Professional Negligence Solicitors in Birmingham, Northampton & London

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Our experienced professional negligence solicitors also work on “No Win, No Fee” claims to ensure you get fair compensation when you have suffered loss or damages as a result of the below-standard work of a professional you trusted.

If you would like to see if you can make a professional negligence claim or if you are the defendant in a negligence dispute, you are entitled to a free, no-obligation, initial consultation.

Get in touch with our solicitors in London, Birmingham and Northampton for actionable advice as soon as possible at info@witansolicitors.co.uk. 

What is Professional Negligence?

Professional negligence is a subtype of negligence, which covers situations when a professional, such as solicitors, architects, surveyors, valuers and engineers, fails to perform their responsibilities to the required standard or breaches a duty of care.

This could be something as simple as a mistake in an architect’s drawing, a miscalculation by the engineer, a decimal point placed incorrectly by the quantity surveyor, or a Solicitor missing a Court deadline. However, a mistake made by a professional can have a catastrophic effect on the client. 

If a mistake by a professional has caused you distress, damages or loss, you may have a negligence claim that can be worth anywhere between £1,000 and £1000, 000, or more. Please get in touch with our negligence solicitors in Birmingham, Northampton and London for a free consultation.

How Our Professional Negligence Solicitors Can Help

Having helped people in the Midlands and across the UK with their claims since 2014, our solicitors have substantial experience in both bringing up and defending professional negligence claims against a wide range of construction, financial and legal professionals such as:

• Accountants
• Financial Advisers
• Solicitors
• Barristers
• Surveyors
• Architects
• Engineers

We are also proud members of the Professional Negligence Lawyers Association (PNLA).

With our fair, straightforward approach to client communication, we provide clear, detailed advice, which empowers you to make informed decisions and achieve the best possible outcome. 

“No Win, No Fee” Professional Negligence Claims

Being worried about funding your claim should never stand in your way of getting justice. Here at Witan Solicitors, we offer a “No Win, No Fee” service, which allows you to proceed with your professional negligence claim without having to worry about the cost of solicitor fees. 

For more details and other options, including fixed-fee services, competitive hourly rates and litigation funding, check out our funding page. 

Examples of Professional Negligence

When it comes to professional negligence claims, some professions are at a higher risk than others, due to the nature of their work. For example, accountants, surveyors, financial advisors and solicitors are amongst those who are more prone to negligence claims. This is because the effects of a potential mistake in their field can cause devastating damage to their clients. Here are  a few examples of  common mistakes made by professionals:

Mistakes made by solicitors

Those can vary from administrative mistakes and missing essential time limits like court deadlines, to breach of confidentiality and failing to warn the client of potential risks involved, leading to financial loss.  

Mistakes made by accountants of financial advisors

Incorrect financial advice, misleading advice in high-risk investments, as well as missed deadlines and incorrect filing of tax returns are amongst the most common examples of professional negligence. 

Mistakes made by surveyors

Failure of a property surveyor to notice defects such as subsidence, insufficient support, dangerous constructions, Japanese knotweed and dry rot deprives you of key information when making an informed decision about your property investment. 

Mistakes made by engineers and architects

Flaws in the design of a building, along with failure to comply with industry standards and unfinished projects can give you grounds to raise a claim of professional negligence against an engineer or an architect. 

Our Awards

We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.

Making a Professional Negligence Claim

If you are considering making a professional negligence claim, first make sure you document the history of the case and the losses suffered. Then, get in touch with our professional negligence solicitors on 0330 173 3041 to get advice. We will assess whether you have a claim and your chances of winning in court in an initial free consultation.

Establishing If You Have a Claim

Determining whether you have a claim is dependent on the four essential elements for a negligence claim: duty, breach, causation and damages.

To be successful in a professional negligence case, you must demonstrate:

• there was a duty of care owed by the professional to you;
• the professional had breached that duty of care; and
• as a result of the breach complained of, you have suffered financial loss.

If we establish you do have a claim, we will assess what damages have occurred and what compensation you should receive.

Then, we will collect evidence, notify the defendant and their insurer of the claim and try to negotiate a settlement. If an agreement can’t be reached, we will take your claim to court where our professional negligence solicitors will fight to win compensation for you.

Professional Negligence Claims Time Limitations

According to the Limitations Act 1980, a professional negligence claim must be made within six years from the date when the breach of duty occurred or the first time you became aware of the negligence. For minors, the six-year period begins once they turn 18.

An extension of a further six years can be granted for latent defects – defects that were not visible at the time of construction of a property but caused damages afterwards.

Professional Negligence Pre-action Protocol

The professional negligence Pre-Action Protocol is part of the Court Civil Procedure Rules (CPR) and was first enforced in July 2001. It sets out the standard actions to take before your professional negligence case is taken to court. Negotiating a solution before full court proceedings is required and is heavily encouraged by the Pre-Action Protocol.

