We offer Smart and Expert professional negligence services to clients in london and beyond
Contact our Dispute Resolution team
professional negligence solicitors
Sometimes professionals make mistakes with the work they are assigned with. Such mistakes can cause a problems for clients, and they can cause severe issues. When such a dispute arise, it is known as professional negligence. If you have such an issue, our highly experienced litigation team against professionals such as:
- Estate Agents
- Insurance brokers
In such matters, most professionals will have written agreement which are in compliance with the law as well as their own professional body rules and regulation i.e. the contract. As a result, the dispute between the parties would be judged based on this contract. Professionals owe a duty of care to their clients which is why you can pursue a claim for breach of contract and negligence.
In assessing professional negligence, the main focus is to establish the probability that the professional breached their duty of care, and as result you have suffered losses. These losses form as the basis for your claim.
Why use Freeman Harris for your professional negligence case?
Professional negligence is a specialist area of law and it’s important to use the services of a law firm with experience of dealing with bringing claims against professionals. We have a dearth of experience in assessing and working on such matters. We take a staged approach in identifying, assessing losses and making a claim. There are pre-action protocols and options to initially pursue the relevant ombudsman or for a professional regulatory body.
If have a dispute with a professional service provider as a result of their negligence, we can investigate the matter and assess your chances of success based on our meetings and the evidence you provide. We offer a number of fee structures, and where appropriate, we will consider no win no fee arrangements after the initial risk assessment.
In simple terms, professional negligence is when a professional you have instructed to work with fails to perform their duties to the required standards or breaches a duty of care. The professional's negligence would result in you suffering a loss.
A professional could be a solicitor, an accountant, an investment manager or any other professional who had been instructed to act for you on a formal basis.
If you want to understand if the professional you worked with is negligent and they have failed you, you can ask us to assist you with the initial research.
If you have received a poor service from a professional, it is only worth making a claim if you have made significant losses. These losses need to be financially valued so your claim can be calculated.
The courts assess the financially value of the loss you have suffered from, and their aim is to put you in the position that you would have been if the professional wasn't negligent.
An example of this would be a Financial Advisor giving his client factually incorrect information, which resulted in the client loosing a large amount of money. The evidence in such a case would require a third party review of the advice or service provided, and it must be deemed to be negligent in order to make a successful claim.
Providing a cost estimate for such matters is not easy because every case is different. The way we work is that we break down each part of the process and provide a quotation for that. The breakdown could be as follows.
- Initial review and advice - £600 for 2 hours worth of work
- Discussion of arrangements we can offer including CFA, DBA or an hourly rate
- The need to collect evidence from third party sources will incur costs, and we will inform you about that.
Court proceedings needs to be issues within six years of the date of the breach.
If you are left unaware of the right to claim and the 6 year period passes, you may still be able to claim compensation as time can run from date of knowledge.
The rules are different for people under 18 and those who are disabled. Time for minors runs from date they reach 18 years of age.
It is difficult to say if your professional negligence claim will end up in court. Most if not all professionals, are insured and pass on the claim to their insurers. A high percentage of claims are settled by the professional negligent insurer without court proceedings.
However, many professional negligence cases do not end up in a court. Even if proceedings are issued, the matter can be settled outside of court.
Professional Negligence Fees
Fees: Please contact us for advice on the fees for your matter. As every matter is different, we provide a bespoke quotation before asking you to proceed.