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    PROFESSIONAL NEGLIGENCE

    If you feel that you have been let down by a professional, you may be entitled to make a claim against that professional for professional negligence.

    What is a Professional Negligence Claim?

    A Professional negligence claim is where a professional (such as a financial adviser, accountant, solicitor, architect, estate agent or a surveyor) fails to perform to their defined duties and this results in their client incurring a financial loss.

    Every professional has a duty of care to a client, which commands them to perform their job to an appropriate standard, with reasonable care.

    Negligence happens if a professional has not met this commitment when representing or working with their client.

    Professional negligence claims are not uncommon and in recent years have increased for a number of reasons. One contributing factor to this, is that we are increasingly more aware of our legal rights and how to exercise them.

    Healys solicitors has more than 20 years’ experience of advising businesses and individuals on negligence claims against professionals.

    Healys Professional Negligence team win 95% of their client’s cases

    Our legal experts appreciate that every case is different and holds its own complexities. That’s why we take a personalised approach when exploring our client’s situation in order to make sure we can support you in achieving the best possible outcome.

    Funding Your Claim

    If you think you may be in a position to bring a claim against a professional but may be concerned about your financial situation in pursuing this, we can help you. Our solicitors can assist you to assess the prospects of your claim and when possible, support you to find suitable funding to manage court fees and pursue the claim.

    For more information on ‘No Win No Fee’ and additional financial support, please click here.

    Our Recent Cases

    Here are some examples of recent professional negligence matters, which have been successfully won on behalf of our valued clients:

    • Claim against a firm of solicitors for professional negligence.  The claim arose from the manner in which the firm dealt with the client’s claims against various financial institutions for breach of contract and in particular the advice given in respect of the funding of those claims.
    • We succeeded at trial in the Technology and Construction Court in the case of Freeborn v De Almeida Marcal (t/a Dan Marcal Architects) [2019] EWHC 454 (TCC). This case was of wide-spread significance to those who commission construction professionals and was additionally covered in national newspapers.
    • A successful claim against a firm of accountants for failure to provide proper tax planning guidance in relation to a (now failed) tax avoidance scheme.
    • A claim against a leading national Bank, relating to the sale at undervalue of a substantial Georgian mansion.  The property was repossessed by the bank during the property crash in early 2011.
    • A claim against a firm of estate agents arising out of their failure to carry out (1) proper (or any) due diligence on the tenant of our client’s property and/or (2) sufficient (if any) security checks of the property. The claim also involved coverage of the clients’ insurance policies which may have been avoided as a consequence of the agent’s failings.
    • Advising on a claim against an IFA for negligent advice in transferring her occupational pension to a self-administered scheme. The claim involves complex issues of limitation and causation.

    Why Healys Professional Negligence Solicitors?

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

    We always aim to minimise the risk and stress of disputes by finding creative funding solutions to achieve efficient, but desired results.  In addition to a high quality of service, clients can be assured to receive transparency on costs throughout and regular updates on the practice and procedures involved in pursuing your claim.

    Healys Professional Negligence solicitors have an outstanding reputation for gaining the best possible outcomes in professional negligence cases.

    “In 2007 I had to seek the advice of Robert Johnson in the commercial litigation department. I am extremely glad that I did – in January 2010 I was awarded substantial damages for a wrong that I had suffered. Although the whole process is obviously a fraught one which is not to be undertaken lightly, Robert helped me through with confidence, calmness and assuredness. His knowledge of both the law and the due process were excellent whilst maintaining an awareness of my commercial needs. It is undoubtedly true to say that during the time that the litigation lasted, I viewed Robert as a partner as well as an advisor, in no small part because he and Healys shared the commercial risk by undertaking the matter on a “no win, no fee basis”. Without his marvellous support I would not have had the courage to take action and would not be in the happy state that I find myself in today.”
    Sherborne Land Limited

    Our team have achieved a range of legal rankings and awards, which further reflects the team’s professionalism and dedication to achieve the desired outcome of our clients.

    For the last seven years running, Healys Professional Negligence team has continued to be listed on leading legal review bodies, including Legal 500 and Chambers & Partners. Partner & Head of Professional Negligence, Robert Johnson, is also recognised as a leading individual in both Legal 500 and Chambers & Partners as are supporting Partners, David Bailey and  Jerome O’Sullivan.

