Professional Negligence Solicitors
Bolt Burdon Kemp has a long history of successfully pursuing professional negligence cases and, as a result, we are one of the best known firms in the country for this area.
Acting only for Claimants, our legal team is made up of carefully chosen professional negligence specialists and is recommended by the definitive Legal 500 guide to the UK’s legal profession.
We are all solicitors and take referrals from the Professional Negligence Lawyers Association. We will assess your case for free and if we think it is winnable, we offer “no win no fee” agreements.
We specialise in high value professional negligence claims against the following professionals:
- Solicitors (including Conveyancers)
- Will writers
- Surveyors and valuers
- Financial advisors
- Estate Agents
We have been suing professionals for over 28 years and our team is especially well known for resolving complex solicitors’ negligence cases, often relating to residential and commercial property, and wills and probate problems. You can read about cases here in which we have recovered compensation for our clients or solved problems affecting their property or legal rights.
Click the video link in the banner image above to see how we helped Veronica and her family obtain the compensation they deserved.
Do I have a professional negligence claim?
If you have received negligent advice or services from a solicitor or other professional you may have the right to recover your financial losses from them. Poor service does not always amount to negligence and, even when it does, you must suffer actual financial loss to make a compensation claim. The distinction is not always easy and we are generally very quickly able to identify whether you have a potential claim, or alternatively tell you what action needs to be taken in order to find out.
We are relentless in our pursuit of other professionals. Our experience and expertise enable us to provide quick, accurate advice about the most cost effective way to pursue a claim and to maximise your prospects of winning.
Why do I need a professional negligence solicitor?
If you think you have suffered a loss that exceeds £25,000, then you should consider instructing one of our professional negligence solicitors.
It should be evident as you browse the site that professional negligence is a uniquely complex area of law which operates according to a sophisticated set of rules that are applied in unpredictable ways.
Strict rules about time limits apply to claims and it is important that legal advice is taken at the first opportunity, not least because time can start to run from the date that a Claimant becomes aware of the problem.
However, if you have a solicitor who has contravened the rules of professional conduct (but has not been negligent) the appropriate redress is to pursue a complaint rather than a compensation claim. The Legal Ombudsman will investigate your complaint subject to certain time limits and has the power to order the solicitor to pay compensation of up to £50,000 and/or order your solicitor to reduce the fees charged. Pursuing a poor service complaint instead of a compensation claim is often the best way of obtaining compensation when the loss suffered is quite small as this process is completely free.
How much compensation will I receive?
Demonstrating that a solicitor or other professional has been negligent is often relatively straightforward. In the majority of our professional negligence cases, the argument is focused on the assessment of what has been lost. In some cases this is simple to work out, for example if a solicitor has failed to account for the proceeds of the sale of a property or if a defective will has deprived a beneficiary of a specific legacy. But where there is any uncertainty about future or hypothetical events and outcomes, the law has evolved complex (and sometimes competing) rules to help judges decide what a Claimant should be awarded.
Similarly, the courts will rarely find a negligent professional responsible for all of the consequences of a decision based on negligent advice and it is our job to ensure that the Claimant recovers as much as the law permits.
Common approaches by the courts to the assessment of damages include:
1. Loss of chance/Loss of opportunity
Often a solicitor’s negligence will have deprived a Claimant of the chance or opportunity to do something, for example to bring a damages claim or buy an investment property. Because the event has not yet occurred, and the likelihood of it happening would have depended on the acts of a third party, the courts will assess the chance of that event occurring as well as considering the possible financial benefit that it might have brought the Claimant. So if a solicitor negligently allowed a claim for damages to be struck out, the court will assess the claim against the solicitor by considering how likely it was that the original claim would have been successful, as well as by looking at the amount that the Claimant might have been awarded.
2. Diminution in value
More often than not a transaction will go through but there are problems affecting the value of what has been purchased. In these cases, the court will generally look at what the Claimant thought they were buying and compare the value of that asset with what they ended up with. The rules concerning the comparison of these two values and precisely what is taken into account can become extremely complex.
3. Cost of cure
Where the problem affecting the value of an asset can be cured by a sum that is less than the “diminution in value”, this will invariably form the basis of the Claimant’s loss.
4. No transaction
Less frequently, the court will find that a solicitor’s negligence caused a transaction to occur. When losses are attributed to a solicitor’s negligence, the Claimant will be awarded the costs and expenses incurred by the Claimant for both entering into and getting out of the transaction (less any profits made). The court will not compensate the Claimant for losses incurred because the transaction was in other respects a poor deal.
Unfortunately, we cannot help with any claims worth less than £25,000.
If you think you have a claim then we may be able to help you. Please contact the professional negligence team or call 020 7288 4800 and we will be happy to discuss your case in further detail.