Professional negligence cases take many forms and can be applied to any service in which you have been offered expert advice. There are regrettably instances where the standard of professional service provided by advisers to their clients falls short.The most common areas in which we see claims include: accountancy, architecture, engineers, quantity surveying, solicitor services, financial advice and insurance brokers.
At MKB Law, we aim to help our clients by giving a clear explanation of the following:
The steps which solicitors are obliged to follow under the pre-action protocols
Alternative dispute resolution (ADR) methods allowing a settlement to be reached out of court
Costs and funding options- particularly whether an after the event (ATE) insurance policy could be obtained
The procedure by which the relevant records are obtained
The expert evidence that should be procured
With a wealth of experience in this area of law and renowned as one of the leading professional negligence solicitors in Belfast, our our Disputes department can advise you in any case of professional negligence.
Whatever the nature of your professional negligence claim, our team will do their utmost to achieve the best possible result for you and will keep you fully informed throughout proceedings.
If I think I have a professional negligence claim, what steps should I take first?
If you are unhappy with the service or advice given to you by a professional you should consult with your solicitor at MKB Law to determine if you have grounds to make a case. Time is an essential factor in professional negligence cases and so it is vital 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 gather as much information together as possible by recording any details, transactions or dealings that you have had with the service provider, e.g.: receipts, letters, emails, text messages and any other documentation you feel may be relevant
What are the costs involved in such a claim?
The cost of prosecuting professional negligence claims can often prove to be prohibitive, and they can be inflated by a number of factors, including:
- Involvement of experts
- The ‘Front-Loading’ of work envisaged by the Commercial Court pre-action protocol
- The engagement of barristers
- The fact that these cases tend to 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 they may be liable for should the legal action prove unsuccessful, can be worth looking into.
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.
What is accountancy negligence?
Accountancy negligence arises when you have received advice from an accountant that turns out to be inaccurate or even untrue. This advice may cover steps taken to reduce your tax liabilities or financial matters relating to your business. If you have suffered financial loss as a result of acting on this advice, you may be able to sue your accountant for negligence. Someone may wish to pursue a claim for professional negligence against their accountant for many reasons. Common examples include:
- Missed deadlines
- Overvaluing or undervaluing of assets
- Failing to spot important issues when carrying out a financial audit
- Negligent advice on tax
What is architect negligence?
An architect may be found to have been negligent if they have failed in their role, particularly if the result has been that the customer has suffered substantial financial loss. In many cases, these failings will result in significant delays or a drastic increase in costs on building projects. The Professional Negligence Solicitors at MKB Law have many years of experience acting on behalf of clients to recover sums lost as a result of architect negligence, in many cases reaching settlements without the need for court action.
What is solicitor negligence?
The list of circumstances in which you can claim negligence against a solicitor is extensive, with typical examples including:
- Conveyancing negligence
- Negligent commercial law advice
- Divorce negligence
- Negligently drafted wills
- Missed limitation dates, often for personal injuries
- Errors in drafting legal documents
- Failures made during court proceedings
Often the result of such negligence is that financial loss is suffered or a case in which you are a party is decided against you. A claim for negligence against a solicitor will generally have to be made within six years, however this may be extended if the negligence only comes to light at a later date.