When you rely on professional advice or services, you expect a competent standard and competent care. If a solicitor, accountant, surveyor, architect or other professional fails to deliver and you lose out as a result, you need an expert legal team to assess your position and take action.
When a professional person fails to perform to the standards expected of them, and you suffer a loss because of that, you may be able to seek compensation. Professionals such as accountants, surveyors, architects and insurance brokers have a duty to their clients to perform their job to a reasonable standard, with reasonable care. If they fail to assist you in their works to a standard that could be reasonably expected of them; you may have an action in negligence.
If the worst happens and you’ve been let down, we’ve got a team of specialists at BTMK who are here to help.
We understand that if you’ve suffered loss of trust in a professional it can be challenging. But if you’ve suffered loss from negligent professional services, we’re here to help you pursue claims where needed.
And if you’re defending a claim, our specialist team will help you get the best possible outcome.
Professional negligence happens when a professional fails to perform their duties to the required standard or breaches a duty of care owed to a client.
In law this involves showing four key elements:
Professionals include solicitors, accountants, financial advisers, surveyors, architects and valuers.
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MEDICAL NEGLIGENCE AND PERSONAL INJURY
Professional negligence is a complex and daunting area of law, especially when you are considering action against a formerly instructed solicitor. We can help to untangle these issues and determine whether you may be entitled to compensation.
We have a wealth of expertise in assisting clients with such action. For example:
If you’ve had a bad experience and are unsure where to turn, we’re on your side.
We understand that professional surveyors sometimes make mistakes when it comes to property. These mistakes however can have an enormous, detrimental effect on your personal life or business.
Your surveyor may have provided a negligent valuation, failed to report on structural damage or failed to spot Japanese Knotweed or subsidence issues. If something doesn’t add up with your property, we can help to identify the wrongdoings, and assess the damage. If you are forced to litigate, we can also steer you through the dispute process with straightforward, practical advice.
Your architect may have failed to adequately plan your property, or caused issues with the build resulting in substantial loss of profit. If this is so, you may be entitled to redress.
When someone has jeopardised your business accounts or endangered your personal wealth, you need immediate professional assistance. At BTMK we have this expertise.
If your accountant or IFA has caused compliance breaches, provided negligent advice inconsistent with your risk profile, or failed to advise on tax related issues, our team of litigators have vast experience and are adept at working quickly to protect your financial position.
Barristers too can provide negligent advice or fail to prepare for hearings. If you’ve been let down when you’ve sought legal assistance, we have the expertise to identify these issues and help you through the process.
Insurance should provide you and your business with peace of mind. If it doesn’t and something has gone wrong, we can help.
We have experience in dealing with claims against insurance brokers who have:
If someone accuses you of professional negligence, you need specialist guidance. You must respond promptly to protect your position. First, you will want to understand what the claimant is alleging and whether your duty of care is in dispute. You also need to check if your work fell within accepted standards.
We help you assess the claim’s strength at an early stage. We’ll review any engagement letters, reports and communication and help you gather evidence that supports your reasoning and shows your actions were appropriate.
Sometimes a claimant will claim loss that is exaggerated or not legally recoverable. We help you challenge those points. If insurance applies, we assist with notifications and communication with insurers.
If you suspect professional negligence you should act promptly. Delay can weaken evidence, increase costs and risk the statutory limitation period running out. Typically, you must bring your claim within six years of the negligence (or three years from when you knew about it) under the Limitation Act 1980.
You need strong evidence to prove professional negligence. Contracts and written agreements help show what services were promised and that a duty of care existed. Emails and other communication records show what happened and where mistakes occurred. You must also prove a financial loss linked to the error, supported by documents such as statements or reports. Independent expert opinions are usually needed to confirm that the professional’s actions fell below acceptable standards. A clear timeline showing key events can help explain how the negligence caused the loss.
At BTMK you don’t get a one-size-fits-all service. So, we begin with an initial assessment of the professional’s conduct, the service they provided, your losses and the strength of your case.
We explain what needs proving and the risks involved.
We’ll also advise you on your options, for example negotiation, mediation, settlement, court action – and advise the strategy that best suits your objectives and budget.
If a claim is viable, we manage the evidence gathering, liaise with experts where needed, issue proceedings and drive for a resolution that aligns with your goals.
We keep you informed at every step, set realistic timescales and explain the likely cost implications from the outset.
We have extensive experience in professional negligence and understand how different professional sectors work. We know what the acceptable standard of service looks like. So we offer tailored advice rather than generic templates, ensuring the strategy reflects your position and aims. You will work with lawyers who speak plainly, act decisively and focus on achieving a sensible outcome rather than simply prolonging a fight. With our team you get the specialist legal expertise you need.
If you believe you have suffered loss because of negligent professional advice or service we are here to help. Contact us for a confidential discussion of your circumstances, your rights and how we can assist. We will discuss costs, likely timescales and the strategy we recommend.
Professional negligence happens when a party is owed a duty to work with reasonable skill and care, and the professional failed to meet that standard. There must also have been financial loss because of that failure.
For example, a solicitor, accountant, surveyor, architect or engineer provides a service using recognised professional standards, but the work falls below those standards.
It often involves mistakes like incorrect advice, faulty reports, missed deadlines or failing to follow clear client instructions. It can also include not warning a client about risks they should know.
To succeed, a claimant must prove four things. They must show the professional owed them a duty. They must show that duty was breached. They must show the breach caused their loss. The loss must be something the law recognises.
Generally, six years from the date the negligence occurred. In some cases, it may be three years from when you discovered the loss.
That can complicate recovery. We will advise on your options including possible claims under any relevant professional indemnity insurance or alternative routes.
Many professional negligence matters settle through negotiation or mediation. Court action is only one possible outcome and only pursued when other routes fail.
Compensation aims to put you back into the position you would have been in had the professional not been negligent. Other contributory factors such as your own role, may also affect the amount.
