Supply of multiple kilos of class A drugs. The client was acquitted of drugs supply following a defence of duress....
What is professional negligence?
Professional negligence is when you have received “bad advice” or the professional has failed to perform their duties to the required standard. As a result of acting on the advice, you need to show that you have suffered a loss.
What professionals can claims be made against?
A professional is someone considered to have particular expertise and skills in the services they provide such as surveyors, builders, engineers, Solicitors, insurance brokers, architects, and accountants. This list is not exhaustive.
Do I have a claim and what do I need to prove to be successful?
If you are unhappy with the service that they have provided and you believe that you have not received the outcome that you were expecting based on the professionals advice, you may have a claim.
To be successful with your claim you will need to demonstrate that you were owed a duty of care by the professional involved, the professional breached the duty of care, and the breach caused a loss to you. Bad service does not necessarily constitute negligence. The test is objective; however its application is a question of fact in each case.
How much can I claim?
If you believe that you have suffered financial loss as a result of the negligence of a professional then you will need to prove that the loss was caused as a direct result of the negligent actions of the professional.
How long do I have to make a claim?
If court proceedings are to be issued, they must be brought within certain time limits or the professional will have a strong defence that the claim has been issued out of time. Most negligence claims are settled without the need for court proceedings but to get to this point, you will need the advice and careful negotiations of an expert solicitor. If you think that you have a valid professional negligence case, seek advice as limitation periods for professional negligence claims are tight and the law is complex with strict court protocols.
What other factors need to be considered?
It is important to remember that you have a duty to mitigate your losses. This means that you must take reasonable steps to minimise your loss and avoid steps that increase the loss. If you fail to mitigate your loss you are unable to recover damages for losses which could have been avoided by taking reasonable steps.
In a professional negligence claim, the professional may also seek to argue that you have caused or contributed to the losses suffered. This is referred to as the defence of contributory negligence. If the professional is able to show contributory negligence, the losses claimed may be reduced by a court having regard to your share in the responsibility. It will also affect the claim if another party has caused some or all of the loss suffered.
To contact our professional negligence law solicitors, please phone our office on 0207 281 1001. You can also email us at enquiries@faradayssolicitors.co.uk