Professional Negligence

What is Professional Negligence?

Professional Negligence is when the expert that you have engaged falls below of the standard of a reason and competent expert in that field of expertise.

Seeking expert advice, you are assured that the individual is competent and experienced to deal with your matter. Whether the service that you paid for is from an accountant, doctor, lawyer, property surveyor, information technology or any other professional, the standard of work expected is the same.

If the expert has been negligent or has fallen below the standard, this could lead to serious consequences for example, missed opportunities, lost money, missed deadlines. These actions can have a ripple effect throughout your matter and can lead to more legal issues progressing forwards. 

It is best to consult a lawyer with your issue and we can help you facilitate making a formal complaint using the firms’ or companies’ complaints policy to try and resolve the situation. If this is unsuccessful, we then apply to the legal ombudsman (if it’s a legal dispute) to try and reach a resolution. We will guide and support you throughout the process. 

Professional negligence can occur in all sectors the most common being: 

  • Solicitor, missed deadlines, missed limitation periods, failure to comply with a court order, conveyancing matters. 
  • Accountants, failure to detect fraud, missed calculations, failure to submit documents on time 
  • Barristers, failure to pick up on key information
  • Financial advisors, recommendation to invest in certain stock or certain type of investment 
  • Insurance broker, failure to provide all information to the insured
  • Surveyors, failure to notice property defect
  • Computer technician and software installations. 

At Bhatia Best Solicitors we will assess the best-case outcome of your matter against the expert you instructed, the consequences of the negligence and the loss in which you suffered. 

To bring a professional negligence claim 4 aspects need to be fulfilled: 

  • You were owed a reasonable duty of skill and care from the professional. 
  • The duty provided by the professional was breached
  • Causation, As a direct result of the breach this caused you financial hardship or a loss of opportunity/chance
  • You have a sustained claim for damages 

Limitation period

Upon discovering a breach which has led to a professional negligence, you usually have 6 years from the date of the neglect act, but this can vary depending upon your case and circumstances and which field the negligent act happened.

How much will I receive in compensation?

The general rule is to put the Claimant back into the position he/she would have been in had the negligent act not occurred.

The loss the Claimant sustained must be as a direct result of the negligent act and that the act was reasonably foreseeable.

At all stages of your mater, it is important you mitigate your loss at every step. This reduces the risk of contributory negligence. This mean the professional has a defense in which they are claiming you had a shared or partial responsibility which led to the negligent act.

How much will it cost

Depending on our assessment, the complexity, how much documentation is involved and the nature of the dispute, will dictate how much the matter will cost moving forwards.

There are various way we can fund your case and which funding method will be most appropriate to you.

  • Hourly Rate – Tradtional Solictor Retainer.
  • Fixed Fee
  • No Win No Fee

Call Us now and speak one of our Team on 0333 016 3333 for impartial advice or complete the contact form on this page and we will call you back

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