Question 1 of 10

One of your colleagues in chambers has to return instructions in a family case, due to illness. You are an experienced family practitioner and accept the instructions from the solicitor to continue with the case. On reading through the papers in preparation for the final hearing in a few days' time, you see that your colleague has miscalculated the other side's income and assets, so that your client's claim for income is pleaded for a lower figure than it is worth. You know that you will have to make an application to the Court to amend the claim for the correct amount. You also know that there is a risk of an order for wasted costs in the application, to be paid by your colleague, as they made the mistake.Which of the following best describes what you should do?

A. You should tell the solicitor that the application to amend must be made, but you should not tell your colleague. B. You should not say anything. If the error has not been spotted by now, it is too late. Moreover, your colleague is ill, and you do not want to cause them further stress. C. You should withdraw from the case as you do not want to prejudice the client's interests, which are paramount. D. You should tell the solicitor that the application to amend must be made, because the figures were miscalculated. You should also tell your colleague, and make them aware that they may need to contact their insurer because there is a risk of wasted costs.