Professional Negligence
Professional negligence claims arise where the services provided
by a professional fall below the standard that one would reasonable
expect and the client suffers loss as a result.
In most cases it is the professional's
client who will be able to claim for the loss they have suffered,
but it is sometimes possible to establish a claim as a third party:
for example if you have relied on a valuation in a conveyancing
matter that was prepared for your mortgage company. We are
professional negligence solicitors with a wealth of experience of
this type of case. We can handle claims against all types of
professionals working in property-related fields such as
solicitors, surveyors, architects, planning consultants, mechanical
and electrical engineers or financial advisors. We are also happy
to represent professionals where a claim is being brought against
them.
There is a pre-action protocol for professional negligence
claims which provides an opportunity to negotiate before
proceedings are started. Many cases can in fact be resolved at this
stage, and more are settled through the use of alternative dispute
resolution methods such as mediation. Our role during these early
stages is to help you to understand the strength of your own
position, to present your case to your opponent, to advise on
negotiation strategies such as the use of costs-protection offers
and to represent you in any settlement discussions or
without-prejudice meetings. We have established connections with
barristers and expert-witnesses who specialise in this type of
claim and their assistance can be very valuable in the early stages
of building your case, as well as in preparing for and acting at
trial if necessary.
If a satisfactory settlement cannot be achieved then we will
ensure that you are placed in the best possible position as the
matter proceeds to trial. Court proceedings can be stressful, but
we find that much of the strain can be alleviated where the client
is well-prepared and well-informed. Where necessary we are happy to
help with enforcing a judgment in your favour and recovering any
costs awarded to you by the court.
In many cases where there is a claim against a professional you
may find yourself involved in a related dispute with a third party
as a result of the professional's fault: perhaps because their poor
advice, or drafting, lead you to sign an unsatisfactory contract,
or one you are unable to perform; or because a building project is
delayed due to inaccurate plans or third party rights that your
solicitor failed to warn you about. In these situations we can
usually assist with the main dispute as well as the professional
negligence claim and can also advise you on how to co-ordinate the
two disputes to ensure that your position is protected.
We are a member of the Professional Negligence Lawyers
Association.