A-brief-guide-to-professional-negligence-claims_Layout-1.pdf - A brief guide to professional negligence claims Contents Introduction Do I have a claim

A-brief-guide-to-professional-negligence-claims_Layout-1.pdf...

This preview shows page 1 - 4 out of 5 pages.

A brief guide to professional negligence claims
Image of page 1

Subscribe to view the full document.

Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims against professionals, such as accountants, financial advisers, solicitors, surveyors and architects, have become more common in recent years. This is due to a combination of factors including an increasing reliance upon professional advice, the complexity of work carried out, and a raised awareness of legal rights. In addition, in times of economic downturn, losses suffered are often more apparent. Professional negligence claims can be complex and it is important to seek advice from specialist solicitors who are experienced in dealing with this type of claim. This guide is intended to be a brief overview of some of the important considerations and procedures when embarking upon a professional negligence claim. It is not a substitute for legal advice. If you would like to have a free no obligation discussion with a solicitor experienced in professional negligence claims, please contact us using the details below. Russell Simpson Partner T +44 ( 0 ) 1892 506 139 E [email protected]
Image of page 2
Do I have a claim? A successful claimant will need to demonstrate that he or she was owed a duty of care by the defendant professional, the professional breached the duty of care, and the breach caused a loss to the claimant. Duty of care A professional may owe various duties to the claimant. Sometimes this will be obvious, for example where there is a written retainer or agreement between a professional and a client. However, there does not always need to be a written agreement and a professional holding himself or herself out to have particular expertise and advising the client may be assuming duties towards the client. Usually, but not always, a claimant will be the person who has instructed the professional, although in some circumstances (such as a solicitor preparing a Will) the professional can owe duties to a third party. Breach of duty A professional who gives advice which later turns out to be wrong is not necessarily negligent. The claimant will need to demonstrate that the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in his profession. For example, a solicitor holding himself out to be a specialist conveyancing solicitor is required to comply with the standards expected of a reasonably competent conveyancing solicitor. The particular experience of the professional, who may be a newly qualified solicitor or a senior partner, does not affect this standard. If there is a difference of opinion within the profession as to the correct practice, the professional will be able to demonstrate that he has not breached the duty of care if he can show that he acted in a way which was regarded as proper by a reasonable body of professional opinion.
Image of page 3

Subscribe to view the full document.

Image of page 4
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes