Professional Negligence
Professional negligence occurs when a professional breaches their duty of care, or fails to carry out their responsibilities to the required standard. Such poor conduct usually means that their client experiences a financial loss, personal setback, physical injury or some other negative consequence.
A client who has been adversely affected by the misconduct or poor standards of a professional may have the right to pursue a professional negligence claim.
Businesses and individuals increasingly depend on advice from professional advisors and if that advice turns out to be incorrect, immediate legal guidance is required to limit the damage.
Handling professional negligence claims demands a team with experience and expertise. Here at Isadore Goldman, we can provide businesses and individuals with the legal guidance they need to ensure their interests are protected.
Where appropriate, we can guide you through an Alternative Dispute Resolution (‘ADR’) procedure, to avoid drawn-out and expensive litigation. Where litigation cannot be avoided, we can represent you throughout court proceedings.
Our professional negligence advisors have successfully represented private individuals in claims against surveyors, architects, accountants and solicitors. We also represent property developers, investors and banks, to name a few, in claims against professionals.
We have extensive experience representing both businesses and individuals in pursuing and defending professional negligence claims, and can offer legal support with all aspects of these claims, including:
- Making or defending professional negligence claims
- Assisting with alternative dispute resolution
- Support throughout the pre-action protocol stage
- Providing guidance on professional standards and duties of care
- Advising on insurance issues
- Representation in proceedings in court
Ready to speak to us? You can contact your local Isadore Goldman office in London, Norwich or Portsmouth or email info@isadoregoldman.com.
Why choose our professional negligence solicitors?
Independently recognised expertise
Our specialist lawyers are widely recognised for their industry-leading expertise, with consistent recommendations in renowned client guides, including Chambers & Partners and the Legal 500.
Pragmatic, cost-efficient legal advice
At Isadore Goldman, we pride ourselves on providing cost-effective and pragmatic legal advice to all of our clients. We will ensure that we suggest the most appropriate course of action, to minimise disruption to both your daily life and your business.
Commercially astute approach
Our professional negligence advisors take a commercially astute approach to every case, ensuring that we assess the impact on you or your business and thoroughly consider your needs. We’ve worked with clients in many industries and will ensure that you are fully aware of your rights and responsibilities.
Strong track record of success
Our professional negligence lawyers have a strong track record of success. We’ve helped clients in various sectors achieve positive outcomes, both in and out of Court. Often, we are able to help clients resolve matters without the need for proceedings to be issued. Where it is not possible to solve matters using ADR, we have a great record of successfully representing clients in Court.
Our professional negligence expertise
Making a professional negligence claim
If you’ve experienced a financial loss, injury or other negative consequence due to the negligence of a professional, our professional negligence advisors can advise and support you with pursuing a claim if there are sufficient merits.
Professional negligence claims may be based on breaches of:
- Statutory duty
- Fiduciary duty
- Duty of care
- Contractual terms
Examples of circumstances in which it may be possible to pursue a professional negligence claim include those in which a client's money is lost due to mistakes made by their accountant, or a solicitor misses a vital deadline on behalf of their client.
We have supported clients with a variety of professional negligence claims. We understand that inadequate professional advice can have many serious consequences and we take pride in seeking to make things right for our clients.
Defending a professional negligence claim
If one of your clients is attempting to pursue a professional negligence claim against you, it’s important that you seek legal advice immediately. Failing to properly defend yourself against a professional negligence claim could affect both your finances and your business reputation moving forward.
At Isadore Goldman, we will support you through every stage of the legal process. We’ll help you review the evidence, and guide you through your options and legal obligations.
Alternative dispute resolution for professional negligence
For some professional negligence claims, it may be possible to resolve matters using Alternative Dispute Resolution (‘ADR’).
If a matter is resolved via ADR, both parties can save on the time and legal costs of a court process. ADR for professional negligence claims may involve conciliation, negotiation or mediation. We can guide you throughout the relevant procedure, offering expert legal advice to facilitate the most favourable outcome.
With the benefit of our advice, many of our clients are able to reach an early resolution and return to business as usual. If it is not possible to settle the claim out of Court, you’ll receive expert representation to protect your interests.
Advice on the professional negligence pre-action protocol
The professional negligence pre-action protocol is used to establish the issues between the parties, including gathering evidence in support of the case. The professional negligence pre-action protocol sets out the steps that must be taken by both parties, including:
Preliminary notice
At this stage, the party pursuing the claim should notify the professional (the defendant) of the claim in writing, outlining the nature of the claim and an indication of its financial value (if the claimant has this information).
Acknowledgment letter
The defendant must acknowledge the letter within a 21-day time frame. At this stage, the defendant should collect any relevant evidence in support of their case and get in touch with their insurers.
Letter of claim
We can prepare a letter of claim to include matters including the facts on which the claim is based, the allegations against the professional, explain how the alleged error has caused the loss claimed, and estimate the financial loss suffered and how this is calculated.
The defendant must acknowledge receipt of the letter within 21 days.
Response letter
The defendant must investigate the allegations detailed in the letter of claim and provide a response within 3 months. This is usually done with the guidance of a solicitor. The response must state whether the defendant is admitting to the allegations or denying them and on what grounds.
Letter of settlement
The defendant may wish to settle all or part of the claim and, if so, they should provide a letter of settlement to the claimant.
If the claim cannot be settled, both parties should take legal advice before moving onto dispute resolution or issue of Court proceedings.
Legal advice on professional negligence
Running a business gives rise to important responsibilities. At Isadore Goldman, we have the knowledge and expertise to ensure that professionals are fully aware of their duties.
We can help businesses ensure they comply with the professional guidelines of their regulatory body. We’ve worked with clients in a number of sectors and are dedicated to supporting businesses in maintaining standards.
If you’re pursuing a professional negligence claim against a company, you may be unsure of your rights and the best course of action. We can help you assess your claim, review your evidence and advise you on how to move forward.
Advice on professional negligence insurance issues
If a professional negligence claim is being brought against you, it’s vital to communicate with your insurer.
Insurers may try to avoid providing cover, depending on the circumstances of the case. If you’re experiencing insurance issues as part of a professional negligence claim, our team can offer the legal advice you need, steering the situation toward the best outcome.
We have a solid understanding of the strategies used by professional indemnity insurers, putting us in the ideal position to offer advice and guide the situation towards a favourable conclusion.
Representation in court
We will do all we can to help you settle professional negligence issues outside of court proceedings. However, this may not always be possible, especially in more serious and complex cases. In this situation, our professional negligence solicitors can support you every step of the way with specialist legal assistance, helping you to resolve the matter as swiftly and cost effectively as possible.
Contact us today
For clear, practical advice about professional negligence, please speak to our expert team today. You can get in touch at one of our offices in Norwich, Portsmouth, or London, or email info@isadoregoldman.com.