Professional Negligence
When you place your trust in a professional, you expect them to provide advice and services to the standard required of their profession. When they fail to do so and that failure causes financial loss, the consequences can be significant for you and your business. We help businesses pursue claims against a wide range of professionals, including accountants, surveyors, architects, brokers and solicitors. We'll review the circumstances of your case, explain your options clearly and work with you to seek to recover the losses you've suffered.
Assessing your claim
We will assess all the relevant factors in your case to determine if a duty of care was owed, if there has been a breach by of that duty and if so whether that breach caused a loss. We will advise you of the merits of your claim and consider a commercial strategy from the outset.
Instructing an expert
Professional negligence claims often involve the instruction of an expert to establish that the actions of the professional in question were actions that no reasonable member of that profession would have undertaken in the same circumstances. We can identify the appropriate expert and expertly instruct them to prepare a report.
Pre-action steps
After a thorough investigation, we will initiate your claim through robust and detailed pre-action letters to your opponent.
Professional indemnity insurance
Many professionals carry professional indemnity insurance to protect against negligence claims. Whilst there can never be a guarantee of recovery, the existence of insurance can improve the prospects of recovering the losses you've suffered. In some cases, insurance may also contribute towards the legal costs associated with pursuing a claim. We'll investigate the availability and scope of any relevant insurance cover at an early stage.
Alternative dispute resolution
Resolving a dispute through negotiation can often be quicker, more cost effective, and less disruptive than formal court proceedings. We'll help you explore settlement opportunities provide practical advice on the options available. Where appropriate, we'll also guide you through alternative dispute resolution methods, including mediation, to help achieve the best possible outcome for your business.
Questions we’re often asked
Yes, broadly a period of six years from when the cause of action accrued. When the clock starts ticking depends on the nature of the cause of action (contract or tort).
Any loss must be a foreseeable consequence of the breach of duty and cannot be pure economic loss.
Most cases are resolved without the need to attend court. However, in some cases, where the dispute cannot be resolved between the parties, a final hearing will be required to determine the outcome. If a final hearing is required, then you will need to attend to give evidence.
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For more information or a no obligation discussion, please call or email our team today.
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