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Solicitor Negligence Claim
Have you been let down by a solicitor? Received poor advice? You could claim compensation.
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Have you suffered as a result of
solicitor / professional negligence?
Yes + Qualify your claim
Have you suffered financial loss because of professional negligence?
If you have suffered financial loss because of your solicitor’s professional negligence, you may be able to claim for compensation.
We are here to make sure you are correctly compensated. Human error from a professional can cause great harm.
Do you feel that your solicitor has provided you with a poor standard of service?
You may be eligible to claim for professional / solicitor negligence, if your solicitor has:
- missed a deadline or time limits which has left you unable to pursue legal action to enforce your legal rights,
- provided you with incorrect or inappropriate advice,
- failed to properly prepare your case,
- or failed to act upon your specific instructions,
- or made a binding agreement which was opposite to your intentions.
What is solicitor / professional negligence and what does it mean for you?
Professional negligence or solicitor negligence is when you have suffered loss due to the negligent advice or actions of a professional/ solicitor.
So, if you employ a professional person such as a solicitor, accountant or a surveyor and they make a serious mistake whilst working for you that results in a financial loss to you, then they may have acted negligently. You can then look to recover compensation that fully covers the level of your losses.
In Hedley Byrne & Co Ltd v Heller & Partners Ltd, the rule was established that irrespective of contract, if someone who possesses a special skill undertakes to apply that skill for the assistance of another person who relies upon that skill, a duty of care will arise.
Therefore, if your solicitor breaches that duty of care by making a serious mistake, then it can be classified as professional/ solicitor negligence.
Your Questions about Solicitor / Professional Negligence Answered
What is professional negligence?
If you employ a professional person such as a solicitor or accountant or surveyor and they make a serious mistake whilst working for you that results in a financial loss to you then they may have acted negligently. The long established legal principle in Ross v. Caunters [1979] 3 AER 580, holds that lawyers can owe a duty of care both to their clients and to third parties who suffer loss or damage.
In Hedley Byrne & Co Ltd v Heller & Partners Ltd the rule was established that irrespective of contract if someone who possesses a special skill undertakes to apply that skill for the assistance of another person who relies upon that skill, a duty of care will arise.
If the solicitor breaches that duty of care by making a serious mistake, then it can be classified as professional negligence.
Do I have a claim and what do I need to prove to be successful?
Having been let down by a professional, the question of whether there is a potential claim and how to assess this can be daunting for clients. To help address those concerns we set out the relevant legal principles below. In order to be successful with your claim, you will need to prove that you can meet the professional negligence “test”, which is as follows:
- Duty of Care
As a starting point, you must prove that you were owed a duty of care by the professional involved. The duty is usually evidenced by the written retainer/engagement letter between the professional and client but in the absence of a written retainer it may be implied by the parties’ conduct.
- Breach of Duty
You must also prove that the professional breached the duty of care that was owed to you. To do this, you will need to demonstrate that the services provided by the professional fell below the standards of a reasonably competent professional. The professional is judged by a standard of care of a reasonably competent professional specialising in the area in which they hold themselves out as having expertise in whether that is law or accountancy etc.
- Causation/Loss
Once you have established that there was a breach of duty, you must also prove that the loss was caused by the negligent act or advice. This is commonly referred to as “causation”.
The relevant test is whether “but for” the professional’s negligence would the loss have still have occurred. A claim will not succeed if the claimant would have acted in exactly the same way had the professional not been negligent.
It is also worth bearing in mind that in addition to a claim for negligence there may be a claim for breach of contract and/or statutory duty, or in some circumstances misrepresentation and/or fraud.
Typical types of claims?
This is wide and varied .
In litigation missing a court deadline date is common , under valuing a claim and settling it for much less than it was worth , or failing to explore other avenues of loss such as future medical treatment or loss of earnings . Often very lengthy delays in acting can result in the case being prejudiced in some way .In conveyancing it may be not spotting defects in title or not transferring all the property to the new owners or failing to do proper searches . Mistakes in will drafting or the administration of estates.
Or just plain old bad advice and poor service resulting in financial loss.
Giving wrong advice not acting in your best interests
Not complying with court orders or missing court deadlines and causing claims to be struck out
Not instructing an appropriate expert in court proceedings
Suing the wrong defendant
What can I claim for?
There are numerous areas that you can make a claim for, including:
- Failed / Undersettled Claims
- Limitation Expired
- Court proceedings struck out due to solicitors not complying with deadlines
- Solicitors missing heads of claim like loss of earnings or hire charges
- Claims settled by solicitors where you are still suffering or have been made permanently injured.
The obvious answer is the difference in what you should have got and what you actually got plus additional damages for the breach itself. You can also claim your legal fees back.
Will I pay you any money if I lose my claim?
No – we operate on a no-win-no-fee basis. If your claim is unsuccessful then you won’t receive any money and won’t have to pay a penny. The only exception to this is if you have told us anything that was not true or misled us in any way about your claim.
What should I pay you if I win my claim?
If your claim is successful, Treadstone Law may take up to 30% of the money you receive from your insurance company. However, the exact percentage may vary.
How much will I be awarded?
This depends on the individual circumstances of your claim.
I’m ready to make my claim – how do I start the process?
It’s a very simple process. Once you have submitted your free assessment form online, we will contact you about the next steps.
Not found an answer to your question?
Why should I choose Treadstone Law to help me with my solicitor / professional negligence claim?
Our civil litigation department has over 20 years of experience in making claims for clients like you against solicitors and professionals who have wronged people and we have a high success rate, subject to approval we can act for you on a NO WIN NO FEE* basis.
Your claim for professional negligence could get you the compensation you maybe eligible for. As part of our process we will need to see your supporting evidence straight away and asses the contents.
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