Professional Negligence - Commercial Services
Professional negligence is a claim for compensation when a client has engaged a professional to do or perform a certain task, but where the professional then fails to act to the required standard and as a consequence, the client sustains a loss or damage. Most commonly claims will be brought against a solicitor, accountant, valuer, architect or surveyor. For example:
- where a house purchase has run into unforeseen difficulties either because the purchaser was not made aware of something before entering into the transaction, or because something has happened to the property, such as subsidence, and there were clear warning factors that should have been drawn to the client's attention before they proceeded with the transaction.
- where a client has sought advice about mitigation of tax, and the advisor has failed to advise the client about for instance a relief that could have been claimed, which can no longer be claimed because it does not have retrospective effect.
Negligence is much more than poor service or where the client has not got his or her money's worth out of the professional. Bad advice does not necessarily equate to negligent advice (although there could be situations where they are the same) and this needs to be approached with some caution. In general terms there needs to be a contrast drawn between poor service issues and negligent advice.
If you have suffered loss because of poor service which is not considered to be negligent advice, then this may not be the end of the matter because most professionals operate under the supervision of a regulatory body, and it may be that you can claim compensation through other channels. We will keep an open mind about the most effective source of recovery of compensation for you, and direct you through the relevant processes.
There are two main stages to a negligence claim:
Both Mark Walkington and Matthew Miles are members of the Professional Negligence Lawyers Association and we work closely with a panel of experts covering a wide variety of different professional disciplines, and we can recommend a suitable choice of expert for your case.