Trusted advisers for professional negligence claims
Professional Negligence
Professional negligence claims arise when a professional you trusted to act on your behalf does not act professionally when looking after your interests, causing you some form of loss. In some cases the advice from the professional may have been misleading or inaccurate.
It is often difficult for you to identify negligence. You may not know enough about the area, but if a professional breaches their duty of care to you then you may have the right to bring a claim against them. Acting early and seeking independent legal advice is vital.
Whether you are an individual, a partnership, company or other body, you may have received negligent advice and we can assist you to resolve this. Our specialist professional negligence team can help at an early stage to try and prevent a bad situation getting any worse. It may be possible for matters to be put right at no cost or risk to yourself and this is likely to be easier the sooner the issue is reviewed. Our team aim to deal with all claims as quickly and effectively as possible and understand the importance of this for you, especially if the problem has put you in financial difficulty.
If you wish to discuss a claim, please contact Fiona Parry or David Oram.
What is professional negligence?
Professional negligence claims are legal claims against professionals such as solicitors, surveyors, accountants and professional trustees. A professional adviser may face claims based on contract, breach of duty of care (tort), breach of fiduciary duty or breach of statutory duty.
Professional negligence occurs where a professional fails to perform his responsibilities to the required standard. A claim against a professional is usually based on the breach of a contractual term (express or implied) to take reasonable care in the carrying out of their duties to clients or for breach of a duty of care in tort. It may also be possible for a person to bring an action against a professional in contract or tort, even though that person was not actually a client of the professional. This can be important for people who should have been beneficiaries under a will, but who were not due to the negligence or delay of the solicitor.
Professionals and examples of negligence
Given professional negligence can cover so many situations, it is impossible to provide examples of all types of negligence which may occur. Specialist help is required to identify if a problem is capable of forming a professional negligence claim. We provide some examples for illustration.
By providing this information users and clients of those providing professional services will be more aware of the duties that are owed to them by professionals, and find it easier to identify when these duties have been breached, and take appropriate advice and action to seek remedies for any such breach.
Solicitors
Solicitors
Accountants/auditors/tax advisors
Some examples of common negligence problems:
Negligent tax advice
Negligent tax planning advice
Failing to meet tax deadlines
Errors in accounts or tax returns
Failing to submit VAT returns
Negligent advice on VAT recoverability
Negligent audit
Failing to detect fraud
Negligent advice on estate tax planning
Failing to warn of all the risks in a tax planning transaction
Negligent valuation of company shares/business
Failure to conduct thorough due diligence
Incurring HMRC fines or penalties
Overpayment of tax/incorrect assessment of tax liabilities
Negligent tax avoidance advice resulting in an accelerated payment notice from HMRC
Surveyors
Surveyors
Architects / engineers / quantity surveyors / building surveyors
Architects / engineers / quantity surveyors / building surveyors
Financial advisors/mortgage brokers
Financial advisors/mortgage brokers
Insurance brokers
Insurance brokers
IT professionals
IT professionals
Barristers
Barristers
Liability of professionals
Contract
It is generally the case that a professional adviser will enter into a contract with his client which will govern the work to be carried out and the duties owed to the client. The contract will set out express terms which may form the basis of contractual liability, however, there may also be implied terms giving rise to liability.
Tort
Tort
Breach of fiduciary duty
Breach of fiduciary duty
Breach of statutory duty
Breach of statutory duty
Mitigation
Mitigation
Time limits
Time Limits
Professional insurance cover
Professional insurance cover
Riskshare approach to bringing claims
Riskshare approach to bringing claims
Complaints to regulatory bodies
Not all persons affected by bad advice will wish to formally pursue legal claims against their advisors. Sometimes, all that is required is an apology. In such circumstances, it is still possible to complain to the professional’s regulator e.g. Solicitors Regulatory Authority and for redress to be sought or sanctions to be imposed by that regulator. This may be because the advice has been negligent but for one reason or another, there has been no loss or the loss has been fully mitigated but an individual still feels aggrieved by the service they have received.
Useful links:
FAQ's
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My solicitor was negligent four years ago - have I waited too long to bring a claim?
You have up to six years from the date of the negligent act to bring a negligence claim. Also, you could have the right to bring a claim in a longer time period as there is a further right to bring a claim within three years of you having the necessary ‘knowledge’ required for bringing a claim.
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What if I lose? Will I have to pay my opponents costs?
Not necessarily. Whilst the general rule is an unsuccessful party in litigation would need to pay the successful party’s costs. It is usually possible to obtain an insurance policy (‘after the event’ policy or ATE) which is a type of legal expense policy which is designed to pay the opponents costs in the event of not succeeding with the claim. It is also sometimes possible to include cover for your own disbursements (counsel fees/experts fees and counsels fees and the like) in the event of being unsuccessful.
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Do I have to go to court?
Not necessarily. Parties are encouraged to try to resolve disputes at an early opportunity. This is encouraged by the pre-action protocols which the court requires the parties to go through before proceedings are issued. It encourages the parties to set out what the case is about and any grounds of defence, and for the parties to exchange information about the claim to try to narrow the issues in dispute and try to resolve it. The parties are also required to consider alternative dispute resolution (ADR). This can take a number of forms including a mediation where the parties will meet with an independent facilitator (or mediator) and they can try to settle the claim in an informal setting without having to attend court.
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My problem is not listed on your website - does that mean I cannot bring a claim?
Negligence claims can take many forms depending on the circumstances of the case. You may well have a case. Please contact us to discuss if we can help.
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Can you act for me on a 'no win no fee' basis?
We often can act on a ‘no win no fee’ of CFA basis. Please contact us for a no-obligation fee assessment to see if we can help.