Professional Negligence Solicitors
Businesses and individuals often depend on professional advice to advance their projects. Whether it’s building an extension on your home or managing a multi-million-pound M&A transaction, our clients place their trust in the expertise of Architects, Solicitors, Financial Advisors, Accountants, Engineers, and Surveyors, among others. When this advice is negligent, the financial repercussions can be severe. Our experienced Professional Negligence Solicitors are here to provide the guidance and representation you need to pursue a claim and secure appropriate compensation for your losses.
Operating from our city centre offices in Nuneaton, we are a diverse, multi-lingual law firm utilising best-in-class technology to deliver streamlined, modern, and highly effective civil litigation advice and representation. Our solicitors’ extensive experience has earned us a robust reputation for excellence with the UK’s top Barristers and Queen’s Counsel, forensic accountants, industry experts, insolvency professionals, and surveyors. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses when necessary.
Common Questions About Professional Negligence Claims
Why is it important to establish if a professional negligence claim is based in contract or tort?
Professionals are typically assumed to take responsibility for the advice they provide, establishing a duty in both contract and tort. In some cases, contractual obligations exceed those owed under tort law. Clarifying whether a professional negligence claim constitutes a breach of contract or negligence is crucial due to limitation periods. Generally, a Claimant has six years to bring a claim to Court. In contract law, this period starts when the contract is breached, while in tort, it begins when all elements of duty, breach, and damage are present. Therefore, a claim for breach of contract might be time-barred under the Limitation Act 1981, whereas an action in tort could still be possible.
What are the basic requirements of negligence?
To bring a negligence claim, a Claimant must prove on the balance of probabilities that:
- The professional owed them a duty of care,
- There was a breach of that duty of care, and
- They suffered damage as a result of the breach.
The third element, causation, is often the most challenging aspect to prove. A Claimant must demonstrate that:
- but for the Defendant’s negligence, they would not have suffered loss, and
- the causation was not too remote from the loss.
Our Professional Negligence Solicitors possess extensive knowledge of negligence law’s intricacies. You can be confident that we will quickly assess your claim’s facts and establish the best strategy to achieve your desired outcome.
What is the ‘but for’ test?
The ‘but for’ test is applied by the Court to establish causation. It involves comparing the Claimant’s current position to what it would have been had the professional not been negligent. For example, in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428, a man was sent home from a hospital despite stomach pains and later died of arsenic poisoning. The Court ruled that causation could not be proven as he would have died regardless of receiving treatment.
We have extensive experience in establishing causation in professional negligence cases. You can trust our Professional Negligence Solicitors to meticulously examine your case details and advise you on your claim’s likelihood of success.
Will I have to go to Court?
Most Professional Negligence claims are resolved through Alternative Dispute Resolution (ADR) methods such as negotiation and mediation. If Court proceedings become necessary, we will fight tenaciously to protect your best interests.
Why Choose Us?
Professional negligence disputes can vary widely and may impact multi-million-pound projects or deals. We understand the high stakes involved and have the talent, experience, and determination needed to secure the best outcome for you or your business.
Cocks Lloyd Solicitors provides exceptional Professional Negligence Solicitors and Civil Litigation services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Professional Negligence Solicitors and Civil Litigation, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.