Raworths LLP
Professional Negligence Claims Professional Negligence Claims

Professional Negligence Claims

Business

We act for businesses as well as the people who create, own and invest in them, building long term relationships with our clients to understand the unique challenges and opportunities they face. Our depth of experience and knowledge is focussed on providing practical advice designed to meet all our clients’ business needs.

Individuals & Families

We understand how important your case is, our experienced teams are on hand to provide practical and effective legal advice. With one of the largest teams of lawyers in North Yorkshire we work for wealthy individuals and their families, trusts and family businesses - your needs are at the heart of what we do.

Property

Our Commercial, Residential and Agricultural Property teams have the expertise to help you deal with the opportunities and challenges of the freehold and leasehold real estate market. We have substantial depth of experience of the property world and its demands which gives us the crucial ability to help you achieve your aims.

Resolving Disputes

Disputes are an unavoidable fact of life, but when they happen it is essential to find a quick, effective and practical solution to the situation. Whether your issues are commercial or business related, family or personal, we have the depth of experience, imagination and expertise to help you solve your problems.

Matthew Hill

Head of Dispute Resolution

Jonathan Mortimer

Consultant Partner

Unfortunately, it is sometimes the case that professionals or indeed others with specialist skills make mistakes.

It may be the case that the individual has accepted instructions from you that were beyond their area of expertise, they may have given improper advice or simply failed to take action on your behalf before a key deadline.  If the mistake has caused you a loss, it may well be appropriate to consider a claim.

There are many complexities to bringing a claim against a professional.  Here are just 5 examples.

Primarily, the matter of the personal reputation of the individual concerned may have a bearing on whether the claim is easily resolved (perhaps by an early offer to keep goodwill) or is more protracted (due to it being a point of principle for the individual concerned).

Secondly, most professionals will be insured which means that if liability can be established, then there is usually no worry about whether any compensation will be paid.  However, insurers are expert at ensuring that they seek out all possible means of avoiding claims and there can also be problems if the professional has not notified their insurers of the claim in accordance with the requirements of the insurance policy.

Thirdly, just because a professional has made an error, does not immediately mean that professional negligence can be established.  In particular, the test to be applied is more general namely whether the professional has acted in a way that no competent professional in their field would find acceptable.

Fourthly, to bring a successful claim you have to prove that the error or mistake caused the loss to you.  Sometimes, there can be other factors which have caused the problem you have identified which makes it difficult to establish your claim.

Finally, it is important to note that it is frequently possible to take steps after the mistake has been identified to recover your position.   Specialist advice should therefore be immediately sought as to what steps should be taken to mitigate your loss.

We have experience of bringing claims against the following professionals:

  • Accountants
  • Architects
  • Barristers
  • Financial advisors
  • Insurance brokers
  • Solicitors
  • Surveyors/Valuers
  • Tax advisors

If you would like any further information, please contact our litigation solicitors Jonathan Mortimer or Matthew Hill.