    “Department Head Robert Johnson manages to master the detail while at the same time being focused entirely on the commercial aims of the client. He is “incisive and attentive, responding instantly to queries with clear answers and explanations”. The team, which includes David Bailey and the “brilliant” Jerome O’Sullivan, is experienced in claims spanning the legal, accountancy, financial, property and constructions sectors.”
    LEGAL 500
    “Robert Johnson of Healys earns plaudits for his wealth of experience and strong commercial views. He is “extremely knowledgeable and experienced, with a very practical and pragmatic approach.”
    CHAMBERS & PARTNERS

    Getting Your Claim Assessed by Legal Specialists

    Our professional negligence solicitors have the necessary levels of experience, expertise and resources to provide advice, assistance and representation to clients. The team includes a member of the Professional Negligence Lawyers’ Association with excellent contacts with leading chambers in this field.

    Professional negligence is a specialist subject within legal services and not an area of general practice for solicitors. This has the effect of reducing the number of solicitors who are sufficiently aware of the issues involved to enable them to undertake professional negligence work effectively.

    Healys professional negligence team are experts in this field and that is reflected in the increasing number of cases on which we are instructed and win. We advise on claims against most professionals including solicitors, barristers, accountants, surveyors, financial advisers, project managers, planning consultants and architects.

    “This firm Healys LLP is an outstanding law firm. If I have any law issues in the future, I would not hesitate to use them.”
    Martyn Gould

    Our professional negligence solicitors have the necessary levels of experience, expertise and resources to provide advice, assistance and representation to clients who believe that they have a claim against a professional. The key elements of this service are:

    • Quick and efficient review of any potential claim;
    • Clear advice on the merits of any potential claim;
    • Full explanation of the practice and procedures involved in pursuing a claim;
    • Transparency on costs; and
    • Availability of alternative means of funding to include conditional fee agreements.

    Contact Our Professional Negligence Solicitors in London and Brighton

    Healys professional negligence solicitors have substantial experience and expertise in professional negligence matters. The team includes a member of the Professional Negligence Lawyers’ Association with excellent contacts with leading chambers in this field.

