Dealing with difficult professional negligence defendants
One of the most frustrating things a professional negligence claimant can experience is the defendant that buries its head in the sand and refuses to acknowledge the seriousness and reality of the claims it is facing.
Of course, some claims are without substance, but this can be no excuse for a defendant refusing to engage with the professional negligence claim process.
Defendants, be they accountants, architects, barristers or financial advisors, should notify their insurers of the claim, take legal advice and be realistic in assessing the veracity of the claims they are facing.
They should also take steps to ensure that they have all the relevant documentation to hand so that both their own legal teams and the courts can, when required, take steps to determine the strengths of each side’s legal position.
Perhaps above all else, defendants should be vigilant in ensuring that they comply with the relevant Pre-Action Protocol.
Pre-Action Protocols are designed to enable parties to engage proactively and non-contentiously to resolve professional negligence claims without litigation. Any failure on the part of either side to do this properly can result in courts taking a disadvantageous view of the non-compliant party.
Yes, professional negligence claims are a serious business, and if the professional you instructed is not taking your allegations or complaints seriously, you should seek legal advice and representation to advance your rights. Click here for more information .