Foot Anstey can help

 


Professionals can and should be held to account for their negligence. They are required to meet high standards as well as being concerned to maintain their reputation and business.

We advise on professional negligence claims against a broad range professionals including: solicitors, accountants, valuers, surveyors, architects and engineers.

With a team of 6 Partners and 20 lawyers, Foot Anstey has the breadth of knowledge and depth of expertise to help you recover your losses. Our team includes members of the Professional Negligence Lawyers Association.

What will it cost?

 

Legal proceedings are expensive and the likely costs can be daunting. However, we offer a full range of discounting and risk-sharing fee options. We also have relationships with leading litigation funding organisations which are keen to take on funding for professional negligence cases.

This can mean low or no initial costs. It can also mean that you are charged a low percentage or no ongoing costs all the way through to trial or settlement. If you win then the professional generally has to pay the majority or all of your costs. If you are on a conditional fee arrangement or using a litigation funder you may also have to earmark some of your winnings to pay for these services. However, that is surely better than no winnings at all.

If funds are tight, or the prospect of legal fees changes your view of a claim, we are happy to talk you through your options. We will do our best to match our services, and the upfront costs, to your requirements.

What if the professional has gone bust or has no money?

 

Professionals are almost always insured, meaning that if you win, it is far more likely that there will be funds available to pay your damages and costs. This makes professional negligence claims far more attractive than other disputes.

Even if the professional firm has gone bust, there are new routes available that now allow you to claim directly against their insurer, going straight to the money.

Again, there may be options even if you have given up hope. We can help you understand what might be available.

Do you have a claim?

 

If you retained a professional and their advice or conduct feel below the standard you would expect, then it is very likely.

The courts require professionals to adhere to the standards that would be expected of a reasonable member of their profession, taking into account any special skills they say they have. While that sounds fairly loose, it means that the courts in some ways will look at things in much the same way a layman would – you should be able to expect a professional to be competent.

We have set out some examples of scenarios where different types of professionals are often negligent, or where there is a lot of risk.

Again, the best route is to give us a call. We are happy to give you our initial thoughts over the phone (without charging) and to help you understand your best route for a more detailed analysis.

There is a clear route set by the courts for the initial analysis and discussion of professional negligence claims. This can be funded if you do not have the means to pay up front. We will give you a clear view of your position, and that of your opponent, before you take on the cost and risk of a formal claim.

What will you get back?

Your claim is worth the value of any losses you have suffered caused by the action (or inaction) of the professional. That could include the loss of the chance of future business and lost profits.

Essentially the courts want to put you in the position you would have been in if the professional had acted properly.

In reality, the vast majority of claims are settled through negotiation before the courts get involved or during the court process. Insurers are not pushovers by any means, but they are pragmatic, and they don’t want to incur the time cost and risk of going to trial.

That means that the stronger we can make your case, the better your chance of a high early settlement. We know the law, but a lot of our skill is in presenting your case in the best and most compelling way. We are experts in using alternative dispute resolution, including mediation, to achieve your aims.

It was all a long time ago...

Don't give up. The normal rule is that your claim remains viable for 6 years after the negligence happened.

Even if the negligence happened more than 6 years ago there are numerous exceptions to that rule, particularly if the professional concealed the problem. Tell us about your situation and we will help if it is at all possible.

Please do contact us to have an initial discussion about your claim on a no-fee basis.

 

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