Professional Negligence Solicitors
Businesses and individuals often rely heavily on professional advice to progress their projects. Whether it’s building an extension on your home or navigating a multi-million pound M&A transaction, clients trust the expertise of Architects, Solicitors, Financial Advisors, Accountants, Engineers, and Surveyors, among others. When negligent advice is given, the financial impact can be devastating. Our highly experienced Professional Negligence Solicitors in Nuneaton and Warwickshire are here to provide the guidance and representation you need to bring a claim and obtain appropriate compensation for the damage you’ve incurred.
We are a diverse, multi-lingual law firm based in Nuneaton that uses cutting-edge technology to deliver streamlined, modern, and highly effective civil litigation advice and representation. With many years of experience, our solicitors have built a strong reputation for excellence, working with the UK’s leading Barristers and Queen’s Counsel, forensic accountants, industry experts, insolvency professionals, and surveyors. When necessary, we can call upon the country’s most respected expert witnesses to support our clients’ cases.
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 generally assumed to be responsible for the advice they give, creating duties in both contract and tort. Sometimes, contractual obligations are more extensive than duties under tort. Establishing whether a claim is based on a breach of contract or negligence is crucial, especially regarding limitation periods. Typically, claimants have six years to bring a claim in Court. However, the limitation period in contract law starts from the breach date, while in tort, it begins only when all elements of duty, breach, and damage are present. Therefore, an action in tort may still be possible even if a breach of contract claim is time-barred under the Limitation Act 1981.
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.
- The breach caused them to suffer damage.
The third element, causation, is often the most challenging to establish. Claimants must show that:
- But for the professional’s negligence, they would not have suffered loss.
- The loss was not too remote from the breach.
Our Professional Negligence Solicitors have extensive knowledge of negligence law and will quickly assess the facts of your claim to determine the best strategy for achieving your desired results.
What is the ‘but for’ test?
The ‘but for’ test is used by the Court to establish causation. It compares the claimant’s current position to what it would have been had the professional not been negligent. For instance, in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428, a man died of arsenic poisoning after being sent home from a hospital. The Court ruled causation could not be proven as the man would have died regardless of receiving treatment.
With years of experience in establishing causation in professional negligence cases, you can trust our solicitors to meticulously examine your case details and advise on your likelihood of success.
Will I have to go to Court?
Most professional negligence claims are settled through Alternative Dispute Resolution (ADR) methods such as negotiation and mediation. However, if Court proceedings become necessary, we will fight tenaciously to protect your interests.
Why Choose Us?
Professional negligence disputes are varied and can impact multi-million-pound projects or deals. Our Nuneaton-based solicitors understand the stakes involved and have the talent, experience, and determination 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.