Professional Negligence - How claims work. Where to find help.

Professional Negligence - How claims work. Where to find help.

For Professionals:

Are you an Architect, Accountant, Banker, Barrister, Engineer, Insurance Broker, Surveyor…or a member of any other profession and been accused of negligence? Lawson West can provide you with a robust defence.

A claimant will have 6 years to bring a claim against a professional, with some exceptions. If a claimant is unaware of a professional’s breach, or the loss that flows from that breach, they will have a further 3 years from the “date of knowledge” (of the breach or loss). A long stop of 15 years applies to this rule.

As a professional, you owe a duty of care to your clients and your performance in this regard will depend upon a blend of the scope of work you're contracted to undertake, the instructions that were agreed between you and the client, and the regulatory duties and limits that govern your specific profession. As part of discharging a duty of care, the professional must provide robust advice on risk to the client, and recent caselaw states that it should be explained to a client if there is a possibility that another professional in the same field, may have a different view, or alternative advice or plan of action.

Contact Lawson-West Solicitors today
if a claim is being made against you
on 0116 212 1000

For Individuals:

If you have instructed a professional to provide a service / advice, and you have suffered a loss as a result, contact Lawson-West today. The time limits for bringing a claim (set out above), are strict limits and you should act quickly before you lose your right to claim.

We will act for you in obtaining damages and/or compensation whether that be by way of settlement through Alternative Dispute Resolution (ADR), without the need to go to court, or, if settlement is not possible, we will represent you in court.

Take the stress out of the situation and
call Lawson-West Solicitors today on 0116 212 1000

The Process:

The Civil Procedure Rules provide a Protocol which must be followed when dealing with Professional Negligence claims. This includes the Parties being open to attempting resolution outside of court, by attempting ADR such as mediation or negotiation. If the issues cannot be settled without the need to go to court, the claim will usually start in the Business and Property Courts (BPC) or the Technology and Construction Courts (TCC). There are several steps involved in a claim in court, and we can guide you through the entire process.

Call the Litigation & Dispute Resolution Team
at Lawson-West Solicitors today on 0116 212 1000.

 

 

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