Case Study: Professional Negligence Claim against Property Solicitors regarding a Property Development Dispute

5th October 2022 by

Robert Johnson, Partner and Head of Professional Negligence at Healys LLP, successfully represented a claimant in a professional negligence claim against a firm of solicitors.

The claim arose from the fact that, in acting for the claimant in his intended purchase of a property (and for which our client had transferred £270,000 and which was held in their client account pending completion of the purchase) his conveyancing solicitors transferred the purchase monies to the conveyancers purportedly acting for the sellers but did not obtain the property for the client.

The reason was fraud.  The purported sellers were fraudsters pretending to be the real owners/sellers of the property.  This was not picked up by the “seller’s” conveyancers who therefore transferred the monies to the fraudsters, leaving our client with nothing and for which he had paid £270,000 plus costs and more.

While our client may have had a claim against the conveyancers acting for the purported sellers, he had a much better one against his own conveyancing solicitors for breach of trust which is a strict liability claim i.e. one where there can be no defence.  As a consequence, Robert successfully settled this case on behalf of his clients during the pre-action period within 9 months and obtained 90% of the claim and costs.

After the settlement the claimant said:

“As a KC with over 30 years in practice it came as an unpleasant shock to find myself cast in role of claimant in a professional negligence action. I count myself very fortunate to have instructed Robert Johnson to act on my behalf. Throughout the case Robert provided an excellent service in every respect. He has first class legal knowledge, is tactically astute, an excellent communicator who is always prepared to go the extra mile to secure the best possible outcome. I have no hesitation in strongly recommending him.”

In a recent interview with Latest TV, Robert discusses what one needs to know when considering a claim against a professional. Watch the full interview here:

Healys Professional Negligence Services

Healys Professional Negligence legal team have acted against most professionals, which includes solicitors, barristers, architects, surveyors, financial advisors and accountants.

Healys Professional Negligence solicitors have an outstanding reputation for gaining the best possible outcomes in professional negligence cases. For more information or advice, please contact: