PROFESSIONAL NEGLIGENCE LAW SOLICITORS

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  • Simpson Sissons & Brooke LLP

    Straightforward legal advice...that doesn't cost the earth

    Simpson Sissons & Brooke LLP

    Simpson Sissons & Brooke LLP

    Straightforward legal advice...that doesn't cost the earth

    43 Townhead Street, Sheffield, South Yorkshire, S1 2EB

    0114 241 3970

    (0 reviews)

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  • Morrisons Solicitors LLP

    Morrisons Solicitors LLP

    Morrisons Solicitors LLP

    Clarendon House, Clarendon Road, Redhill, Surrey, RH1 1FB

    01737 854500

    (0 reviews)

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  • Integrum Law

    Intelligent Legal Solutions

    Integrum Law

    Integrum Law

    Intelligent Legal Solutions

    72 Argyle Street, Birkenhead, Merseyside, CH41 6AF

    0151 649 1626

    (0 reviews)

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  • Curzon Green

    Curzon Green Solicitors - the City of London and High Wycombe

    Curzon Green

    Curzon Green

    Curzon Green Solicitors - the City of London and High Wycombe

    114-116 Oxford Road, High Wycombe, Buckinghamshire, HP11 2DN

    01494 451 355

    (2 reviews)

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  • Ison Harrison Limited

    Ison Harrison Limited

    Ison Harrison Limited

    Duke House, 54 Wellington Street, Leeds, West Yorkshire, LS1 2EE

    0113 284 5000

    (0 reviews)

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  • Wright Hassall LLP

    The secret behind our award winning success? Our clients.

    Wright Hassall LLP

    Wright Hassall LLP

    The secret behind our award winning success? Our clients.

    Olympus House, Leamington Spa, Warwickshire, CV34 6BF

    01926 886 688

    (0 reviews)

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  • Michael Lewin Solicitors Limited

    Michael Lewin Solicitors Limited

    Michael Lewin Solicitors Limited

    635 Roundhay Road, Leeds, LS8 4BA

    0113 200 9720

    (0 reviews)

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  • ABMF

    We're on YOUR side!

    ABMF

    We're on YOUR side!

    42 Ringley Drive, Manchester, Lancashire, M45 7LR

    07970291197

    (0 reviews)

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  • Clapham & Collinge LLP

    Supporting you and your family, for whatever life brings.

    Clapham & Collinge LLP

    Clapham & Collinge LLP

    Supporting you and your family, for whatever life brings.

    St. Catherine's House, All Saints Green, Norwich, Norfolk, NR1 3GA

    01603 693500

    (0 reviews)

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  • Tom Street & Co Solicitors Limited

    Tom Street & Co Solicitors Limited

    Tom Street & Co Solicitors Limited

    2a Bath Street, Frome, Somerset, BA11 1DG

    1373452888

    (0 reviews)

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  • Bell Lax Limited

    Bell Lax Limited

    Bell Lax Limited

    New Bank House, 21 Maney Corner, Sutton Coldfield, West Midlands, B72 1QL

    0121 355 0011

    (0 reviews)

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  • Stonehewer Moss

    Stonehewer Moss

    Stonehewer Moss

    Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

    01606 872200

    (0 reviews)

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  • Griffith Smith Farrington Webb LLP

    Modern Practice. Traditional Values.

    Griffith Smith Farrington Webb LLP

    Griffith Smith Farrington Webb LLP

    Modern Practice. Traditional Values.

    47 Old Steyne, Brighton, East Sussex, BN1 1NW

    01273 324 041

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  • MYM SOLICITORS

    A team of dedicated and experienced Solicitors who put their clients’ needs at the core of their spe

    MYM SOLICITORS

    MYM SOLICITORS

    A team of dedicated and experienced Solicitors who put their clients’ needs at the core of their spe

    MYM Solicitors 329-331 High Street, Slough, Berkshire, SL11TX

    02031377751

    (1 review)

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  • Winterbotham Smith Penley LLP (WSP Solicitors)

    Life. Less complicated

    Winterbotham Smith Penley LLP (WSP Solicitors)

    Winterbotham Smith Penley LLP (WSP Solicitors)

    Life. Less complicated

    3-7 Rowcroft, Stroud, Gloucestershire, GL5 3BJ

    01453 847200

    (0 reviews)

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What is Professional Negligence?