    Call Us Today
    Call our London office on 020 7822 4000 or our Brighton office on 01273 685 888. You can also contact us online.
    Call Us Today
    London: 020 7822 4000 Brighton: 01273 685 888 Or you can contact us online: Contact Us
    Professional Negligence capabilities
    Professional Negligence experiences
    • Our client, a property developer was in the process of obtaining a property. The case involved two law firms that acted for the buyer & seller. After the transaction was complete, the client discovered that the seller had committed identity fraud and lost a considerable amount of money. Issues included breach of warranty of authority and breach of trust on the part of the solicitors who acted on behalf of the fraudster; the scope of the duty of care of the firm acting on behalf of our clients and whether the clients’ consequential loss of profit was recoverable at law. Our client decided to contact Jerome O’Sullivan and Healys’ Professional Negligence team in order to make a claim. Solicitors’ legal obligations in such circumstances are unclear and this matter may lead to clarification of the law in this regard. The team, led by Jerome O’Sullivan was able to successfully make a claim against the two firms for £1.5million.
    • Our client divorced with his wife and asked his former solicitors to take on his case. After completing procedures, he realised that the law firm had not protected his interests & assets. His wife dissipated all the assets leaving him very surprised and unsatisfied by the service that they had provided. Our client decided to contact Robert Johnson and Healys’ Professional Negligence team in order to make a claim. Robert Johnson and the Healys Family team acted extremely promptly to guarantee our client a success in his claim. They were able to successfully make a claim in the sum of £50,000 for failure in acting for our client’s best interests.
    • Our client’s claim arose out of the failings of her former solicitors to deal with her divorce. This included the dissipation of assets held by the husband in Hong Kong by way of freezing orders. The claim focused on conflicting evidence between the client and husbands solicitor. After lengthy negotiations with the other side, Robert Johnson was able to secure the client £650,000 in compensation.
    • Our client had a previous claim with another law firm in relation to his property being undervalued when sold. Unfortunately our client received poor advice from the previous law firm which resulted in him loosing the initial claim against the mortgagee and valuer. Robert Johnson was able to successfully make a claim against the previous law firm for loss in opportunity. After lengthy mediation with the other side, Robert was able to secure our client £800,000 in compensation.
    • Our client needed advice regarding an Under-Lease, and so they approached a firm about their issue. However, our client soon realised that the firm had given incorrect advice. He decided to contact Healys in order to make a claim against the law firm for failure to advise properly in relation to the purchase of an under-lease, the terms of that under lease, the status of the head lessee and rental payment terms. The team, led by Robert Johnson was able to successfully make a claim for £150,000 against the firm.
    • Our client decided to make a claim against their former solicitor in respect of the failure to advise properly with regard to rights of appointment of LPA Receivers leading to the adoption of the wrong strategy, appointment of receivers and subsequent losses. The team, led by Robert Johnson was able to successfully make a claim against the firm for £4 million in failing to advise on the risks of the strategy.
    • Our client instructed a firm of solicitors to deal with a claim in regard to his former employer. He was unfortunately unaware that the firm he instructed was in financial difficulty. Subsequently the firm went into liquidation. This lead to the solicitor dealing with the case to be negligent towards our client’s case. The team, led by Robert Johnson was able to successfully make a claim for £200,000 against the firm for failure in treating our clients claim with due care and diligence. Nick Evans, our employment law expert, also took part at the claim. We acted for the client under a CFA and since the case the firm in question has been dissolved.
    • The client’s wife was involved in an RTA which led to a claim on the client’s insurance. The insurer instructed a solicitor in the client’s name to commence proceedings to recover the insurer’s losses from the other party involved in the RTA. The solicitor negligently allowed a judgement in default to be entered on a counterclaim against our client. The client was unaware of the judgement until he applied for a mortgage some 15 months later. As a result our client suffered numerous heads of losses including increased mortgage costs and potential loss of earnings because of his job as a police officer. The case was led by Ben Parr-Ferris who made a claim against the solicitor for negligently allowing the judgement on his wife’s RTA insurance claim. The aim of Ben and his team was to safeguard the client’s career and make sure the judgement does not affect his progression. A number of negotiations were attempt with the insurer in order to revert the decision made by the solicitor as an insurer debt. However, both of them failed. Although the team were able to get assurances from our client’s employer that the judgement should not impact the client career in any way. The solicitor has since accepted liability and Ben Parr-Ferris was able to secure our client £30,000 in compensation.
    • While in the process of buying their new home, our clients contacted Property Survey Company in order to complete the required checks on their potential new property. The Property Survey Company completed all the checks and informed our clients that no defects were found. Unfortunately after purchasing the property our clients noticed a number of defects in the property and after getting a second opinion it was found that the original survey was incorrect. The team was able to successfully make claim against the property surveyor as they failed to provide our clients with the survey they asked for but also they failed to identify certain defects in the property. Robert and the team were able to secure £50,000 in compensation for our clients in an out of court settlement.
    • Our client had a significant property portfolio. She found out that a number of her properties had been sold without her knowledge under her ex-husbands name. The properties in question were equally owned by our client and her ex-husband, so no sale should have taken place without her knowledge. After instructing a number of expert witnesses that included a hand writing expert, it was found that the property was unlawfully sold. With this information, Robert Johnson and the Professional Negligence team at Healys was able to secure £750,000 in compensation after lengthy mediation with the other side.
    • Claim arising as a result of failure to provide appropriate wealth management and pension/investment advice including, a failure to, properly assess (and keep under review) the level of risk the clients were willing and able to take in relation to their money which was to be invested and select investments consistent with their risk category: £2 million.
    • Acting for the Administrators of a short term lender in a conflict of interest situation in a valuer claim. The Defendant alleged that the claim was statute barred putting the acting solicitors into a conflict of interest. Advising on whether the claim was barred and on the settlement offers as they were made which included being on standby during the mediation at which the dispute was resolved: £1.3 million.
    • Claim for recovery of the proceeds of sale of a business fraudulently diverted where an email instruction to their solicitors had been intercepted and replaced with a change of instructions on which the solicitors acted: £180,000.
    • Acting for the trustee of two estates in relation to a claim against a firm of solicitors for advice that the trustees sign a variation to a Nil Rate Band Trust to regularise the inheritance tax position. However this was inappropriate and as such the trustee was in breach of trust. The case also involved s61 of the Trustee Act 1925. On advice the client was able to mitigate the loss in full and is now pursuing costs: £325,000.
    • Acted for a developer company in relation to a claim against solicitors in relation to a failed property transaction for failing to identify and purchase all component parts of a plot for the development to proceed: £1 million.
    • Acting for a company in liquidation against one of the Big 4 accountants for auditor negligence – an exceptional achievement given the difficulty in claims where the director and sole shareholder of a closely held private company deceived the auditors with fraud carried out on all creditors: £6 million.
    • A group claim against a firm of solicitors involving issues of securitisation, mortgage account sales and sale and lease backs: £850,000.
    • A claim against a firm of surveyors and the individual surveyor for their alleged negligent overvaluation of nearly 50 properties: £4,000,000.
    • A solicitor claim for breach of fiduciary duty and negligence. Insurance coverage was reserved pending investigations, which included a criminal trial for fraud of one of the former partners of the Defendant firm: £1.2 million.
    • Pursuing a valuer claim on the primary basis of a ‘no-transaction’ claim because the seven security properties were next to a factory had the valuer correctly reported the location of the property, the lender would not have proceeded with the application. There were issues of limitation and the correct measure of loss and the claim was settled at mediation: £700,000
    • Pursuing a claim against a firm of lawyers and two barristers for breach of duty whilst acting for their clients in a claim against a high street bank in Gibraltar arising out of loans made to them and secured on their property. The barristers were instructed under the direct access scheme. As a result of the defendants’ negligence the claim was struck out.
    Professional Negligence insights
    • KEY ADVICE ON HOW TO MINIMISE THE RISK OF LITIGATION

