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Professional Negligence

Professional Negligence Claims against Solicitors and Barristers

Choosing legal representation is no easy choice and when a solicitor makes a mistake that causes the client a loss, a negligence claim may be possible.

Although a full review of any case is required to assess a potential claim here are some examples of how other solicitors could have been professionally negligent.

Personal injury and clinical negligence / litigation claims

  • Failure to start court proceedings within the deadline set by law
  • Evidence or a claim being struck out following a failure to obey a court order or deadline
  • Not advising a client on all the funding options so they miss out on a better funding option
  • Failure to advise a client about litigation insurance to cover the opponent’s legal costs
  • Suing the wrong Defendant
  • Instructing an inappropriate expert  whose report or evidence causes the case to be damaged or collapse
  • Failure to approach a key witness
  • Advising the client to accept a low offer where the evidence justified a much higher settlement figure
  • Advising that a good offer should be rejected and later on getting less at trial or in further negotiations
  • Following a barrister’s advice when they were clearly wrong.

Conveyancing/property transactions

  • Failure to check plans so a buyer does not receive ownership of part of their property
  • Failure to spot the property does not have planning permission or has harsh planning permission restrictions
  • Proceeding with a purchase where there are no rights of way to access the property or part of it and failing to advise on restrictive access
  • Not advising a buyer about restrictive clauses in business or residential leases which impact on the use or value of the property
  • Failure to ask for building regulation certificates which would have identified defects in the property
  • Failure to carry out appropriate searches or advise you upon the likely consequences of the search results.

Preparation of Wills

  • Failure to prepare a Will within a reasonable time when the testator is seriously ill
  • Preparing a Will which does not represent the testator’s wishes
  • Failure to check the Will was executed correctly
  • Failure to inform the testator of the circumstances where a Will becomes invalid or obsolete.

Family

  • Failure to undertake a proper investigation of the other party’s finances
  • Advising a client to accept a settlement where all the evidence justified rejection of the offer
  • Following a barrister’s advice when they were clearly wrong
  • Undersettling financial matters on divorce
  • Failure to adequately investigate or take into account pensions when settling financial matters
  • Failing to apply for or obtain an injunction resulting in a client experiencing injury or distress
  • Failure to take adequate legal steps to prevent removal of a child from the jurisdiction.

Employment

  • Missing the deadline for submitting an unfair dismissal, discrimination or redundancy claim
  • Undersettling a claim
  • Failure to gather key evidence
  • Not following a client’s instructions
  • Not obeying directions so evidence is excluded.

Immigration advisers

  • Failure to submit evidence or paperwork within deadlines so the application is denied
  • Failure to gather key evidence
  • Failure to understand or apply the relevant law.

If you think your legal representative has been professionally negligent do not hesitate to contact us , we can provide an initial free assessment and take you through the process, step by step. We advise on funding so clients can consider a variety of funding methods and where possible we offer a no win, no fee payment option.

To get in touch with our professional negligence solicitors please complete our enquiry form here or call us on +44 (0)20 7014 2020.

Meet the team

Jon Crocker
Partner | Managing Partner

Head of Clinical Negligence and Personal Injury

Mark Ovenell
Partner

Commercial Litigation and Professional Neligence

Tony Taylor
Consultant

Clinical Negligence and Personal Injury

Rosaleen Wyllie
Solicitor

Clinical Negligence and Personal Injury

Tatiana Dall
Trainee solicitor

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.