Professional Negligence Help for You

Professional Negligence, have you relied on a professional and it went wrong?

Helping you get the right advice when you have suffered Professional Negligence

Professional negligence occurs when a professional that you have instructed fails to perform their duties correctly. As a direct result of this, in addition to the upset and disappointment, you may then suffer financial loss and damage.

We can help you understand your options when it comes to professional negligence matters, and if you are seeking to bring a claim, our expert team are here to help.

As always, the speed of the advice that you receive is vital. Any delays can cost you money and the opportunity to bring a claim before the court.

We Break
the Mould

“What is classed as a ‘professional’ when it comes to establishing a professional negligence claim?”

Professional negligence is there to deal with situations in which the defendant has represented him or herself as having more than the average skills and abilities. For example, a professional negligence claim can be brought against entities such as solicitors, accountants, financial advisors, valuers, and surveyors.

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Professional Negligence FAQs

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How long do I have to bring a claim?

There are strict rules as to when you can bring a claim before the court. The primary limitation for a professional negligence claim is 6 years from when the negligence occurred. The secondary limitation deals with when you may not have realised that you received negligent advice until several years after the event. If you establish that this is the case, then you have 3 years from the date of knowledge to bring a claim. Finally, there is a long-stop period of 15 years from the date of the negligence occurring in which you must bring the claim. We would always recommend obtaining advice on limitation dates due to their complexity and overarching implications.

What is the first stage of bringing a claim?

We would need to meet with you first to discuss the matter and review all the documents. Following which, a letter before action must be served setting out the claim in full, allowing the investigatory time limit to commence.

How do I know if I have a claim?

We must establish that the professional in question owed you a duty of care, and that they have breached this duty, a breach which causes you loss and damage that is connected to the breach.

Would I need any expert witness evidence in a professional negligence claim?

Not always, but as a general rule it will usually help narrow the issues between the parties. For example, a surveyor may be required to assess the damage and loss to a property following the actions of a negligent party.

What happens if I am successful?

Ideally, you will recover a financial settlement that covers your losses. The losses may include loss and damage directly related to the situation, and it can also include a contribution to your legal costs.

What happen if I lose?

If a matter proceeds before the court, and you are unsuccessful, you may be ordered to pay some or all the defendant’s legal fees. The court will assess this if the matter proceeds to a final hearing. You may have incurred you own costs too and of course you may not recover the damages / compensation you sought.

Listen to our Professional Negligence experts

Cheryl Leaning

Cheryl Leaning

Director and Chartered Legal Executive

What makes me tick? I like the buzz of helping clients acquire their ideal homes or extend…

Chris Hutchinson

Chris Hutchinson

Senior Solicitor

What makes me tick? I love one of the main philosophies of James legal; this is that…

Ishbel Harris

Ishbel Harris

Office Assistant

What makes me tick? I like to plan for my day ahead and always love ticking off…

Our Professional Negligence Team

Lucy Raspin

Lucy Raspin

Paralegal

Lily Simpkin

Lily Simpkin

Trainee Solicitor

Anna Bisby

Anna Bisby

Trainee Solicitor

Simon Young

Simon Young

Managing Director and Solicitor

Lily Simpkin

Client Controlled Budgets

Apart from the stress and general uncertainty that often goes with disputes and litigation, people often worry about legal costs. Legal costs can often run away as a case takes longer, becomes more complex or the other party becomes super unreasonable.

We manage legal costs by putting you in control.

  • Set agreed budgets for initial work
  • Set budget for each phase of work
  • Pay as you go
  • Not exceeding budget without your agreement
  • Putting you in control
  • Easy payment methods
  • Transparency on costs