Businesses and individuals engage in a wide range of professionals to act for them. These include, amongst others, accountants, solicitors, financial advisors, stockbrokers.
Even the most competent of professionals will, from time to time, make a mistake. While in many cases the mistake can be rectified before any loss is caused to the client, nevertheless there are cases where this is not so.
The mere fact that a professional has made a mistake does not necessarily mean that they were negligent.
In such claims it is necessary to assess and analyse the scope of any contract between the client and the professional, and to determine whether, and to what extent, the professional failed to meet the standards that could reasonably be expected of him/her. It is also necessary to establish a causal link between the negligent act and the damage caused.
The assessment of damages in such cases is of itself a complex task.
In order to pursue a claim in professional negligence you will need the services of a solicitor who has specific knowledge and experience of such cases. Professionals are almost always insured, and if a claim is made then inevitably a competent firm of professional defence lawyers will be engaged by the professional’s insurers.
At TWM Solicitors we have dealt with such claims over many years and can therefore bring the appropriate expertise to bear in support of any claim that you might have.
We also have access to selected specialist Barristers who are experts in this field, and other expert witnesses whose expertise will invariably need to be drawn upon in order to present a sustainable case.
Such cases can be prohibitively expensive to take all the way to trial, and in many cases therefore we would promote and encourage professional Mediation as a sensible alternative to taking the matter to a trial.
Partner in Dispute Resolution
We have a proven and long-standing reputation for delivering outstanding dispute resolution services.
We set ourselves apart from our dispute resolution competitors by being approachable, personable, and dynamic.
We offer City-level dispute resolution services at a fraction of the cost.
We hold expertise across a broad spectrum of dispute resolution areas, both in personal and business capacities. If you have a problem, a claim or a dispute – we can almost always help, often across a combination of practice areas.
We are one of the leading teams of professional dispute resolution solicitors in the South of England, consistently ranked and recommended in the leading legal directories, including The Legal 500 and Chambers for the quality of our service and knowledge.
We offer our dispute resolution clients specialist advice on a large range of legal matters that might arise out of litigation work, utilising the strengths of our Business Law, Employment Law, Commercial Property, Residential Property, Lending, Private Client and our Family Law teams.
Typically, if you feel that there has been work done or advice given (or a failure to give advice) by a professional retained by you, which you feel has been incorrect or otherwise below the standard to be expected, and has caused you loss.
We can advise of a wide range of professionals such as solicitors, accountants, architects and other construction professionals, surveyors / valuers, insurance professionals and financial services professionals. Usually. It is necessary to also retain an expert in the relevant area to assist in advising on whether the professional has been negligent.
This depends on the nature of the claim and the amount of work involved. Most professional negligence claims will be subject to the pre-action protocol for professional negligence, which the parties will have to comply with before any claim is actually issued, but provides a process to try and resolve claims before it becomes necessary to issue Court Proceedings. Typically, this process takes between 3-6 months. If it becomes necessary to issue court proceedings, then the claim will take longer to resolve.
This will very much depend on the nature of the claim, the amount of work involved, and length of time the claim takes to resolve. TWM is experienced in finding flexible ways to allow claims to move forward, and in some cases, will agree to act on a wholly or partly conditional fee basis. We are happy to discuss this when instructed.
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