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Having worked more than a decade in law and fuelled by his passion for access to justice, Karim envisaged a different law firm – one that stood as a symbol of hope, fairness, and an unwavering dedication to justice. By providing legal services through a partnership with Go Legal and Spencer West, Karim has been able to create this vision.
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A claim for professional negligence occurs when a professional fails to perform their responsibilities and duties to a required standard. This error, mistake or bad service from the professional subsequently results in financial loss, physical damage or injury to you.
For example, professional negligence can occur when a solicitor misses the limitation deadline to issues a claim form at Court and your claim subsequently becomes time-barred, or an accountant fails to properly advise on you on your tax affairs and HMRC subsequently issues you with a tax penalty or assessment.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.
A professional is considered to have expertise and skills in the services they provide. A professional negligence claim can be made against any professional (individual or company) who has failed to perform their responsibilities to a competent standard expected.
If you think you have encountered negligence, we can help you make a claim against any of the following professionals (non-exhaustive list):
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.
In order to be successful with your professional negligence claim, you will need to prove that you can meet the professional negligence “test” as follows:
The relevant test is essentially whether “but for” the professional’s error, mistake or bad service would the loss have still have occurred anyway? A claim will not succeed if you would have acted in exactly the same way regardless of whether the professional had been negligent or not.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.
We have experience in dealing with a vast array of negligent complaints against professionals for example:
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can assess whether the act was negligent.
Yes, you can make a professional negligence claim against a company if they have provided services or advice that fall below the expected standard of care. In fact, most claims will be made against a company as they will have assets or monies to compensate you for the damage caused by the negligent advice or act of negligence, and they will typically have professional indemnity insurance.
To pursue a professional negligence claim against a company, you will need to demonstrate that the company owed you a duty of care, breached that duty, and that the breach caused you financial losses or other damages; see above.
It is essential to gather evidence of the company’s negligence and seek legal advice from experienced solicitors specialised in professional negligence claims to assess the merits of your case.
At Go Legal, our expert team of professional negligence solicitors have extensive experience in handling claims against both individual professionals and companies. We can assess the specific circumstances of your situation and advise you on the best course of action. Contact us for a free initial consultation to discuss your potential claim and explore your legal options.
If you suspect that you have been a victim of professional negligence, it is essential to take the following steps to protect your rights and potential claim to optimise the compensation that you recover:
Please note that professional negligence claims have strict limitation periods (usually 6 years). It is crucial to act promptly and seek legal advice as soon as you suspect negligence to ensure you do not miss any deadlines otherwise you may lose the opportunity to make a claim and recover compensation for losses suffered.
Contact us for a free initial consultation to discuss your potential professional negligence claim and explore your legal options.
The Legal Ombudsman plays a crucial role in handling complaints related to professional negligence. If you believe you have received inadequate or unsatisfactory services from a legal professional, you can file a complaint with the Legal Ombudsman.
The process typically involves the following steps:
It is important to note that the Legal Ombudsman is an independent body that operates separately from the legal profession. Their role is to impartially assess and resolve complaints to ensure fair treatment for clients. A complaint to the Legal Ombudsman can be made in parallel with a claim for professional negligence to optimise recovery via different routes.
If you are considering making a complaint to the Legal Ombudsman or require further guidance on matters of professional negligence, please do not hesitate to contact our trusted team.
Contact us for a free initial consultation to discuss your potential professional negligence claim and explore your options.
Yes, you can still make a professional negligence claim even if the professional involved is currently facing disciplinary action or has been struck off their professional register.
The disciplinary action or removal from the professional register does not affect your right to seek compensation for any losses or damages you have suffered due to their negligent actions. In fact, the fact that the professional is facing disciplinary action or has been struck off may even strengthen your claim as it could be seen as evidence of their incompetence or misconduct. However, it is important to note that the outcome of the disciplinary action or the professional’s removal from the register does not automatically guarantee success in your negligence claim.
