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Dispute Resolution for Businesses

Professional Negligence for Businesses

Negligent advice or services from a solicitor or other professional may have devastating consequences to your business. Depending on circumstances, your business or organisation may have the right to recover your financial losses.

We are committed to offering a personalised service, tailored to the needs of you and your business. Our experience and expertise enable us to provide quick, accurate advice in order to pursue a claim in a cost-effective way, and maximise prospects of winning.

Our professional negligence lawyers are available to discuss any possible claims. If your business has suffered poor service and has lost out on money or something of value, get in touch with our team and find out how we can help.

It is a common occurrence for a company to instruct a ‘professional’ in order to obtain advice or services. Such examples may range from advice from a solicitor or surveyor in connection with a business lease or premises, advice from an accountant or tax advisor in relation to a company’s tax affairs, advice from a solicitor or barrister in relation to a legal dispute, or advice from insurance brokers in connection with a company or directors insurance policy. When you instruct a professional, there is an expectation that the advice or service they provide to you will be correct, or of a professional standard. However, professionals can make mistakes and in these circumstances, our lawyers may be able to help you.

We assist with business professional negligence claims against the following professions:

  • Solicitors
  • Experts used in litigation
  • Barristers
  • Surveyors and valuers
  • Accountants and tax advisers
  • Insurance brokers
  • Immigration advisers

We appreciate the devastating consequences negligent professionals can cause our clients. Errors by professionals can lead to leasing business premises where the terms are onerous or where you cannot sublet (when you believed you would be able to do so), under-settling or losing a court case due to poor advice from a legal advisor, an invalid insurance policy which does not cover certain risks, or underpaying corporation tax leading to penalties from HMRC.

Most professionals are required to have professional indemnity insurance to cover claims against them for negligence and so, even if the professional organisation concerned is no longer in business, claims can often still be pursued.

We are committed to offering a personalised service, tailored to your business and its needs. Our lawyers are approachable and have years of experience. If you think your business has experienced a loss due to professional negligence, get in touch with our team and we will take you through the process, step by step. We can also advise on funding so clients can consider a variety of methods, and where possible we offer a no-win, no-fee payment option.

Frequently asked questions
What is professional negligence?

Professional negligence occurs when a professional fails to perform to the standard of a competent professional in the same field. Such a failure could amount to a breach of contract or a breach of duty of care. The other necessary ingredients for a claim are that the professional’s failure caused you a loss and that you can prove the loss.

What do I have to prove?
  1. Duty of care
    You must prove that the professional owed you a duty of care. This could be evidenced in a contract between you and the professional, or implied by the nature of the relationship.
  2. Breach of the above duty
    You must prove that the professional owed you a duty of care. This could be evidenced in a contract between you and the professional, or implied by the nature of the relationship.
  3. Causation
    The breach must have directly caused the loss. This is often referred to as the ‘but-for’ test, where you need to show the Court that the loss would not have occurred but for the professional’s breach.
  4. Loss
    You will need to provide evidence of your business’s loss and prove that it was caused by the breach and not some other problem; if the damage would have occurred in any event, you may not have a claim. You may only be able to claim for losses which are foreseeable and not considered too remote. Further, if you suffered loss which is partly your own fault, then any damages you recover may be reduced.
How much can I claim?

This will depend on the circumstances of your case.

The loss can be easy to calculate if, for example, an accountant calculates your tax incorrectly and you have to pay a penalty.

A more complicated example would be if you lose the opportunity to pursue a claim. In that scenario, a court would have to assess your prospects of success in the original action and what sums you may have recovered if you had successfully pursued that claim.

You should also be entitled to recover the legal costs of pursuing the professional.

To get in touch with our professional negligence solicitors, please complete our enquiry form, or call us on +44 (0)20 7833 4433.

Our team of experts have produced Dispute Resolution Guidance Documents, designed to provide individuals and businesses with information on a range of legal matters and procedures that they might find themselves facing. To view the full range of Guidance Documents available, visit our web page here.

Meet the team

Jon Crocker
Managing Partner

Head of Clinical Negligence and Personal Injury

Mark Ovenell

Commercial Litigation and Professional Negligence

Rosaleen Wyllie

Clinical Negligence and Personal Injury

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.