Solicitors are not immune from making mistakes and sometime these can be costly. In most cases you will be happy with the service you receive but in some instances mistakes can be made that leave you out of pocket and wanting answers. Contact our professional negligence claims against solicitors team today.
We have been working with people like you for over 30 years and we understand that sometimes an apology is not enough. At Healys we are here to help you recover any losses (financial or otherwise) you have suffered and get the answers you deserve.
Our team has a wealth of experience in professional negligence claims against solicitors and we have developed relations with leading chambers in the industry. We are recognised in the Claims Against Solicitors field by a leading industry directory, the Legal 500. We are also members of the Professional Negligence Lawyers Association.
Most claims against solicitors can be complex and that’s why it’s important to have a team that is industry recognised and that you can trust. There are number issues you can claim for but these are the most common.
In order to win a negligence claim against a solicitor, the claimant will need to prove a number of things.
Duty of Care
Foremost among these is the notion of “duty of care”, meaning that it is necessary to prove that, under the terms of the solicitor-client relationship, the defendant solicitor owed a duty to the claimant. That is wide enough to cover the mistake made.
Breach of Duty
The next step in building a persuasive negligence claim against a solicitor is in proving that the solicitor in question breached the duty of care.
This involves comparing and testing the actions of the solicitor against a number of important criteria – underpinning this assessment will be the overarching question of whether the defendant’s service and conduct met the standards of a reasonably competent solicitor.
Even in cases where breach of duty and causation are proven, it is still incumbent on the claimant to show that the losses are not too remote from the cause of them. In short, they must be reasonably foreseeable.
Once this loss has been proven, liability can be established and only the question of an appropriate sum of compensation will remain.
The loss suffered must have been cause by the breach of duty. This is often the most difficult aspect to prove as not everything a breach is caused by that breach.
Hence, depending on the circumstance in relation to the purchase of property that (properly advised) would not have been purchased, you may/may not recover the loss in value caused by the fall in the general property market.
13th December 2018
When a dispute broke out over an insurance claim, the value of line-by-line analysis of the policy terms and the obligations to make disclosures were made starkly evident. The dispute arose after the owner of a property rented it out to another firm for waste recycling. Insurance cover was placed with two insurers by a broker on behalf of the tenant and the property owner to cover various risks, including to the plant and machinery. Continue reading »
11th October 2018
People take professional advice all the time, and rely on it. A professional who gives advice will normally not only have the appropriate qualifications but will also be covered by the firm’s professional indemnity policy, so that if their advice turns out to be negligent, the client can be compensated. Continue reading »
5th July 2018
In the case of Director of the Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation (ENRC) at the Court of Appeal, the Law Society is intervening in defence of professional privilege. Continue reading »
26th September 2017
A case highlighted back in June was the court of Appeal decision in Harrison v University Hospitals Coventry & Warwickshire NHS Trusts  EWCA Civ 792 which confirmed the principles established in the Merrix case regarding the inter-relationship between budgets and detailed assessment. In short… Continue reading »
A recent report by the IOD and BLM law states that negligence claims against property solicitors are continuing to rise, as the issue of leasehold ground rents comes into public view. These claims have arisen from purchasers of leasehold properties who have sought to recover compensation for ground rent charges, which they claim that they were never informed of. Continue reading »
27th February 2019
A recent judgment handed down by the Technology and Construction Court in the case of Freeborn & Another –v- Marcal  EWHC XXX TCC is of wide-spread significance to those who commission construction professionals. Continue reading »
15th February 2019
The Starr Trust, one of Brighton’s leading children’s charities recently appointed Partner and Head of Media at Healys, Nicholas Taylor, as Ambassador. Continue reading »
8th February 2019
Healys are delighted to announce that they have been shortlisted for the second time in two years to win “Mortgage Conveyancer of the Year” at The Mortgage Awards. Continue reading »
7th February 2019
The 30th anniversary of MIPIM is just around the corner, and once again Healys will be attending. This year our team will be joining the Egypt Delegation, and will be based in The Palais Des Festivals. Held between the 12th and the 15th of March in Cannes, MIPIM is the largest real estate networking event in the property calendar. This year there are expected to be 24,000 delegates from over 100 countries, and three distinct teams from Healys will be attending the 4 day event. Continue reading »
21st January 2019
Healys LLP is happy to announce that following on from the addition of the Debt Capital Markets team last year, it has received formal confirmation of its first bond listing on the Cyprus Stock Exchange. Continue reading »