To succeed in a professional negligence claim, you will need to prove that the professional owed you a duty of care, breached that duty, and as a result, you suffered financial or other losses; see above.
It is advisable to seek the advice of an experienced professional negligence solicitor who can assess the merits of your case and guide you through the legal process to maximize your chances of a successful claim.
Please call us today for a free initial consultation or use our booking form below to discuss your potential professional negligence claim and explore your options.
Yes, you may still be able to make a professional negligence claim even if you have accepted a settlement from the professional involved. Accepting a settlement does not automatically prevent you from pursuing a professional negligence claim. However, it will certainly make it more difficult and may have implications on the amount you can claim or the legal remedies available to you.
When you accept a settlement, you typically agree to resolve the dispute in exchange for a certain amount of compensation or other benefits. It’s essential to review the terms and conditions of the settlement carefully, as some agreements may include clauses that release the professional from any further liability or claims related to the matter i.e. full and final settlement of all claims.
If you have concerns about the settlement’s fairness or believe that you have a valid professional negligence claim beyond what was covered in the settlement, it is crucial to seek legal advice promptly. We can assess your situation, review the settlement agreement, and determine if there are still grounds for pursuing a claim.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.
You typically have 6 years from the date the negligent error, mistake or bad service was provided to you by the professional (note: the time limit is 3 years for clinical negligence claims). If you do not bring a claim within the strict timescales, you may be time-barred from bringing a claim for losses suffered.
If, however the negligent act was more than 6 years ago, but you have only recently discovered that the advice received was negligent, then the limitation period may be extended by 3 years from the date of you became aware of the negligent act knowledge. However, such claims are more complex and harder to prove.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim. We can advise you on any limitation issues in your claim.
There is no limit on the amount of money you may be able to recover from a professional. However, as a general rule, damages are assessed from the date of the breach i.e. the date of the professional’s error, mistake or bad service. The general principle is that you should be put back in the position you would have been in had the professional not been negligent.
The loss must have been caused as a direct result of the negligence and it must have been reasonably foreseeable.
Professionals will usually have professional indemnity insurance to cover any loss or damage caused to you by a negligent error or service (and that insurance policy will also cover the majority of your legal costs of bringing the professional negligence claim). For example, solicitors normally have minimum insurance cover of £3 million.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.
To support your professional negligence claim, gathering strong and relevant evidence is crucial. The following types of evidence can be valuable in building a compelling case:
Remember, the strength of your evidence can significantly impact the outcome of your professional negligence claim.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.
Please call us today for a free initial consultation or use our booking form below to discuss your potential professional negligence claim and explore your options.
Professional indemnity insurance plays a vital role in professional negligence claims. It is a type of insurance that professionals, such as solicitors, accountants, architects, and others, obtain to protect themselves and their clients from potential financial losses arising from professional errors, omissions, or negligence.
For professionals, having professional indemnity insurance is not only a legal requirement in many cases but also a way to demonstrate their commitment to providing quality services to their clients. It gives clients peace of mind, knowing that they are protected in the event of any professional mistakes or negligence.
When you work with a professional, such as a solicitor, and they make a mistake that causes you harm or financial loss, you may have grounds to make a professional negligence claim against them. In such cases, their professional indemnity insurance can come into play.
If a professional negligence claim is successful their professional indemnity insurance can cover the damages and costs for your compensation claim. This ensures that you, as the client, are able to receive the compensation you deserve for the harm caused even if the negligent professional has closed down.
It is important to note that each professional’s insurance policy may have different coverage limits and exclusions. If you believe you have a professional negligence claim, it is advisable to seek legal advice from an experienced lawyer who can guide you through the process and help you understand the role of professional indemnity insurance in your specific case.
Yes, in a professional negligence claim, you may be eligible to claim compensation for both financial and non-financial losses. Professional negligence occurs when a professional fails to meet the standard of care expected in their field, resulting in harm or losses to their client.
Financial losses refer to direct monetary damages you have suffered as a result of the professional’s negligence. This can include things like financial investments gone awry, lost business opportunities, or additional expenses incurred due to the professional’s errors, or loss of chance to pursue a claim.
Non-financial losses is intangible harm or distress caused by the negligence. This could involve emotional distress, reputational damage, or even the impact on your personal life due to the professional’s mistakes.
When pursuing a professional negligence claim, it’s essential to assess all the ways the negligence has affected you, both financially and emotionally. Properly documenting and quantifying these losses will help ensure you receive fair compensation for the harm caused.
As experienced professional negligence lawyers, we understand the complexities of these claims and can help you navigate the legal process to seek the compensation you deserve for all your losses. Our team will work diligently to build a strong case and represent your best interests throughout the proceedings.
Yes. If the professional that acted for you has raised an invoice which you paid or remains unpaid and the professional is chasing you for payment, then you may be able to challenge the bill and start professional negligence proceedings.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim in particular it is best to seek advice before the professional starts debt recovery proceedings against you for any unpaid invoice.
Yes. You have a duty to mitigate your losses. This means that you must take reasonable steps to minimise your loss and avoid steps that increase your loss. If you fail to mitigate your losses, you may be unable to recover damages for losses which could have been avoided by taking reasonable steps.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.
It may be difficult to claim for distress, inconvenient and upset arising from negligence. Loss should normally be financial (or quantifiable in such a way). Therefore, if you are able to show that the negligent act caused you distress from which you suffered some financial loss then we may be able to claim such losses on your behalf.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover including any losses for distress or inconvenience.
Possibly. If you consider that your case was lost as a result of an error, mistake or bad service provided by your solicitor, then please get in touch and seek independent legal advice on the merits of your potential claim. We will be able to advise you on the likely losses and next steps.
Yes, you can make a professional negligence claim even if you are still using the services of the professional. However, the fact that you are continuing to use their services does not necessarily prevent you from seeking compensation for any losses or damages caused by their negligence.
Professional negligence claims are based on the principle that professionals owe a duty of care to their clients. If a professional breaches this duty of care and their actions or advice result in harm or financial loss to you, you may have a valid claim for professional negligence.
It is essential to remember that the law allows you to seek redress for any losses you have suffered due to the professional’s negligence, regardless of your ongoing relationship with them. If you believe you have a potential claim, it is advisable to seek legal advice promptly. A skilled solicitor can assess your case, determine the strength of your claim, and guide you through the process of seeking compensation.
Keep in mind that professional negligence claims can be complex, so having an experienced legal professional on your side can significantly improve your chances of a successful outcome. If you have concerns about the services provided by a professional and believe you may have suffered as a result, do not hesitate to consult with a solicitor to understand your rights and explore your legal options.
If a professional offers to settle your professional negligence claim outside of court, it is essential to approach the situation carefully to protect your rights and interests. We suggest taking the following steps:
Remember, settling a professional negligence claim outside of court can save time and legal expenses. However, it is vital to ensure that the settlement offer adequately compensates you for your losses and that you fully understand its implications. Having a skilled our firm by your side will help you navigate this process and make the right decisions for your case.
The timeline for professional negligence claim can vary depending on the complexity of the case and the cooperation of the parties involved. Generally, it is essential to understand that each claim is unique, and there is no fixed duration for resolving such matters. However, we have extensive experience in dealing with professional negligence claims and can provide a general overview of the typical stages involved:
Please note that the timeline can be affected by various factors, such as the court’s schedule, the willingness of the parties to cooperate, and the complexity of the legal issues involved.
Our dedicated team will strive to handle your case efficiently while aiming to achieve the best possible outcome. We understand that time is crucial, and we are committed to guiding you through the process as smoothly and quickly as possible to achieve an optimal settlement for you to compensate you for losses suffered.
It is not uncommon in professional negligence cases for the negligent professional to deny liability (at least initially). We have extensive experience in dealing with professionals that deny liability and then take a different approach when we are instructed.