Professional negligence refers to a breach in the duty of care that should be given by a professional to their client. The duty of care is deemed to be a common law arrangement inasmuch as it reflects the level or standard of service that a consumer should reasonably expect based on common levels held by others in the profession. That is to say that if a consumer or client receives a service or products below the reasonably expected standard for the industry, they may be able to make a claim for professional negligence.

With professional negligence claims being increasingly common, it is important to recognise what a claim entails and when there may be successful grounds for making a professional negligence claim.

Do I have a Professional Negligence Claim?

A professional negligence claim can, in theory, be brought against any professional in any field, such as accountants, solicitors, architects, surveyors or financial advisors. In order to make a successful claim, the claimant will need to demonstrate that they were owed a duty of care by the service professional and that this was not met. This breach must then have led to a loss to the claimant. This need not have been a financial or material loss, as a claim may still be considered in circumstances such as misrepresentation, fraud or breach of contract.

How Will My Claim be Assessed?

An error in the delivery of a service does not necessarily mean that an individual will make a successful professional negligence claim. It is therefore important to recognise that the claimant needs to submit proof against which the professional will be measured. The claimant must prove that the service levels received from the professional fell below those that are deemed to be reasonably competent and acceptable within the industry. The normal standards of the industry will be reviewed to draw comparisons between them and the service given by the professional to determine whether the professional fell short of the normal expected standards.

Each case will be reviewed independently, assessing the promise or offers made by the service professional against those offered throughout the industry. The case will review all areas, including cost, competence, delivery and results. The extent of any loss to the claimant will be evaluated fully to determine whether the service professional breached their duty of care to the service user or receiver. When determining any compensation payments, the focus will be upon the extent of the loss and the extent of the service breach. This will enable a judgement to be made as to a relevant amount of compensation.

A claimant will not be able to make claim for losses incurred that could have been avoided if they had taken reasonable action. Furthermore, any payments awarded will be reduced if the claimant is found to be partially to blame. This is known as contributory negligence.

Are There Any Time Considerations For Making a Claim?

If an individual feels that they have grounds to make a professional negligence compensation claim, they are well advised to begin proceedings at the earliest opportunity. Delays in commencing a claim will strengthen the case of the defending service professional, and as such, weaken the potential for a successful claimant outcome.

The standard time limit on making a professional negligence claim is six years from the date of the negligence. If the negligence is not immediately apparent, this time period may be extended upon the discretion of the court. Most courts consider it appropriate for the claimant to commence proceedings within three years of becoming aware of the facts that form the basis of the claim.

The professional negligence solicitor will advise their client as to how to proceed and where possible, will follow the ‘Professional Negligence Pre-Action Protocol'. The protocol is designed to save time and costs by sharing information between parties readily and to encourage an out of court settlement. As such, the pre-action stage of the protocol includes in depth sourcing of details, evidence and correspondence, though this can eliminate several charges and court time delays further on.

Should I Make a Claim if I Think the Professional Has Minimal Assets?

Most service professionals will be covered by indemnity insurance policies, which ensure that they are covered in the event of such claims. This provides the financial basis to pay compensation and fund losses to claimants if needed. It is important to determine whether the service professional holds such insurance at the earliest opportunity, which is something an experienced professional negligence solicitors will do for you.

Will I Have to go to Court?

If the process of the Professional Negligence Pre-Action Protocol is unsuccessful in achieving a result, court proceedings will need to be issued. It takes approximately a year to reach the date of a court hearing following the initiation of proceedings, and so claimants should be aware of likely delays. If the case does go to trial, the claimant and defendant, along with any witnesses, are likely to be expected to appear in court to give evidence. The majority of such cases are settled prior to a court hearing.

The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

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