, please:

• Identify the delegator;
• Confirm the date and scope of the delegation; and
• Provide either a solicitor-signed confirmation or a redacted copy of the delegation document.

If it emerges that the session proceeded without a representative holding full settlement authority, I will rely on that conduct in relation to costs under CPR 27.14(2)(g). I will invite the court to draw adverse inferences and consider appropriate sanctions, including recovery of wasted costs for an abortive mediation. I reserve all rights to make any appropriate application.

Please respond within seven days.

Yours faithfully,

[Your full name]
Defendant

Subject: Final Notice – Settlement Authority Confirmation and Conduct Concerns – [Claim Ref / Case No.]

Dear Sirs,

I refer to my email of [date] (no response received).

This is a final 7-day notice. Please provide by return:

1. Confirmation whether Ms Sanah Haleem attended the SCMS mediation on [date]; and
2. Confirmation that the individual who attended for the Claimant personally held full, current written authority from your client to negotiate and conclude settlement at that session without further reference.

If authority was delegated, identify the delegator and confirm the date/scope. A solicitor-signed certification or a redacted copy will suffice.

Absent a satisfactory response within 7 days, I will lodge a formal complaint with the SRA (copied to your COLP) on the following grounds for investigation:

• Potential misleading/non-transparent communications with an opposing litigant regarding the representative’s decision-making authority during ADR (SRA Principles: integrity; public trust; Code – not to mislead or cause others to be misled).
• Failure to engage substantively with reasonable correspondence material to ADR effectiveness and case management (Principles: proper standard of service; public trust; Code – effective, prompt, clear communication).
• Supervision and reserved activity concerns: if a non-authorised person attended without genuine settlement authority or if reserved acts are being undertaken without appropriate authorisation/supervision (Principles: integrity; Code – proper supervision, competence, and control of work).

For the avoidance of doubt, if it transpires the mediation proceeded without a representative holding full settlement authority, I will place this before the court on conduct and costs (CPR 27.14(2)(g)) and, if necessary, seek appropriate directions/sanctions.

Unless you indicate otherwise, I will treat your continued silence as refusal to confirm authority.

Yours faithfully,

[Your full name]
Defendant
[Your address]
[Your email]

Ok will do. What does the SRA complaint achieve ? Do they lose their solicitors licence?