Solicitor Negligence Claim

Have you been let down by a solicitor? Received poor advice? You could claim compensation.

Check if you’re eligible or request a call back

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:

  1. 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.

  1. 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.

  1. 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.

What needs to be proven for my claim 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 any concerns you may have, 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 solicitor / professional negligence “test”, which is as follows:

  1. 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. Though, in the absence of a written retainer it may be implied by the parties’ conduct.

  1. 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.

  1. 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.

What are the typical types of claims?

This is wide and varied.

In litigation, missing a court deadline date is common. Also, 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 your 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 is also common.

Another common type is just plain old bad advice and poor service resulting in your financial loss. Giving wrong advice, not acting in your best interests and not complying with court orders or missing court deadlines and causing claims to be struck out. 

Moreover, not instructing an appropriate expert in court proceedings or suing the wrong defendant are also typical types of professional / solicitor negligence claims.

What exactly 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, such as 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 received 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 will not 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?

The process is very simple. 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.

We're rated Excellent

TrustScore 4.7 out of 5
Client Testimonials

Over 10 years of winning our cases!

"I have used Treadstone law for myself and my family over the last 10 years , they are a very good company and always win our cases!"

Mr B Bojang / Manchester

Highly recommended

"Very satisfied with the outcome of my claim. Everything was explained to me in an easy to understand way. My solicitor was very friendly and approachable. Highly recommended."

Paul / Manchester

Professional, efficient and effective.

"I have dealt with Treadstone Law on several occasions and have always found them to be professional, efficient and effective. I would highly recommend them."

Mr N Cahill / London

Utmost skill and professionalism.

"When the dentist ruined my teeth Treadstone Law handled my claim for dental negligence with utmost skill and professionalism. I was able to recover damages sufficient to rectify the carnage inflicted on me by the dentist."

Dominic Walker

Invaluable in getting me the result

"Recently had Stuart represent me during a difficult period. He was excellent at communicating with me throughout, and clearly has a lot of knowledge. Stuart put it in a way I could understand which made my ability to be properly involved so much easier. His advice was invaluable in getting me the result, but his personable manner was the reason I chose him to represent me. I have already passed him on to several friends and a family member, with all positive feedback."

Ben Nolan

Couldn't me more pleased with the result

"I was a bit worried at first having never made a claim, but Stuart really knows what he's doing and looked after my case from start to finish. Couldn't be more pleased with the result and the way it was handled."

Mr B. Worsley

Goes above and beyond!

"I have dealt with Treadstone law twice. On both occasions I recieved much more than I was expecting financially. The service levels recieved at Treastone law and more specifically Stuart was exceptional.. Stuart goes above and beyond! He was in touch at every point throughout the process and I would highly recommend him!"

MR C Bowman

"Treadstone delivered timely and accurate legal advice which helped me enormously and directly lead me to winning my case."

Mr B / Manchester

"Treadstone Law were recommend to me, they took the case on very quickly spoke to all witnesses within 48 hours and even met me at the scene of the accident so that I could walk them through what happened."

Miss S / Oldham

"Fantastic customer service, speedy resolution to my case, Stuart and Shu were friendly and knowledgeable."

Mrs H / Bury

"My wife was recently involved in a quite serious car crash, thankfully she wasn’t seriously injured but the car was totally destroyed, Stuart and his team handled everything from day one, from getting the pay-out for the car to dealing with the injury claim in an extremely professional and compassionate manner, he kept in contact with us at every step of the process and managed to sort everything out in under 12 weeks. I would recommend Treadstone Law to anyone that has had an accident, excellent service and total professionals."

Mr Howard / Manchester

"My solicitors have worked really hard to win my case. I am really pleased with the services provided. I would definitely recommend Treadstone to friends and family in the future. Thanks again."

Mrs M / Cheshire

“I was inundated by phone calls from dodgy companies telling me to put a claim in, but a colleague recommended Treadstone Law. I gave them a call and was astonished that, nine months later, I got a cheque for £4,700. Brilliant result!”

Mr S / Wythenshawe

“My son was injured at a holiday club. Treadstone Law came out to see me the same day I contacted them, and the solicitor who showed a real interest in the case. He explained it all well and was really nice to my son who was a bit frightened as he thought he was in trouble . We went to the scene of the accident and he did a full report taking loads of photos . This was really important as the play scheme moved all the incriminating evidence the next day.”

Miss C / Cheshire

“I had a simple road traffic accident and I was astonished when my solicitor called me and said she has settled my case for £13,000. I was very happy with the customer service that I received from Treadstone Law. They were always happy to help me with any questions I had and made me feel so welcome when I visited their offices. I will recommend my friends and family to use them if they require legal services.”

Mrs O / Manchester

“I was treated as a real human being by Treadstone Law. I was asked how I was, and the Solicitor did more than I had come in for, as I asked his advice about several other things. He answered all my questions and advised me what I should do, or what he would do if it were him. He made up for a lack of sensitivity shown by another solicitor’s firm, who treated me like a cash cow, were mercenary and lacked empathy. Unfortunately, I still have to deal with these solicitors, but not for long hopefully. Thank you again, and I will recommend you. Treadstone Law have restored my faith in solicitors!”

Mrs D / Manchester

“I was very impressed with the service I received, from the start of my claim to completion.”

Mr S / Bolton