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Professional Negligence

If you feel you have been provided with incorrect advice, which has lead to a financial loss, you can consider pursuing a professional negligence claim to recover your losses.  In order for your claim to be successful, you would need to be able to establish that the professional has failed to meet the common standards of practice in their field.

We can advise on claims against professionals including:

  • Solicitors
  • Barristers
  • Accountants
  • Surveyors
  • Financial advisors
  • Tax advisers
  • Architects

Our Dispute Resolution team has extensive experience of a broad range of professional negligence disputes.  We adapt our approach in each case to meet the client’s aims and to reflect the specific circumstances of the case.  We are skilled in using litigation and all forms of Alternative Dispute Resolution (including mediation, arbitration and adjudication) to resolve claims.

Frequently Asked Questions

Are these types of dispute expensive?

As with any legal dispute, costs are a very important consideration and therefore these must be carefully discussed at the outset of a claim. Court proceedings can be very expensive but the vast majority of disputes reach a settlement without the need for a final court hearing.  We offer a number of different funding options to clients and will always seek to offer an appropriate method of funding a claim, together with regular costs updates as the claim progresses.

How long do I have to make a claim?

The relevant limitation period in most professional negligence is six years from the date of the negligence, but this can be extended in circumstances where the negligence only comes to light at a later date.

How long do claims take?

It is difficult to give an accurate timescale as each dispute is different and the timescale largely depends on whether an early resolution can be achieved.  If a settlement can be negotiated informally without legal proceedings being necessary then a typical dispute may be resolved in 3-6 months.

What if the Defendant is no longer trading or is insolvent?

Typically, most professionals will carry indemnity insurance to cover against any claims.  We will therefore ascertain whether there is sufficient cover in place before embarking on any claim.

Success Stories

Failed to carry out a claims management role effectively

We represented a company in a claim against an insurance broker, for failure to carry out a claims management role effectively.  We were successful in recovering the losses that our client had suffered because of the insurance broker’s negligence.

Failed to ensure that sufficient land was retained

We acted on behalf of a property developer in in a claim against a firm of solicitors who failed to ensure that sufficient land was retained upon a sale of the initial plots to allow the remaining scheme of development to be undertaken.  This negligence resulted in substantial losses to our client.  We were successful in securing a negotiated settlement during the course of court proceedings.

Failed to ensure that suitable rights of access were granted

We acted for a client in bringing a professional negligence claim against a firm of solicitors who failed to ensure that suitable rights of access were granted to the property that our client was purchasing.  We were successful in rectifying the right of way issues and secured an indemnity from the solicitors in respect of our client’s legal costs.

Failed to identify a planning restriction

We represented a client in relation to a claim against a firm of solicitors who had failed to identify a planning restriction against the use of a property as a holiday let, in circumstances where the client had purchased the property for that very purpose.  We were successful in negotiating settlement equivalent to the diminution in value of the property, together with payment of our client’s costs.

Failed to provide appropriate advice

We acted on behalf of clients in relation to a claim against a firm of solicitors who failed to provide appropriate advice in relation to the introduction of capital to a company, which resulted in an unexpected tax liability.  We successfully secured recovery of our client’s losses and payment of costs.

Failed to record the parties’ intentions regarding beneficial ownership

We acted on behalf of a client in relation to a claim for professional negligence against a firm of solicitors, where a property was purchased in joint names but the instructed solicitors negligently failed to record the parties’ intentions regarding beneficial ownership.  We were successful in recovering damages and costs.

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Rob  Stubbs
Rob Stubbs
Head of Dispute Resolution
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