When you put your trust in professional advisors, you expect them to do the right thing. Unfortunately, things don’t always pan out as they should. Sometimes, professionals make a mess of things, giving you dodgy advice, failing to meet their obligations, or simply not doing their job properly. And that can leave you or your business out of pocket big time. That’s where a top-notch professional negligence solicitor and a specialist team like Darwin Gray come in to save the day. In this guide, we’ll take a look at the four key stages professional negligence solicitors use to build a solid claim, resolve disputes, and get you the compensation you deserve.
Initial Assessment: Establishing the Foundations
When you come to meet a professional negligence solicitor, the ball gets rolling with a thorough assessment. Our ace professional negligence team will dive into all the facts of your case, including claims against solicitors, accountants, surveyors, insurance brokers and financial advisors, pretty much any professional who’s let you down. And as this foundational stage is crucial in negligence claims, we’ll answer the key question: are you eligible for compensation, and is it within the relevant time limit (usually six years from the date of the botched act)?
During this initial review, your solicitor will focus on three essential elements:
- Duty of Care: Professionals owe you a duty of care, established through contracts, professional retainer documents, or implied by their conduct. Whether you are dealing with accountants, insurance brokers, or any other professional organisations, this duty requires them to act competently and in your best interests.
- Breach of Duty: This happens when a professional fails to meet the level of care expected of them by their profession or a contract they’ve signed. We do some digging to figure out whether their behaviour fell short of what a professional in that field should be doing, and sometimes that means dodgy advice, bad advice, a simple mistake or a series of blunders.
- Causation and Financial Loss: Now we need to tie that breach directly to your loss, if a financial adviser messed up and got you into a bad deal, for instance. We need to be able to show that the financial loss you’ve had is a direct result of the professional’s mistake. “But for their bumbling, would you have been in this pickle?
At this point, we’ll give you a straight-shooting run-down of where you stand with your negligence claim, including how much it might cost, any time limits you might be up against, and what the chances of success are. Getting expert advice early on can save you heaps of time, money, and stress.
Pre-Action Protocol: Setting Out Your Case
Most professional negligence claims need to follow the pre-action protocol to the letter. This is a formal procedure that encourages early settlement of disputes, in line with the rules of the courts and the rules of the professional bodies.
The backbone of this stage is a comprehensive Letter of Claim, outlining all the facts of the case, every step of professional negligence, breach of contract, and the financial loss you’ve suffered due to the professional’s mistake. This letter will cover the basics:
- A summary of events and key dates.
- The specific negligent advice, failure or conduct in question.
- The loss or damage suffered as a result.
- A preliminary calculation of damages and potential costs.
This Letter of Claim goes out to the professional, their insurers or their professional indemnity insurance guys. They’ve then got to respond in line with the pre-action protocol, usually acknowledging within 21 days and properly responding within three months. They might admit liability, propose mediation, or just deny the whole thing – and sometimes they’ll try to shift the blame onto you or argue about how much you’ve lost.
Transparency is the key here. Not only does it give you a real chance to settle the claim before getting to court, but it can also help limit costs and keep things civil with the professional.
Negotiation and Settlement: Finding a Resolution
Once we’ve got the groundwork in place, your professional negligence solicitors will be looking at alternative dispute resolution – like negotiation and mediation. Our ace team aims to resolve disputes without a long and costly court fight where possible. Settlement negotiations usually kick in after the Letter of Claim has been sent and the formal Letter of Response has come back.
We have a wealth of experience acting for clients in all sorts of professional negligence cases – from accountants to solicitors, insurance brokers and financial advisers. And we always keep your reputation, as well as the professional you’re claiming against, front of your mind. So resolving disputes amicably is always high on our agenda.
Alternative Dispute Resolution (ADR), most commonly in the form of mediation, can often settle even complex claims. By involving a neutral mediator, both parties have the opportunity to reach a satisfactory settlement. ADR is usually preferable to full-scale court litigation, being quicker, more cost-effective, and less stressful for all involved.
Throughout the negotiation, we will keep you fully advised and represent your interests robustly, ensuring that any offers or counteroffers are in line with your objectives and reflect your actual losses. You can rely on our knowledge and track record for providing expert guidance at every stage.
Litigation: Issuing Court Proceedings
If we can’t get the disposal of your professional negligence claim sorted through negotiation or ADR, our team of professional negligence lawyers has the expertise to take your case to court. The court is always the last resort; we only go down this route when absolutely necessary, that is, when every other way of sorting the dispute has been tried and failed.
When litigation becomes the only option, our specialist professional negligence solicitors will fight your corner with every fibre of their being, making sure your claim is moved forward as quickly and strongly as possible. The court process involves:
- Pleadings: Preparing and exchanging key legal documents, including the Particulars of Claim and the Defence.
- Disclosure: Both sides must share all relevant documents relating to the claim, including contracts, correspondence, and professional reports.
- Witness Statements: Gathering written statements from you, other professionals involved, and expert witnesses.
- Expert Evidence: Engaging independent experts from the appropriate professional negligence lawyers’ association or similar body, to provide evidence on issues such as duty of care, breach, and quantum of loss.
A lot of professional negligence disputes get sorted at this stage, sometimes just before a trial. But if it does have to go to court, you can rest easy knowing our professional negligence team will handle everything, presenting your case in the best possible light to get you the best possible result.
A Final Thought
Building a strong professional negligence claim is all about having the right team with loads of experience in professional negligence, properly understanding the pre-action protocol, and having expertise in negotiation, settlement, and court proceedings if that’s what it comes to. Darwin Gray’s specialist solicitors have a broad range of knowledge, and our focus is on giving our clients top-notch advice in areas covered by the Legal 500 sectors. What’s most important to us is to represent our clients robustly and get even the trickiest claims sorted out as quickly as possible.
By following these four key stages, Initial Assessment, Pre-Action Protocol, Negotiation and Settlement, and Litigation, you can pursue claims against professionals for poor advice, breaches of contract, and negligent act or omission with confidence. If you have suffered financial loss as a result of advice from other professionals, don’t delay in seeking legal advice: time limits and limitation periods are crucial in negligence claims. Our professional negligence lawyers can advise you at every phase and help you understand your insurance policy, deal with professional indemnity matters, and navigate the complexities of professional negligence practice.
Getting advice at the right time can be the difference between getting a fair outcome and ending up with trouble. If you’re dealing with a dispute because a professional has ballsed up, our specialist team is here to help you get the best possible outcome.