We will collect evidence, notify the defendant and their insurer of the claim and try to negotiate a settlement. If an agreement can’t be reached, we will take your claim to court where our professional negligence solicitors will fight to win compensation for you.

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: Our professional negligence solicitors have over 100 years of combined experience to support you with
• Established in 2014: Witan Solicitors have been helping clients win their professional negligence cases for nearly a decade
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We never stop working on improving our knowledge and expertise to deliver the highest quality legal services
• Multilingual Support: Fluent in over 10 languages, our team can assist you in your native language and we can also take on international cases
• Professional negligence experts near you: Our teams of professional negligence solicitors in London, Birmingham and Northampton offer “No Win, No Fee” services across the UK

To find out whether Witan Solicitors are the right solicitors for your professional negligence claim or whether you are eligible for our “No Win, No Fee” service, benefit from your initial no-obligation consultation – it’s free of charge. Send us your query at info@witansolicitors.co.uk to schedule your first consultation.

FAQ

What is professional negligence?

Professional negligence occurs when a professional has made a mistake or fails to perform their duties, causing damage or loss to their client.

How much will it cost me to claim?

We offer professional negligence solicitor services with “no win, no fee”, “no win, low fee”, as well as other funding options. Speak to us to find out which option is most suitable to your case. 

How much is my claim worth?

A negligence claim largely depends on the size of the losses suffered. It could vary anywhere between £1,000 and £1000, 000, or more. Our professional negligence solicitors will assess what compensation you can claim when we know more about your case. 

Is professional negligence the same thing as malpractice?

Yes, professional negligence is a type of negligence, also referred to as malpractice. 

When does negligence occur?

Professional negligence can occur when the person you have hired has:

• Breached the terms of your contract. 
• Failed to perform to the standard required for their profession.
• Has not acted in your best interest.
• Failed to perform their duty as defined by law.

How do I know if I have a claim or just a complaint?

As a general rule, in order to have grounds for a professional negligence case, you must have suffered a loss, as a direct result of the professional negligence. 

If you are dissatisfied with a service you have been offered but you haven’t incurred any losses or damages, you should complain to the service provider first. If needed, you can escalate this to the specific regulating body for the profession, or even take your case to an Ombudsman service. 

If you are unsure, our professional negligence solicitors in Northampton and Birmingham can help you find the best way to deal with the situation.

What are the key elements of proving professional negligence?

There are four key elements to proving professional negligence: 

• Duty: Establish that the defendant was bound by duty or an obligation to the plaintiff.
• Breach: Prove beyond a reasonable doubt that the defendant has acted in breach of said duty.
• Causation: Demonstrate a causal relationship between the negligent act and the harm caused to the plaintiff. 
• Damages: Any damages being claimed are directly related to the harm caused.

What is the professional negligence pre-action protocol?

The professional negligence Pre-Action Protocol is part of the Court Civil Procedure Rules (CPR)  and was first enforced in July 2001. It sets out the standard actions to take before your professional negligence case is taken to court. Negotiating a solution before full court proceedings is required and is heavily encouraged by the Pre-Action Protocol. 

What are the time limitations on professional negligence?

The statute of limitations (Limitations Act 1980) sets out that the time limit  for bringing a negligence claim is six years from the date of the negligent act  or the date the contract with the professional was breached. 

However, if the claim applies to minors, the six years period comes into effect from their 18th birthday onward. 

There is an extension to the six year statutory limitation period for negligence claims for latent defects. These are defects in a property caused by a fault in design, materials or workmanship that existed at the time of construction  but was not apparent.

In cases where there is fraud, the period of limitation does not begin to run at all until you have or could reasonably have discovered the fraud. 

Negligence vs. Professional Negligence: What is the difference?

Negligence is a general term that covers claims regarding “breach of duty”. Professional negligence is just one of the many subtypes of negligence, which also include medical negligence, criminal negligence, gross negligence and more.

How do I prove that I was owed a duty of care?

Generally, professionals who offer their services are legally obliged to exercise a duty of care. To prove that you were owed a duty of care, you have to demonstrate that your relationship with the defendant was such that they were in a position to owe you a reasonable standard of care in their role. 

When does a breach of duty occur?

If a professional who is under a duty of care fails to deliver services to a reasonable standard of care, this is considered a breach of duty. However, your specific circumstances will be taken into account when determining whether there has been a breach of duty, as underperformance by a professional isn’t necessarily equivalent to negligence. 

How do I prove that the loss I have suffered is caused by the professional breaching their duty of care?

To prove that the breach of duty has been the direct cause of the experienced loss, you have to convince the court that you would not have done the actions that led to your loss or injury, had it not been for the negligent actions of the professional you are claiming against. 

Can I bring a professional negligence claim against a solicitor?

Yes, your solicitor owes you a duty of care and failing to provide you with a reasonable standard of care as expected can be considered to be professional negligence.

What can I do besides bringing a professional negligence claim?

If there is a contract between you and the professional that has been breached, in addition to a professional negligence claim, you may also have the option to claim damages.