Professional Negligence Claims Against Solicitors: Business Property Defects

At Healys LLP, our Professional Negligence team, led by Robert Johnson, frequently advises clients on claims against solicitors arising from negligent legal services. The below cases illustrate how (1) solicitor failures can lead to significant financial and emotional consequences and (2) we can assist clients in seeking redress.

This article addresses solicitor failures in property transactions involving structural and legal defects.

Defects in Property

In this case, the client, who owned a restaurant business, instructed a firm of solicitors in relation to the purchase of a lease for a new premises for its business. The solicitors failed to identify and advise that the premises was located in a conservation zone and planning permission would be required (and was unlikely to be obtained) for the installation of equipment to convert the premises into a restaurant. This became apparent when the client, who had refurbished the property, sought to but could not assign the lease. As a result the client was forced to forfeit the lease. Had the client been properly advised, it would have selected an alternative location for its restaurant business.

In this case, a claim arose out of the failure of the client’s conveyancer’s to investigate properly and advise on matters relating to the purchase of some land prior to completion. In particular the conveyancers failed to advise properly the client on the location of the boundary. This led to the client implementing a development scheme which extended the boundary, which was only discovered once the development was largely completed and the units were in the process of being sold. This led to the units being sold for less than had been anticipated. We were instructed to pursue the conveyancers for recovery of the clients’ losses.

If you would like legal advice on these (or any) areas of Professional Negligence or further information on any of the above, please contact Robert on 07899973306 or robert.johnson@healys.com

Healys Professional Negligence Services

Healys professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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