Have you suffered a financial loss due to the failure of a professional you instructed?

When you instruct a professional you are entitled to receive a service that is at the very least competent and of a reasonable standard of care.

Unfortunately, the service provided by some professionals do meet a competent standard of care.

Wiseman Wingate are expert professional negligence solicitors.
Tony Wiseman has extensive experience handling professional negligence claims and specialises in obtaining Professional Negligence damages for losses suffered through negotiation, arbitration, mediation or litigation.

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Types Of Professional Negligence Claims

Claims Against Licensed Conveyancers and Conveyancing Solicitors

“Conveyancing Negligence” can not only cause the victim to suffer financial loss they can also be very stressful especially if the ability to sell one’s property has been adversely affected.

There are numerous negligence errors that a licenced conveyancer or conveyancer solicitor make such as;

  1. Failure to carry out property searches and/or enquiries
  2. Failure to advise on information given by sellers or property searches, for example; provision for road maintenance and sewers
  3. Failure to rise on property proximity to environmental issues for example floodplains, old coal mines etc
  4. Failure to highlight when a leasehold property is being purchased, defects in a lease or onerous terms
  5. Failure to protect a vulnerable client
  6. Failure to correctly define property boundaries, mistakes defining the parcel of land to be sold
Compensation Claims

The settling of a compensation claim as an undervalue can occur when the barrister or solicitor fails to take into account;

  1. The Claimant’s ongoing injuries; this usually occurs because the correct medical expert opinions were not obtained.
  2. A failure to take into account a future loss of income or pension.
  3. A failure to take into account the care needs past and future.
Claims Against Will Writers or Solicitors Who Have Prepared Defective Wills or Trust Documents

The quality of the Will or Trust document prepared is poor or the professional drafting the Will has failed to take the appropriate instructions you or your loved ones have suffered a financial loss.

The examples of “negligent Wills” include;

  1. Failure to take comprehensive instructions as a result the financial loss arises to a beneficiary or someone not included in the Will who has an interest in the estate
  2. A failure to advise as to the effects of the Inheritance Act; Dependency Claims
  3. A failure to prepare associated Trust documents that are part of or separate from the Will
  4. A failure to have a Will witnessed properly
  5. A failure to advise in respect of mental capacity of the Testator
Solicitors or Barristers Advising Settlement of Claims as an Undervaluation Family Law

In Divorce settlements the following are examples of Solicitor negligence;

  1. A failure to take into account the ex-spouse’s pension and negligently include in a divorce settlement as an undervalue.
  2. A failure to investigate, identify and evaluate the spouse’s full assets in divorce settlements.
  3. An enforceable prenuptial agreements due to incorrect advice or drafting.
Claims against Accountants

It is not enough to show that an Accountant has provided a poor service, you have to show that the Accountant has been negligent as a result you or your company has suffered a financial loss.

Some professional negligence claims brought against Accountants include;

  1. Negligent investment instructions, including incorrect valuation of shares
  2. Improper or incorrect tax advice
  3. Failing to meet statutory deadlines with regard to Company House submissions

The standard of care to be applied to an Accountant is, have they met the required level of skill and care that one can reasonably expect from an Accountant who is a member of the same professional body?

Missing Limitation Dates

Missing Court deadlines and time limits can result in a loss of opportunity to bring Court proceedings or Court proceedings being struck out by the Court.

Time limits and Court deadlines are strictly enforced by the Court.

A solicitor fails to issue Court proceedings within the time period stipulated by the Court or fails to comply with Court directions resulting in the Claimant’s case being struck out are invariably negligent.

Solicitors negligence of the above type often occurs in the following forms of litigation;

  1. Personal Injury claims
  2. Clinical Negligence claims
  3. Employment Law claims
  4. Inheritance Act claims
Claims Against Surveyors

Did you have a Surveyor’s report that failed to highlight defects in the property or overvalued the property?

You may have a professional negligence claim depending upon the type of survey you paid for and for whatever the survey should have highlighted the defect in the property which has caused you to suffer financial loss.

Claims against IFA

Using money as a result of investments made based on advice from an IFA will in itself not be sufficient to bring a professional negligence claim.

One has to show that the IFA failed to comply with the Financial Regulators Code of Practice such as;

  1. The IFA fails to disclose own financial interest in investment
  2. Investment was misrepresented
  3. IFA offered unrealistic guarantees on an investment performance
  4. IFA failed to explain the risks involved in the investment.

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