When engaging the services of a tax professional it is reasonable to expect a certain standard of expertise. We place our trust in tax advisors and expect that they will act in a way which protects our best interests while also being transparent and within the law. In cases where service and results fall below expected standards, it may be possible to proceed with a professional negligence claim against the firm or individual involved.
Robert Johnson is an experienced professional negligence solicitor. He is happy to discuss your claim on a no-obligation basis and will offer initial legal advice so that you may best determine your next steps.
Duty of care and breach of duty
A duty of care is usually implied in the relationship between a tax advisor and client – a duty of care which should be met by the advisor’s capability to provide a reasonably competent level of service.
The test of this level has been described as being what “the reasonably competent practitioner would do having regard to the standards normally adopted in his profession” Midland Bank v Hett, Stubbs & Kemp 1979.
Where this duty is breached and loss is sustained as a result there may be strong grounds for proceeding with a claim against the advisor.
Poor or inadequate tax advice may be unacceptable, but there can be no recourse to professional negligence litigation unless the substandard advice has caused actual financial loss.
Where the advice has proved merely inconvenient or incorrect but resulted in no harm, although it might spell the end of the client-advisor relationship, it will not result in a case for negligence.
Just as negligence can occur without causing any loss, so too can loss occur independently of negligence. For a claim against a tax advisor to succeed, a professional negligence lawyer must prove that the negligence, the substandard advice or management of tax processes, was the likely cause of the loss.
Professional negligence specialists in London and Brighton
Whether it as a result of a failure of an advisor to submit documents on time, mismanagement of a trust, or because of inaccurate advice, if you have suffered financial loss as a result of tax advisor negligence, it is worth seeking legal redress.
Our partners in London and Brighton offer clear, efficient and cost-effective legal advice and can provide you with the knowledge you require to make an informed decision about proceeding with a professional negligence claim for negligent tax advice.
Get in touch with our partners by using our call-back form, email partner Robert Johnson or call him directly on 020 7822 4106.