Professional Negligence Lawyers
Legal Expertise for Professional Negligence
When you hire a professional in any capacity you expect them to perform their role to a certain standard.
Unfortunately, there are times when professionals fail to perform to the standards required of them.
This can result in negative consequences for you, including:
- Significant financial losses
- Hours of wasted management time
- Considerable personal stress
Fortunately, the law is there to protect you from the damage caused by underperforming professionals.
Professional negligence claims are there to put you back in the position you would have been in had it not been for the subpar performance of the professional you engaged.
They also help maintain standards in various industries to ensure that little damage is done to clients across the board.
In addition to a claim for professional negligence there can sometimes be a claim for breach of contract or statutory duty, or in some circumstances misrepresentation or fraud so it will always be worthwhile getting thorough legal advice to cover all bases.
When Will You Need Advice in Professional Negligence Disputes?
Professional negligence is, in basic terms, where a professional fails to perform their responsibilities to an expected standard, and this poor conduct results in damage or loss to the client.
Various professions can be subject to professional negligence claims and for the claim to be successful there needs to be evidence that the service provided fell below the standards of their profession.
Many industries also have their own regulatory bodies that set codes of conduct the professional must abide by.
Three Main Elements of Professional Negligence
There are three main pillars of professional negligence:
Duty of Care
You must have been owed a duty of care by the professional.
This can be determined by a combination of the terms of any retainer, your instructions, and the relevant professional regulatory (if applicable), as well as legal context.
Breach of Duty
The service provided (or not provided) by the professional must have fallen below the standard expected of a reasonably competent person of the same profession.
Loss
You have to show that the breach of duty has caused you some form of loss (i.e., “but for” the negligence you would not have suffered a loss).
The list of professionals to which professional negligence can apply is extensive.
However, here are some common examples:
- Lawyers (solicitors and barristers) – Negligent acts that cause loss to the client include things like the lawyer not following their client’s instructions properly or missing key time limits. Errors in drafting important documents like leases or property sales are also common, as well as under-settling claims or failing to administer an estate per the deceased’s wishes.
- Accountants – Accountants can be liable if they miss important deadlines or fail to value company assets correctly. Incorrect pension, trust, or tax advice also commonly make up professional negligence claims against accountants.
- Financial advisors – Often, clients have been recommended damaging or unsuitable investments or pension plans where there has been a failure on the part of the professional to properly advise them on the risks involved.
- Engineers, architects, surveyors – Inadequate surveys or inspections can lead to a failure to identify defects and incorrect valuations. The failure to provide accurate reports and negligent design advice or failure to comply with building regulations can be particularly damaging.
There is a Pre-Action Protocol for Professional Negligence in place for claims against professionals such as lawyers and accountants, whereas the Pre-Action Protocol for Construction and Engineering Disputes applies to construction professionals.
It is important to understand the ins and outs of these protocols as various milestones need to be hit along the way and therefore getting sound legal advice is key.
The protocols encourage the early exchange of information to deal with matters swiftly and cost-effectively, without necessarily needing court proceedings.
It is also worth noting that professionals will usually have a professional indemnity insurance policy in place so, once liability is established, claimants can recover the majority of their loss and legal costs via the insurers.
Our team has extensive experience in complying with the protocols and regularly settles professional claims by way of alternative dispute resolution – these are options we will discuss with you from the off.
Why Choose Beyond Disputes?
We understand the impact negligent advice can have.
Our team’s wide-ranging experience in professional negligence disputes and its results-focused, strategic, and commercial advice means that we have repeatedly helped clients recover losses they have suffered as a result of poor conduct.
Our Dispute Resolution Team, led by partners Dónall Caherty and Alistair Gregory, is made up of highly experienced lawyers with many years of experience in dealing with professional negligence disputes.
As well as effectively guiding clients through litigation, our team has also been successful in resolving complex, high-value professional negligence disputes by way of alternative dispute resolution, including arbitration and mediation.
Get in Touch with Our Professional Negligence Lawyers Today
If you’re looking for a litigation lawyer, you’ve come to the right place. Our team of experts has numerous years of experience in professional negligence so you can trust that with us, you’re in the best hands.
To speak with one of our lawyers, call us on 0333 202 6433 or send us an email at hello@beyondcorporate.co.uk.