Professional Negligence

Commencing legal proceedings should be seen as a last resort. Parties are increasingly being encouraged to resolve disputes out of court and to follow a set of guidelines known as the Professional Negligence Pre-action Protocol. Complying with the Protocol isn't compulsory, but failure to do so could result in judicial criticism and in all probability costs sanctions at a later stage.

Under the protocol the claimant has to give the other side full details of their case including the allegations of negligence and the loss suffered. This information is provided in the form of a Letter of Claim.

The Defendant must acknowledge the Letter of Claim within 21 days and then complete its investigations in the following 3 months. A formal Letter of Response then has to be submitted in which the Defendant will either concede liability or provide details of any defence they intend to rely on.

Once this process has been completed we will be in the position to advise you on the best way forward and the likelihood of achieving an out of court settlement.

Click here for the government rules on professional negligence protocol.

We are often asked whether we would be willing to take on a case of negligence against a fellow firm of solicitors. Whilst some firms might be reluctant to take on these cases we have absolutely no qualms about doing so. Indeed solicitors negligence claims represent a core part of our practice.

If you think you are the victim of Professional Negligence and have suffered financial loss of £5,000 or more then you may wish to use our FREE case assessment service.

All you have to do is submit a summary of your case and if the claim is suitable then we will carry out a preliminary assessment of the case papers.

Having carried out the assessment we will report back to you with our views on your prospects of making a successful claim and the suitability of the case for funding on a No Win - No Fee basis.

One of the most popular methods of funding a professional negligence claim is under a Conditional Fee Agreement (CFA), commonly referred to as "No Win - No Fee". If we agree to take your case on under a CFA you will only be required to pay solicitors fees if the claim is successful. And because the loser is normally required to pay the winners costs you can expect to recover most, if not all of those costs from your opponent.

If you lose the case then you will not have to pay the fees incurred by us, though you will remain responsible for any expenses arising during the course of the claim such as the cost of an experts report or court fees. Other methods of financing a claim include Public Funding (formerly known as Legal Aid), Legal Expenses Insurance and the traditional private client arrangement. We will discuss case funding with you and offer you guidance an the most suitable method for you.