Our experienced team of professional negligence solicitors will thoroughly examine the evidence, gather relevant documentation, and assess the merits of your claim. We will then present a strong and persuasive argument to support your case and counter the professional’s denial.
Throughout the process, we will strive to negotiate a fair settlement on your behalf, but if necessary, we will not hesitate to escalate the matter to court proceedings. Rest assured, we are well-versed in handling complex professional negligence disputes and will work tirelessly to achieve the best possible outcome for you.
Remember, even if the professional denies any wrongdoing initially, it doesn’t mean your claim lacks merit and this is typically a tactic they adopt in the early stages. With our dedicated legal team by your side, we will diligently pursue your claim and seek the compensation you deserve. Our commitment is to protect your rights and interests throughout this challenging process.
Professionals will usually have professional indemnity insurance to cover any loss or damage caused to you by a negligent error or service (and that insurance policy will also cover the majority of your legal costs of bringing the professional negligence claim). For example, solicitors normally have minimum insurance cover of £3 million.
Alternatively, if the professional does not have any insurance policy, then we will carry out a thorough due diligence process on the professional to see what assets and/or funds they may have in order to satisfy a professional negligence claim for your losses. We work with a team of well renowned asset tracers and investigators.
If you think that the professional acting for you may be insolvent or has insufficient monies to pay you the compensation due to you, then it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.
Each insurance policy is different but it is likely that the professional’s indemnity insurance will cover instances where the professional has been negligent. The professional will be able to make a claim under the policy for the losses you have suffered as a result of their negligent error, mistake or bad service.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover. We will be able to obtain a copy of the insurance policy from the professional for us to consider whether the policy covers losses arising from negligence.
In order to formally start a professional negligence claim, you must issue a County Court or High Court claim form under CPR Part 7 which sets out the details of the claim including the remedy you want.
The Claim Form must be filed at Court within strict time limits and the relevant court fee paid (or otherwise complete an application to have your Court fees waived if you are unable to pay it).
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.
Yes, there are alternative dispute resolution (ADR) options available for professional negligence claims in the UK. ADR is an alternative to going to court and can be a more cost-effective and time-efficient way to resolve disputes.
The main type of ADR commonly used in professional negligence cases is mediation. In mediation, a neutral and independent third party, known as a mediator, helps the parties involved in the dispute reach a mutually agreeable resolution. The mediator does not make a decision on the case but facilitates communication and negotiation between the parties.
We regularly represent our clients at mediations often leading to early settlements. A number of our lawyers are also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute (IMI).
Engaging in ADR can have several benefits. It allows for more control over the process and the outcome, as both parties actively participate in the resolution process. It can also be faster and more confidential than traditional court proceedings.
However, it’s essential to note that ADR is not always suitable for every case. The appropriateness of ADR depends on the specific circumstances of the claim and the willingness of both parties to engage in the process.
We will assess your case’s suitability for ADR and discuss the best course of action with you in our first consultation. Our goal is to achieve the most favourable outcome for your professional negligence claim, and we will guide you through all available options, including ADR, to resolve the matter for you.
We often get asked whether we are able to accept instructions on a “no win no fee” basis such as a Conditional Fee Agreement (“CFA”) or a Damages Based Agreement (“DBA”).
We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.
We also have relationships with litigation funds and after-the-event insurers that may be able to provide funding at discounted rates for your claim based on our opinion of your claim.
In the event that your professional negligence claim is successful, we have an excellent track record of being able to recover the majority of your legal costs from the professional (and their insurer).
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim.For more information on funding arrangements, please see our Funding Options page.
This may be an argument raised by the professional’s defence team that in some way your own negligence or actions contributed to the loss or damage you suffered.
However, this is only a partial legal defence and even if successful argued, the professional’s liability for your losses will be reduced.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim and we can advise you on the likely losses you may be able to recover.
Yes. We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.
If you think you have suffered a loss as a result of an error, mistake or bad service by a professional, it is important to act quickly and seek independent legal advice on the merits of your potential claim. For more information on funding arrangements, please see our Funding Options page.
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