Dan Carter
Dan Carter
Partner and Head of Professional Negligence

If you put your trust in a professional and they let you down, it can cause great upset, suffering and financial hardship to you and your family.  At MW we can help you to find out where you stand legally and what actions you can take to quickly right a case of Professional Negligence. 

Civil Wrongs and Your Legal Rights

In the English law of tort (civil wrongs), professional negligence covers the situation in which the defendant has created a duty of care but then breached duty through acts or omissions that a reasonably competent practitioner would have avoided and these acts or omissions caused the other party financial losses.

Claims against negligent professionals such as financial advisers, solicitors, architects and others are on the rise.  In our busy, complex lives we increasingly rely upon professionals for their knowledge and advice.  The scope of work which falls under professional bodies is ever expanding as is the type of transactions that they undertake.  Thanks to the information revolution you the public have access to more knowledge about your legal rights and are empowered to seek justice when you believe you are mistreated by so-called professionals.

At MW we help claimants get Professional Negligence justice from professionals operating in many different sectors of business such as:

Solicitors and Barristers Accountants
Financial Advisers
Insurance Brokers

Architects
Engineers
Surveyors
Licensed Conveyancers
Estate Agents

Doctors, Dentists and Vets

It is important for a prospective claimant to seek advice early in the process and to get the right advice on the merits of any claim. 

Do I have a Claim for Professional Negligence?

In some cases a professional may be required to complete various duties for you as the client.  In some cases this may be obvious, for example where there is a written retainer or an agreement between the professional and the client, and in others it may not be so obvious.  For example in a recent case it was ruled that an architect, who was friends with the claimants, owed them a duty of care even where no fee had been received by the architect and no formal contract had been established between the claimants and the architect.

It is important to clarify that is not necessarily negligent for a professional to give you advice which later turns out to be wrong.  To prove Professional Negligence, you must demonstrate that the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in his profession.

A successful claimant must also demonstrate that they suffered loss as a result of the negligence.  The correct measure of a claimant’s loss is tied in to issues above and the basic principle is to put the claimant into the position he would have been in had the professional not breached the duty owed to the claimant.

Funding Your Professional Negligence Case

As you can imagine Professional Negligence claims can often be complex and time-consuming and therefore the legal costs of pursuing them can also be high.

However, at MW we offer a range of different funding options as an alternative to our standard hourly rates, including No Win No Fee arrangements.

We urge clients to always check whether they already have the benefit of legal expenses insurance.  This is often included as part of an existing household or motor vehicle insurance policy.  Other options may also be available so please contact us if you would like more information to discuss your case.

Time Limits

For a Professional Negligence claim to have a good chance of success, it must be issued within certain time limits.  The time limit period in most professional negligence cases is six years from the date of the negligence.  Potential claimants should always act as swiftly as possible and seek legal advice as to the limitation period which will apply to their claim.  In cases where the claim is issued after a long time, the defendant professional will often have a strong defence that the claimant is "out of time" and will not have a satisfactory end to the matter.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" and we have a team of expert and specialist Professional Negligence Lawyers waiting to advise you.

If you think you have grounds for a claim we can help guide you through this often complex process and make sure that you have the best possible chance of receiving Justice.  If you are in any doubt as to whether you may have been the victim of a negligent professional call our specialist Professional Negligence Team today on 0203 551 8500 or email us at enquiries@mwsolicitors.co.uk.

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