Professional Negligence
Professional Negligence?
Professional negligence describes a situation where someone who owes you a duty of skill and care fails to perform in accordance with that duty, and you suffer loss as a result. The duty may be owed by any professional, but claims are most commonly made against accountants, architects, valuers and surveyors.
Our professional negligence practice primarily caters to claimants. With a team boasting extensive experience, we have provided guidance to both businesses and individuals over the course of many years.
Expert Approach
At Bright Solicitors, we have experience and expertise in dealing with claims involving a wide range of professionals, and in resolving them using alternative dispute resolution (ADR) procedures.
Expert Practice
- Claims pertaining to negligence in tax and/or financial advice, such as mis-selling products, tax schemes, and disguised remuneration planning.
- Claims directed at insurers, including brokers, for their failure to honor claims under an insurance policy and incorrect advice leading to losses.
- Claims against surveyors for their role in either undervaluing or overvaluing a property, and their failure to report defects or provide accurate advice.
- Collective claims from groups of clients who engage our representation for the same cause of action.
- Claims against Solicitors, including instances of missing crucial deadlines, failure to provide necessary advice, oversight in advising on terms and other forms of negligence.
FAQ'S & Useful Information
To be successful in a claim against a professional for negligence and/or breach of contract, you must establish the following:
- A valid contract existed between you and the professional; the professional breached the terms of the contract, leading to a loss on your part.
- The professional had a duty of care towards you, which was violated, and this breach resulted in a foreseeable loss.
Initiating the process involves sending a Letter of Claim outlining the claim's basis to the opposing party. Upon acknowledgment, the opponent has a three-month window to provide a substantive response or propose a settlement. Correspondence typically continues during this period.
If we are unable to find a resolution during the Pre-Action Protocol period, the next step is initiating Court proceedings. Once started, the Court sets a timetable, involving document disclosure and evidence exchange, leading to trial.
Throughout the litigation, parties, both before and after Court proceedings, can explore alternative dispute resolution, often through mediation, in an effort to resolve disputes.
Unless instructed otherwise, we will always prioritise finding an alternative solution to an expensive and time consuming court proceeding. If applicable to your case, we will inform you of this option.
At Bright Solicitors, we strive to be fully transparent with our Fees. Please contact a member of our specialist Litigation & Disputes team for information regarding our fees, and an estimate related to your matter.
Please contact 01752 388883, or email DisputeResolution@brightllp.co.uk
If you would like to discuss a Professional Negligence dispute with a member of our team, please contact 01752 388883, or email DisputeResolution@brightllp.co.uk
