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Professional negligence: no win
no fee
Professional Negligence claims against solicitors and
other professional are now more accessible and common within the past
decade owing to the conditional fee agreements "no win no fee""no
win no fee" conditional fee agreements.
A common form of professional negligence may arise where
a conveyancing solicitor who has made a mistake the sale or purchase of
your home. Common scenarios might be: If you have suffered loss as a result
of a professional's mistake then you may be able to sue for the solicitor
for the value of that loss.
If you have suffered loss as a result of a professional's mistake then
you may be able to recover the value of that loss.
Meade-King, solicitors in Bristol, provides specialist
advice on professional negligence. Our solicitors assess your professional
negligence claim before entering into a "no win no fee" agreement.
Our solicitors provide a free half hour initial appraisal of a professional
negligence case. We have succeeded in professional negligence claims against
solicitors, conveyancing professionals, accountants and surveyors. Our
solicitors deal with a majority of professional negligence cases by conditional
fee agreements "no win, no fee". Our clients are based not only
in Bristol but come from all over the country and abroad.
What is professional negligence?
Professional negligence claims may not arise from every
mistake made by a professional (i.e. solicitor, accountant, architect)
to allow the claimant to sue for compensation for negligence. Broadly,
if the The broad test to be applied is whether the mistake mistake is
one which no reasonably competent professional should have made that in
turn causes financial loss you might be able to sue for compensation.
Professional negligence: The
tests
In broad terms, the procedure for professional negligence
will be similar for all professionals, but using a claim against a conveyancing
solicitor as an example, for a claimant to sue for compensation in inprofessional
negligence to succeed, he or she has to establish:
1. existence of a duty of care on the part of the solicitor
(other professional). ( That does not necessarily mean that the claimant
need not beis a client of the solicitor (other professional). There
must however the professional relationship must bebe suffiently close
relationship between the two)
2. breach of duty by the conveyancing solicitor (other
professional)
3. existence of a loss
4. the breach of duty by the conveyancing professionalsolicitor
(other professional) has caused the loss
Specialist advice on professional negligence
"No win no fee" arrangements are usually entered
into after one of our solicitors has provided essential experienced guidance
on the:
- existence of a duty of care
- scope of that duty
- quality of the advice that is given by the solicitor
(other professional)
- issue of causation
- duty to mitigate
- measure of compensation
An experienced insurer or panel solicitor will normally
defend a professional negligence claim (whether the claim is against a
conveyancing solicitor, an accountant or a construction professional).
It is not advisable to engage a high street solicitor to prosecute a claim.
Our Bristol based solicitors provide essential high quality and effective
representation in professional negligence claims. Meade-King solicitors
have acted recently in securing damages for professional negligence of:
· £300k against architects
· £85k against solicitors
· £60k against architects
· £110k against accountants
· £40k against surveyors conveyancing solicitors. All these
cases were pursued under conditional fee agreements "no win no fee""no
win no fee" conditional fee agreements.
At Meade-King solicitors we will:
· identify the real issues at an early stage
· anticipate the sort of defence which is likely
to be argued
· assess the prospects of success of the professional
negligence claim
· tell you what is involved in pursuing your claim
for professional negligence
· where appropriate, agree a process to encourage
settlement
· in the great majority of cases, share the risk
involved by operating under conditional fee arrangements "no win
no fee".
Professional Negligence Experience
Adam Chivers heads the professional negligence work of
Meade-King, solicitors of Bristol. Where applicable, he promotes funding
his cases under conditional fee agreements "no win no fee"conditional
fee agreements.
He is a qualified arbitrator and a member of the regional
committee of the Professional Negligence Lawyers Association.
He has been recommended in the independent Chambers Guide
to the UK Legal Profession as "a bright and tenacious operator
commended for bringing a commercially realistic approach to litigation"
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