Professional Negligence – at Rothera Sharp, our Solicitors offer a guiding hand in assisting clients who have suffered after receiving poor advice from a professional adviser. Call today on 0800 088 6280
There are many circumstances where we seek advice before making decisions. This advice could be of a financial, legal or technical nature. In many cases, we rely on that advice to make important and often costly decisions. If the advice from the professional is wrong or inaccurate, then this might give rise to financial loss or a lost opportunity.
Do you have a professional negligence claim?
Professionals are required to exercise reasonable skill and care when acting on any matter. Unfortunately, there are occasions when the work undertaken by the professional falls below the necessary standard expected of them. As a consequence of these failings and the poor level of service, a party may suffer a financial loss. In order to successfully bring a professional negligence claim in respect of that loss you will need to demonstrate that:
1. You were owed a duty of care by the professional;
2. The professional breached that duty; and
3. The breach of duty by the professional has caused you to suffer a direct financial loss.
Bringing a professional negligence claim
Professional negligence is a very complex area of law. There are therefore a number of important issues to be aware of when considering bringing a claim. Two of the most important issues are explained below.
You should be aware that there are strict limitation periods which apply to these types of cases. Therefore you must issue proceedings within those periods, otherwise your claim may be “statute barred”. This means that if you were to bring a claim outside of the limitation period, there is an automatic defence to your claim and it is likely that your claim will fail. It is therefore advisable to obtain early legal advice to avoid this issue.
We believe that it is essential to follow the Professional Negligence Pre-Action Protocol when dealing with this area of the law. The Protocol sets out a process which should be complied with in order to bring a claim for professional negligence. You should be aware that a failure to fully comply with the Protocol, can result in significant costs sanctions, even if a claim is successful.
In all cases, we first explore ways to resolve the claim out of court. However, where matters do escalate we deliver focused support, practical guidance and effective representation, drawing on our specialist knowledge and resources for the best results.
It is therefore vital that you seek advice at the earliest opportunity if you feel you have received bad advice or a bad service and this is where our team can help you.
Our team has a breadth of expertise in advising clients to bring claims for Professional Negligence against Accountants, Solicitors, Independent Financial Advisors, surveyors, Insurance companies and Pensions providers.
Our team will work with you to assess the likely outcome of your claim and whether you have the necessary evidence to proceed. Each option open to you will be considered in a clear, no nonsense manner to allow you to make a choice over whether to proceed.
Professional Negligence – Further Information
We handle many professional negligence claims on a ‘no win, no fee’ basis. Please contact us to discuss which funding option might be appropriate for you. To find out more or to discuss your case please contact us on 0800 088 6280 or email firstname.lastname@example.org