Professional Negligence

Professional Negligence is when advice has been given that no reasonably competent professional person would give. For example, when a solicitor does not issue a claim within the required time or a mortgage adviser recommends an obviously unsuitable product.

MCP Solicitors has a considerable amount of experience dealing with Professional Negligence claims. Our Professional Negligence lawyers understand that bringing a claim such as this can be daunting because the people involved are, by their very nature, professionals. However, we will work with you to ensure your case goes smoothly.

Who could be guilty of Professional Negligence?

Any professional could be guilty of Professional Negligence. The Professional Negligence lawyer must show that a duty of care is owed by the defendant to the claimant and that the defendant is in breach of that duty. Professionals generally work in specialist areas and the standard expected from their work is higher than for many other situations. Professionals who could be guilty include:

• Accountants
• Architects
• Financial Advisers
• Insurers
• Solicitors
• Surveyors
• Tax Consultants

Is court the only option?

No, in fact this is often not the best option. People are encouraged to settle their claims out of court using the Professional Negligence Pre-action Protocol. Following these guidelines is not compulsory, but is strongly encouraged and not following them could result in extra costs and an unhappy Judge at a later stage.

What is the Professional Negligence Pre-action Protocol?

The Professional Negligence Pre-action Protocol are guidelines on settling Professional Negligence disputes outside of court. Under these guidelines the Professional Negligence lawyer should give the other side details of their case including allegations of the negligence and loss suffered.

After receiving this the defendant has three months to conduct an investigation and let the claimant know whether they are admitting liability or what defence they are planning to use.

At this stage we can advise whether going to court or an out-of-court settlement is preferable.

Is MCP willing to take on a claim against another firm of solicitors?

Yes. We regularly take on claims against other firms of solicitors and this is seen as an important part of our job. It is a solicitor’s duty to protect their client and Professional Negligence claims are an extension of this.

How can MCP help?

Our Professional Negligence lawyers will discuss your experience to determine if you have a case. We will then be able to decide the best approach.

For more information, please contact Sarah Adlam (01733 865885, sarah.adlam@mcp-law.co.uk)