While compensation may not be able to help repair the damage done, it can go a long way towards helping you recover from the effects of the professional negligence you have endured. Pursuing a professional negligence claim can be beneficial for you or your business, both in the immediate future and the long term.

We understand how difficult it can be to have not received the service you expected. Fortunately, we can help you if you think that you have suffered as a result of professional negligence when receiving services from different types of professional bodies. These include:

• Solicitors
• Barristers and other legal practitioners
• Surveyors
• Accountants and other financial advisors, including banks
• Insurance brokers

Professional negligence claims against solicitors are possible, but complex. If you believe a solicitor has been negligent or you have been involved in a dispute with a solicitor, your first step should be to contact us. Our specialists need to discuss the events in question before any action can be considered.

If you’re thinking of pursuing a negligence claim against a legal professional or firm, it’s imperative to choose the right lawyer to support you. To make a successful claim against a solicitor, you must be able to prove that they breached their duty of care to you and that you consequentially suffered a loss as a result.

The solicitor you trusted to represent you may have made an error and been negligent, resulting in financial harm or loss of chance to pursue a claim. The solicitor could be liable to compensate you for those errors and financial losses that might not have occurred without their negligence.

With specialist advice from the team at Been Let Down, we can support you in making your claim and showing you how to compile correct evidence in the right way.

Professional Negligence

Failing to comply with a court order or deadline

A failure by your solicitor to comply with a court order or deadline applies to all litigated claims subject to case management court directions. It may also apply to situations where your claim is compromised as a result of inefficient action by your solicitor.

If your claim has been struck out by the court, preventing you from recovering compensation, you might have grounds to make a solicitor negligence claim. You would therefore be entitled to recover your damages from your former solicitor.

Providing incorrect legal advice

If your legal advisor provided an opinion you relied on and you believe that it resulted in your financial loss, you may be able to make a professional negligence claim for compensation. This can only happen if that advice was given negligently. Sometimes, the solicitor may fail to provide advice rather than providing wrong advice which can result in a loss.

Solicitors sometimes instruct barristers on your behalf. Although you may not have a contract with the barrister, the solicitor may not be able to escape liability if the barrister’s advice is incorrect and the solicitor relies on it. Whatever the situation, the solicitor has a duty of care to you to ensure that their advice is accurate and correct. If this is not the case, you may be able to make a professional negligence claim. This may be in addition to any claim against the barrister.

Failing to properly investigate evidence

Your solicitor may be professionally negligent if they fail to gather all supporting evidence for your case, impacting the claim’s chances of being successful. However, solicitors cannot be held responsible if an independent witness is untraceable or refuses to cooperate, or if your claim was highly likely to fail.

If you think your solicitor has let you down or given advice that caused you financial loss, you may have a claim for compensation. In this case, getting in touch with us as your ‘No Win No Fee‘ solicitors can be the best course of action.

Financial advisor negligence

Suggesting unsuitable investment products

Occasionally, financial professional negligence involves being misled on products and services, including pensions. Understanding the client’s financial situation, in addition to any other relevant circumstances, is an integral part of any financial advisor’s duty of care.

In the unfortunate event of the advisor’s failure to consider their client accurately and appropriately before advising or recommending certain investments, there could be grounds to make a financial negligence claim.

Giving negligent advice on high-risk investments

Certain types of investments come with considerable risk, which is usually explained by the advisor and acknowledged by the client. In some cases, financial advisors might act negligently by failing to advise their clients comprehensively on the risks of their recommended investments.

Financial advisors might also try to shift their client’s attitude towards products deemed riskier, such as cryptocurrencies. If either situation results in financial loss for the client, they might have a case to put forward with the support of qualified professional negligence solicitors.

Mistakes made by accountants

Giving ineffective or incorrect advice

If advice given by your accountant directly caused you or your company a financial loss, you might be able to make a professional negligence claim. From any accountant, reliable advice is critical and must meet the expected professional standards.

To make a successful claim against your accountant, you must be able to prove not only the details and extent of the loss but also that the accountant breached their duty of care to you. The nature and duty of the accountant will be determined by the retainer you have with them.

Providing incorrect tax information and advice

Unfortunately, errors can also occur when it comes to your accountant’s management of personal or company tax. If your accountant fails to fulfil their duty of care to you in this way, the financial consequences can be significant.

You or your business may also suffer reputational damage, leaving you in a challenging situation. When it comes to approaching the mistakes with HMRC, you may need to pay fines or penalties. If you suffer this type of loss as a direct consequence of negligent advice from your accountant, you should contact us for accountant negligence advice as soon as possible.

Missing key deadlines

In any trade, most payment deadlines are time-critical. If an accountant misses the relevant deadlines to file an annual tax return, your business may be looked upon unfavourably by HMRC.

Without timely support and investigation from an established team of professional negligence lawyers, your business might face fines or even suspension as a result of your accountant’s inability to fulfil their responsibilities.

Property negligence by surveyors

Incorrect or misleading valuations>

Professional negligence is surprisingly common in property purchasing. A client might encounter a financial loss after finding out that their property has been valued incorrectly by a surveyor. This situation can be financially catastrophic, resulting in a property being bought for more than its real value.

When the lender appoints the surveyor on the buyer’s behalf, there’s often no contact between the two parties. However, even in this case, buyers who have suffered a loss as a result of an overvaluation can still get in touch with our specialist professional negligence solicitors.

Recommending the incorrect survey type

Different buildings require different types of survey, and it’s part of a surveyor’s responsibility to understand every niche in their trade. This is one example of a surveyor demonstrating insufficient knowledge or experience, which could be grounds for a professional negligence claim if their client suffered a financial loss as a result.

Failure to notice damage or defects

When a property isn’t inspected properly, important issues can be overlooked. This could cause various issues and increase the maintenance demands for the homeowners later down the line or lead to costly repairs or treatments being required.

Professional negligence may arise if the surveyor fails to carry out their inspection thoroughly and to the expected standard. If any major risk factors or hazards are later identified in the property, the surveyor could be liable.

If you think you have a claim, please contact our professional negligence solicitors.

Our initial consideration is free and, during this time, we aim to ascertain the likelihood of a successful claim. To further proceed with any professional negligence claim, we may need to see the professional’s file to determine whether they were negligent. We may also need to see supporting evidence from an independent expert, such as an accountant, to confirm that there has been a breach of duty. 

Yes. There are statutory time limits imposed by law for bringing negligence claims. These limitation periods are detailed within the Limitation Act 1980.

Following most professional negligence actions, you have six years in which to file a claim with the court. However, there are exceptions to the rule depending on the circumstances of the case. Failure to comply or recognise the relevant limitation period or date may result in you losing your opportunity to pursue your claim, so getting in touch with professional negligence solicitors as soon as possible after the event is advised.

Limitation in professional negligence claims is a complex issue and is often a point of contention between the parties involved in litigation. If you are unsure of the time limit that applies to your case, please do not hesitate to call us. By delaying, you may jeopardise your chance.

Should it be determined that your professional negligence claim is valid, in most cases we will be able to offer a Conditional Fee Agreement, also known as ‘No Win No Fee‘.

There are several advantages to this agreement. Firstly, it shows that we have confidence in your case and its success. Secondly, it protects you financially, as you will not pay us if your professional negligence claim is unsuccessful. No Win No Fee provides a clear framework for payment with no hidden charges. We will explain this in detail to you.