Our expertise in Professional Negligence claims
We have consistently been recognised for our ability to effectively advise clients on professional negligence matters having been named in the prestigious legal directory, “The Legal 500”.
Both Richard Lane and Sarah Perry who work within the Professional Negligence team are also recognised by the Legal 500 for their ability specialising in Professional Negligence matters.
Richard and Sarah are supported by a team of solicitors including a solicitor-advocate (all Higher Courts) and a legal executive who are all able to efficiently advise you. They both have in excess of 15 years experience in dealing with professional negligence claims and have handled several hundred cases for two major lending institutions involved in professional negligence matters. One of the reported cases being the Bradford and Bingley Building Society –v- Hayes and Dumphys. Sarah has acted on one of the leading cases on breach of fiduciary duties (Swindle –v- Harrison).
We advise upon a full range of professional negligence claims valued in between £5,000 and several millions.
Funding
Due to our wealth of experience, from an early stage we will be able to confirm whether we can act on your behalf on a conditional fee basis, more commonly known as “a no win no fee agreement”. Such an agreement simply means that if we do not succeed with your claim you will not have to pay for our services. However, if we are successful with the claim you will be responsible for our legal costs in accordance with the conditional fee agreement. However, your reasonable legal costs are often recovered from the opposing party if you are successful.
Examples of cases in which we are able to advise
Claims against solicitors including:
- Giving wrong advice.
- Failing to give advice.
- Failing to issue a claim before the expiry of a limitation period.
- Failing to draft a will in accordance with instructions therefore leaving disappointed beneficiaries.
- Misconduct of litigation.
- Failing to carry out searches or to advise a client when purchasing or selling a property whether it be residential or business premises.
- Business tenancies – failing to give notice or to issue proceedings within the specified time limit resulting in the right of a renewal or tenancy being forfeited.
Claims against barristers including:
Advocates are no longer immune from professional negligence claims and if through their negligence one of the above occurs, they can be liable in negligence.
Claims against insurance brokers including:
Mis-statement regarding the re-insurance.
Failing to effect insurance.
Effecting insurance, but not in the terms specified by the client.
Effecting insurance which does not meet the client’s requirements.
Failing to exercise discretion reasonably.
Failing to act with reasonable speed.
Liability arising out of material non disclosure.
Making a misrepresentation to the insurers.
Failing to keep the client properly informed as to the existence of terms of cover.
Failing to give proper advice.
Claims against accountants including:
- Loss of investment(s) or advance.
- Over payments.
- Cost of fresh Orders and investigations.
- Late notices and returns.
- Incorrect advice in relation to tax saving schemes including Employer Benefit Trusts, retirement relief, holdover relief.
Claims against surveyors including:
- Failing to carry out instructions.
- Insufficient knowledge or experience.
- Failing to inspect a property thoroughly therefore missing defects which may include dry rot, woodworm, defects in roof, subsidence and cracking and camouflage defects.
- Failing to make sufficient enquiries.
- Inadequate report(s).
Claims against financial advisors including:
- Failing to advise upon the risks involved in investing monies which result in a loss.
Up to Date Law
We pride ourselves on being up to date with the current legal information concerning professional negligence claims. Listed below are examples of current cases affecting principles of professional negligence.
