Are there obstacles to redress?
Healys LLP is a team specialist professional negligence solicitors with offices in the legal districts of both London and Brighton – although we are able to represent claimants from all over the UK. Our solicitors specialise in many types of claims, including those against the following types of professional:
- Claims management companies
- Construction contractors
- Financial advisers
- Real estate agents
Does the professional have the necessary insurance
Even if your claim is irrefutable in law, if the defendant does not possess sufficient insurance there is unlikely to be any point in pursuing a claim for professional negligence.
This is because not only will you have little or no prospect of receiving damages from your claim, it is also because you will incur professional negligence lawyer fees along the way as well as associated legal costs. Sure, you might be vindicated in a court of law, but to what end?
Of course, all reputable professionals should have the requisite indemnity insurance in place, but with some firms struggling to meet the costs of insurance in an increasingly tight market, it is essential to check this before giving instruction.
Ever since the Jackson legal reforms, claimants have had to think more seriously about issues of costs-proportionality. This means that you should weigh up the likely legal costs against the likely value of any payout; unless the proposed litigation has a strong chance of leaving you with a significant ‘profit’ it is not worth pursuing.
Other routes to redress
If the defendant does not possess sufficient insurance cover or if you have sat down with your professional negligence lawyer and worked out that there will be little cost-benefit to pursuing a claim, you will have to consider what other routes are available.
Making a complaint is likely to be the best avenue for a dissatisfied client in this situation. The relevant ombudsman can be a good port-of-call. For example, the Financial Ombudsman Service is playing an increasingly more important role in laying down standards, whether it is through its rulings or its adjudications.
Realise the value of your dispute with Healys LLP
Healys LLP professional negligence lawyers strive to ensure early and advantageous settlement of a claim – this helps avoid costly and lengthy litigation. However, in cases where satisfactory early-stage settlement is out of reach, we are prepared to robustly litigate.
For advice and support from our Brighton and London offices, use one of options listed on the left-hand side of this page.