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Professional Negligence

Professional negligence is the situation in which: 

someone owes you a duty of care;

that person breaches that duty (by falling below standard reasonably expected of them); and

You suffer loss or damage as a result.

A claim can be based on breach of contract, breach of duty of care in the tort of negligence, breach of fiduciary duty, breach of statutory duty or a combination of these.

Your business may have a claim against someone operating in a professional capacity if you have suffered a loss or damage as a result of their actions. 

The aim of pursuing a professional negligence claim is to put your business in the position it would have been in, had the professional not breached the duty owed to your business. Working out that difference between where your business is now and where it should have been can sometimes be easy to quantify and at other times, will require some serious analysis. 

Professionals that owe a duty of care to you and your business include:

  • Architects
  • Solicitors and Barristers
  • Financial advisers
  • Builders
  • Surveyors
  • Tax consultants

Examples of professional negligence situations:

  • Surveyor failing to identify serious defects with a property
  • Accountant failing to advise on tax relief that was available
  • Defective plumbing 
  • Builder failing to damp-proof or insulate properly leading to damp and mould

Whilst the professional’s client may bring the claim, third parties may also be able to bring an action, depending on the circumstances of the case. You may also have more than one professional to pursue.

Most professional negligence claims have to be brought within 6 years of the negligence, however there may be circumstances when this time-limit is extended. Because of the complexities of bringing a professional negligence claim, we advise that you get in touch as soon as possible.

If you feel that you may have a claim against a professional, contact a member of our specialist team of professional negligence solicitors.

What will you do for my business?

Our professional negligence solicitors in Cheshire will:

  • Provide your business with the high level of service expected of them – read our Committed to Excellence pledge on exactly how we intend to do this
  • Conduct a full review of your case 
  • Discuss the merits of your case and your options 
  • Be transparent about costs from the outset 
  • Advise you on funding options
  • Provide commercially sound advice
  • Be there every step of the way

It’s important that you seek legal advice on your matter. Poor service or a lack of communication, whist annoying, does not constitute professional negligence. The negligence has to be sufficiently serious to warrant your claim.

Our solicitors are highly skilled knowledgeable individuals with a passion for delivering excellent service which focuses on your business’ individual needs and circumstances. 

Contact us

If you’re looking for highly qualified legal experts to guide you through your claim, our professional negligence solicitors will not only provide this but also a warm, friendly and understanding approach. 

Call us on 0333 043 0446 or alternatively you can contact us here.

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Contact a member of our Litigation team today

If you are looking for legal advice relating to anything set out above or have a more unique issue, we would love to support you. Our solicitors have years of experience and will handle your case with great care and expertise every step of the way. If you need assistance please do not hesitate to contact our team.

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