Can I sue my professional adviser?
Do you feel that you have received a poor and inadequate service from a professional adviser?. In certain cases that alone may entitle you to compensation from a Regulatory body such as The Law Society. Howver, your better course of action may be to make a claim against that Expert instructing one of our specialist Professional Negligence Solicitors.
The initial consultation is Free. So why not click the Contact tab at the top of this Page & find out if you can make a claim?
Proving “negligence” requires you to go beyond establishing that the service was inadequate as you need to prove that
- there has been a breach of the duty owed to you in relation to the service provided
- that the advice was incorrect or involved errors resulting in your suffering a financial loss
Establishing whether or not you have a claim for Professional Negligence requires specialist advice – we can provide that for you and will not proceed with a claim unless and until we are satisfied
- that one can be made out
- that there is a more than reasonable chance of it succeeding
- that it is cost effective to pursue it
- that you are aware at all times of the prospects of success
Your claim may be against a range of advisers including the following:
- Doctor or Dentist
- Estate Agent
- Financial Adviser
- Insurance broker
- Insurance company
Time Limits - Do not delay!
You have to issue Court Proceedings in compensation claims within a strict time limit known as the “limitation period”.
If you do not comply with the limitation period that applies to your compensation claim, you are likely to lose the chance to pursue it. It is therefore important that you do not delay in making a claim as soon as you know or believe that something has gone wrong.
In most professional negligence cases, you have 6 years to issue Proceedings for a compensation claim. Limitation is extremely complicated and mistakes by Solicitors about time limits give rise to a large number of compensation claims. As a general rule, the 6 year period for compensation claims starts running from the date that your Solicitor was negligent, or the date that you suffered loss.
For example, if your Solicitor failed to issue Proceedings in a personal injury compensation claim within the 3 year time limit that applies to such claims the 6 year period for your negligence claim will start from the deadline that your Solicitor missed.
Calculating limitation periods can be difficult and is something you should get expert advice from as a matter of urgency based on the facts of your individual case.
Examples of professional negligence claims include
- your Solicitor missed a deadline, making your case harder or impossible to win
- your Surveyor incorrectly valued your property or did not identify a problem such as subsidence
- your Solicitor failed to advise you properly on a lease, which had a knock-on effect on the property’s value
- you received inaccurate Tax advice which has led to a financial loss
- your Financial Adviser failed to give proper advice on the risks of an investment which led to a loss
The Department of Justice has issued a special Protocol to regulate how these claims are dealt with
We will explore all alternative means of resolving your claim to avoid the risks of Litigation but fight your claim vigorously if we believe that issuing Proceedings is your best option. Fighting your claim is our priority.