COMMERCIAL DISPUTE RESOLUTION
- Building & Construction Disputes
- Professional Negligence Claims
- Small Claims Court Advice
- Business Breakdown
- Contractual Disputes
- Clubs & Societies
- Director's and Partner's Liabilities
- Emergency Action - Business Protection
- Employment Law Disputes
- Intellectual Property Rights
- Product Liability/Sale of Goods & Services
- Funding Options for Litigation
If you instruct a Solicitor it will generally be because you need advice and assistance with important aspects of your business affairs. Whether it is buying another business, buying or leasing a business premises or pursuing debtors, these matters will be of the utmost importance to you.
If your solicitor gets it wrong your losses could be substantial and the impact of such breaches of the solicitors’ duty of care can have a devastating impact on your business.
Examples of a Solicitors’ breach of duty include:-
• In the context of mergers and acquisitions, a failure to inform you of key issues or to make the necessary investigations, ensuring you are fully informed and ensuring that the necessary agreements deal with all the issues so you get the necessary warranties and indemnities, know of any competition issues, and financial arrangements and the implications in terms of the transfer of staff;
• Failing to draw up business agreements that adequately protect your position or reflect your instructions;
• Failing to make reasonable enquiries that would have revealed evidence that would have had a favourable impact on the amount awarded in Court proceedings; or indeed resulted in winning your case rather than losing it.
We will help determine exactly whether the advice and assistance given by your solicitor or indeed the advocacy services provided falls in the standard that could be reasonably expected of a solicitor. If your solicitor has failed to meet those minimum standards we can help you identify the losses that your business has suffered. We can then consider how best to pursue this claim and the likely costs.
Our aim is to give you as clear a picture of how strong your claim is and how much it is worth as soon as possible and in any event before you take a decision to take proceedings.
However, it should be appreciated that suing a solicitor for professional negligence will generally require a specialist Barrister’s input, particularly in complex matters.
Solicitors are required to have Professional Indemnity Insurance for the consequences of their negligence/mistakes/breaches of duty, which means you can have a degree of confidence that if you have to bring a claim and you are successful you should be able to recover the full amount of damages and costs awarded. Unfortunately, it also means that those insurers may well take a robust view and often put considerable resources towards defending a claim. This can make running a case against a solicitor quite expensive.
However, if we feel that you have good prospects of success and the value of the claim is sufficient we will be prepared to consider acting for you under a Conditional Fee Agreement – sometimes known as “No win, No fee”.
Sometimes the solicitors’ service whilst inadequate may not amount to negligence. If this is the case you still may have grounds to bring a complaint through their professional body as grounds to bring a complaint.
Solicitors are regulated by the Solicitors Regulation Authority who have the power to stop a solicitor practising if they are found to have breached the Regulations that govern solicitors’ conduct.
Matters of poor service can be referred to the Legal Ombudsman who is able to make compensation awards for poor service. The Legal Ombudsman is also able to investigate overcharging.
We can assist you in bringing matters to the attention of the Solicitors Regulation Authority or indeed making a complaint to the Legal Ombudsman about your previous solicitors.
Making it through Lunchtime came and went, I had to start doing some... more