      22nd June 2020

      Covid-19 has affected us all with most of us (whether as businesses or individuals) seeking to reduce expenditure/preserve cash as much as possible.  This might cause you to delay pursuing any claims you may have.  You would however be wrong to delay because Healys can (in the right circumstances) pursue your claim at no financial cost/risk to you whatsoever. Continue reading »

    Professional Negligence awards
    • Legal 500 2020 - Insurance: Professional Negligence - ranked: Tier 5 (London) - “With lawyers spanning its London and Brighton offices, Healys LLP is instructed by claimants on a variety of professional negligence disputes. The team is experienced in claims spanning the legal, accountancy, financial services, property and construction sectors.”
    • Chambers & Partners 2020 - Band 4 - Professional Negligence - London, Robert Johnson - "Robert Johnson focuses on representing claimants in disputes against solicitors and barristers. A client says: "He is extremely knowledgeable and experienced, with a very practical and pragmatic approach. He is always communicative and quick to respond."
    • Chambers & Partners 2019 - Band 4 – Professional Negligence – London, Robert Johnson - “Robert Johnson of Healys focuses his practice on acting for clients in claims against solicitors and barristers. A source enthuses: He makes a real effort to be available promptly, whenever the matter has required, with succinct, helpful communications at all times.”
    • Legal 500 2018 - Insurance: Professional Negligence – ranked: Tier 5 (London) - "Healys LLP regularly acts for claimants in cases against solicitors, barristers, architects, surveyors, financial advisers and accountants. Department head Robert Johnson is ‘incisive and attentive, responding instantly to queries with clear answers and explanations’; he is advising two Cayman Islands-based companies in a £25m case against a firm of solicitors and its three individual partners. The ‘brilliant’ Jerome O’Sullivan is the leading advisor for the claimant in a £1.1m dispute against two firms of solicitors in relation to a fraudulent property transaction. David Bailey is experienced in acting for financial institutions in cases against solicitors and valuers and Adrian Taylor, who recently joined from Rosenblatt, is also noted."
    • Chambers & Partners 2018 - Band 4 – Professional Negligence – London, Robert Johnson - “Robert Johnson of Healys is "very thorough and commercially minded," according to sources. He focuses on advising claimants, and assists them with disputes involving a full range of professionals.”
    • Legal 500 2017 - Insurance: Professional Negligence – ranked: Tier 6 (London) - “Healys LLP handles claimant work for clients in disputes against a range of professions, including solicitors, valuers, architects, IFAs, construction and financial services professionals. The team is acting for a private individual in a claim against its former solicitors regarding alleged failure to deal with an employment claim, and represented Dreamvar (UK) in a claim against two firms of solicitors concerning a fraudulent property transaction. Dispute resolution head Robert Johnson is ‘bright, commercial and manages to master the detail while at the same time being focused entirely on the commercial aims of the client’. Jerome O’Sullivan is ‘tenacious and a strong negotiator’. David Bailey joined from Shakespeare Martineau LLP in 2016.”
    • Chambers & Partners 2017 - Band 4 – Professional Negligence – London, Robert Johnson - “Robert Johnson of Healys earns plaudits for his “wealth of experience and strong commercial views.” He is recognised for his experience representing claimants, and his recent activity includes advising on disputes related to property purchases, insurance contract terminations and fund misappropriation claims.”
    Professional Negligence news
    • KEY ADVICE ON HOW TO MINIMISE THE RISK OF LITIGATION

      22nd June 2020

      Covid-19 has affected us all with most of us (whether as businesses or individuals) seeking to reduce expenditure/preserve cash as much as possible.  This might cause you to delay pursuing any claims you may have.  You would however be wrong to delay because Healys can (in the right circumstances) pursue your claim at no financial cost/risk to you whatsoever. Continue reading »