professional negligence
Claims against professional advisers have shown a marked
increase in recent years. Our dispute resolution team have
experience dealing with claims against solicitors, barristers,
surveyors, accountants and architects. For information on claims
against medical professionals please refer to our services for clinical
negligence.
Three elements are needed to establish a successful
professional negligence claim:
1. A prospective claimant needs to establish that the individual or
organisation in question owed him or her a duty of care
2. That there was a breach of that duty
3. It is necessary to show that this breach of duty caused the
claimant to suffer a loss
The extent of any loss is, of course, a vital consideration. This
needs to be sufficient to justify the cost and risk of pursuing a
claim. Provided the prospects are sufficiently good professional
negligence claims will almost invariably be worth pursuing since
the professional will usually have indemnity insurance cover
meaning that the prospects for obtaining payment of any judgment
are good.