PROFESSIONAL NEGLIGENCE

CLAIMS AGAINST SOLICITORS AND BARRISTERS

If your solicitor or barrister has failed to act in your best interests, then you may be able to bring a claim against them for damages.

Solicitors can be instructed to deal with a variety of matters. Whether that be assisting in the sale or purchase of a business or property, providing general legal advice, or dealing with a legal dispute. Barristers are usually instructed to assist in litigation, whether that be providing advice on the merits of a claim or representing the client at court. Both however must perform their work with reasonable skill and care. If they fail to do so and you suffer loss as a result you may be able to bring a claim against them for professional negligence.

If you would like to discuss any of our services with us, feel free to contact us using the form below or give us a call at 0161 669 4621 for a free no obligation chat. We look forward to assisting you with your legal concerns.

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HOW CAN BIRCH LAW HELP?

If you would like any further information or need advice about any dispute, please get in touch with us today. You can contact us today on 0161 669 4621 or by email on sbirchall@birchlaw.co.uk for a free no obligation chat.

Common examples of claims against Solicitors and Barristers.

Common examples of claims against solicitors/ barristers include:

1. Acting in the sale or purchase of property.

  • Whether they are acting for the seller or the buyer, solicitors must ensure, amongst other things, that they provide their client with complete advice about what they are purchasing and ensure that all reasonable searches are undertaken.
  • If a solicitor fails to do this and a problem is later found, then a client may be able to make a negligence claim against the solicitor for any damages they may have suffered.

2. Acting for a client in a dispute.

  • A solicitor has several duties that they must comply with when acting for a client in a litigious dispute. For instance, a solicitor must ensure that cases are progressed expeditiously; they should not miss court deadlines or allow limitation periods to pass (meaning the client is out of time to bring their claim).
  • A barrister is under a duty to ensure that a client’s case is properly argued at a hearing in line with the client’s instructions. This includes presenting the case to the Court using reasonable skill and care. Where this does not happen, and it causes a client loss, there may be cause to bring a professional negligence claim against the barrister.

3. Acting in the sale/ purchase of a business.

  • Solicitors regularly act for clients in respect of the sale or purchase of businesses and/assets.
  • A solicitor is under a duty to ensure that they comply with the client’s reasonable instructions; review all of the legal documents; provide clear advice to their clients and carry out all necessary due diligence.
  • Should they fail and should the client suffer a loss as a result then the client may have a claim for damages.

4. Acting for an estate, beneficiary or someone making a Will.

  • A solicitor is under a duty to ensure that the client’s instructions are followed when drafting a Will.
  • The solicitor must also ensure that the client’s Will reflects their wishes, so that on their death their estate passes in accordance with their client’s intentions.
  • Should the solicitor fail then the estate of the deceased person may be entitled to bring a claim against the solicitor for damages.

Notable cases.

Our team have been involved in a considerable number of professional negligence claims against solicitors and barristers over the years. The following are just some examples.

  • Acted for a considerable number of clients who purchased leasehold properties without being fully advised of the existence, and the negative implications, of certain ground rent clauses. Instructed to bring claims against solicitors for failing to advise on the impact of certain ground rent clauses which in essence doubled the level of ground rent every so many years. This had a direct impact upon the value of the properties and the clients’ ability to sell the properties in the future.

 

  • Acted for several clients who wished to bring claims against a firm of solicitors for failing to serve court proceedings on a defendant in time. As a result, their claim was struck out and the court were unwilling to allow their original claim to continue. We were instructed to bring a claim against their former solicitor for damages for failing to comply with strict court deadlines.

How Birch Law can help?

At Birch Law our expert team have years of experience bringing professional negligence claims against Solicitors and Barristers. We are here to guide you through the process and achieve a successful resolution to your dispute. At the outset we would discuss the merits of your case; your options and any funding arrangements available to you.

Please feel free to contact us today on 0161 669 4621 or by email at sbirchall@birchlaw.co.uk for a free no obligation chat.

Whichever funding route you choose, you can rest assure that our experienced solicitors will always do their utmost to keep costs as low as possible. If you would like to discuss any of our services with us, feel free to contact us using the form below or give us a call at 0161 669 4621 for a free no obligation chat.

HOW WE CAN HELP YOU

1

BOOK A TIME TO DISCUSS YOUR MATTER

Please complete our online enquiry form or contact us at sbirchall@birchlaw.co.uk for your free 30 minute consultation. You will be able to choose a time and date that works for you.

2

MEET WITH ONE OF OUR ADVISORS

Meet with one of our advisors on MS Teams, Zoom, by telephone or in person. They will find out about your legal needs and discuss how best we can help you. We will set out your options and provide transparent costs information so you can make an informed decision as to how you want to proceed.

3

IMPLEMENT

Once we have agreed on the correct course of action for you, we will then implement and execute your instructions.

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