20th May 2019
To start making a claim please call our experts on 01256 844888.
If you believe that your professional advisor has failed in their duty of care and you have suffered losses or damage as a result then you are likely to want to make a claim.
Professional Negligence claims are very complex and require the guidance, experience and knowledge of an expert to help you navigate the various steps.
To bring a successful claim you will need to demonstrate that the professional advisor had a duty of care. This is usually evident in a contract, terms of business or in your communication with them. You will also need to show that they breached their duty of care – for example, a missed deadline, poor advice, errors or mistakes. Thirdly, a financial loss will need to be shown. This could be loss of earnings, fines, court fees, additional legal fees or tax bills etc.
Lamb Brooks are able to offer a ‘no win, no fee’ arrangement, so long as your potential claim has a value of £10,000 or more and appears to have reasonable prospects of succeeding . This means that you will not pay any legal fees unless your case is brought to a successful conclusion. Fees will be explained fully following an initial assessment.
Generally, a claim for professional negligence must be commenced at Court within 6 years of the date of the negligent act/loss, or within 3 years of the date of knowledge. Ultimately, the legal test for ascertaining the correct date of knowledge is that when a reasonable person ought to have recognised that there was a risk that negligence had occurred. Also, there is a 15 year longstop within which a claim must be brought.
Should you fail to bring a claim within the relevant limitation period it will become statute-barred and will be lost forever.
Any claim for professional negligence which falls below £10,000 would likely be deemed by the court to be a small claim and, in those circumstances, your legal costs (save for very modest amounts) are not recoverable even if you are successful. Because of this, we would only be able to consider acting in relation to a small claims on a privately paying basis.
For advice on the first steps you need to take please call our Professional Negligence Department, on 01256 844888 or email firstname.lastname@example.org
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