There are regrettably instances where the standard of professional service provided by advisers to their clients falls short. For example; if a professional represents themselves as having more experience or skills then they actually possess, or being incompetent in the work they have carried out for you.
MKB Law’s litigation solicitors have vast experience in all matters relating to professional negligence claims. Our team is headed by Associate Director Jonathan Jackson who has successfully represented many clients in professional negligence actions.
What constitutes professional negligence?
Professional negligence cases take many forms and can be applied to any service in which you have been offered expert advice. The most common areas in which we see claims are listed below:
Accountancy or Financial Advice
Our claims and compensation team will help you with any case of professional negligence and with a wealth of experience we are a leading professional negligence solicitors in Belfast.
What steps should I take?
If you are unhappy with the service or advice given to you by a professional you should consult with a solicitor to determine if you have grounds to make a case. Time is an important factor in professional negligence cases and so it is essential that you get in contact with us as soon as possible in order to ensure that your case is heard.
It is also important to get as much information together as possible by recording details and gathering records of any transactions or dealings that you have had with the service provider, eg: receipts, letters, reports or any other relevant documentation.
What is involved?
At your initial consultation a member of our claims and compensations team will take detailed instructions from you of the circumstances around the advice or service you have received to get an understanding of your situation. Please bring along with you all relevant supporting documentation, including records of any financial loss you have suffered.
These types of cases invariably require the input of expert evidence. We have developed excellent working relationships with expert witnesses across all disciplines who we can readily call upon to assist at the outset. These cases lend themselves particularly well to alternative methods of dispute resolution such as mediation for which professional indemnity insurers have an increasing appetite.
For cases with a value in excess of £30,000 and which therefore fall within the jurisdiction of the Commercial Court, there is a recent pre-action protocol (setting out the steps parties to prospective litigation are obliged to follow before the issue of Court proceedings) with which this firm is well-versed.
The cost of prosecuting professional negligence claims can be inflated by a number of factors including: involvement of experts, engagement of barristers and the face that these type of cases can be very paper-intensive.
We make the discussion of funding options a priority early on in these cases to ensure our clients are fully prepared. Options such as the availability of after the event insurance (“ATE”), which protects the client against substantial costs that they may be liable for should the legal action prove unsuccessful, can be worth looking into.
How can we help?
We at MKB Law aim to help our clients by giving a clear explanation of the steps which solicitors are obliged to follow under the pre-action protocols, the forms of alternative dispute resolution costs and funding options (particularly whether legal aid is available or whether an after the event insurance (“ATE”) policy could be obtained), the procedure by which the relevant records are obtained and the expert evidence that should be procured.