Solicitors’ Negligence

 

Solicitors in England & Wales are regulated by the Solicitors Regulation Authority.  The service or advice from a solicitor must not fall below that of a reasonably competent solicitor.  When a solicitor does make a mistake or things go wrong, the consequences can be serious. Challenging a solicitor or their insurers is never easy without specialist advice.  We have expertise in solicitors’ negligence matters and will assist you in seeking the compensation that you deserve.

Call us today on 01992 300845 for a free initial consultation.

 

Some areas where solicitors’ negligence cases arise are:

  • Wills and Probate: Issues around disappointed beneficiary claims, clerical error cases, lack of testamentary capacity, knowledge & approval, undue influence and a failure to act on instructions
  • Matrimonial/Divorce: Ancillary relief negligence claims, pension sharing orders, under-settlement of matrimonial assets/concealment of assets
  • Employment law: Issues around constructive dismissal/resignation; incorrect advice on Compromise (Settlement) Agreements; failing to advise on or claim all heads of loss
  • Residential and commercial property: Issues over ownership, searches and enquiries, restrictive covenants, break notices, rent reviews, assignment of leases, mortgage fraud, etc
  • Personal Injury: Under-settlement due to ongoing symptoms/failure to investigate future needs; missed limitation/lost litigation
  • Criminal: Issues around failing to run a full or adequate defence/loss of liberty and sentencing advice; failing to make an application or appeal in time, or at all
  • Immigration: Lost and mishandled immigration cases concerning applications for Indefinite Leave to Remain, appeals and deportations


How much will it cost to bring a professional negligence claim?

Each case is different, but there are generally three ways to fund a professional negligence claim:

1) use existing insurance that may be held with your home, motor policy or with a trade union;

2) enter into a “No Win, No Fee” Agreement where our fees are met by the other side once the case is won, save for disbursements; or

3) pay privately on an hourly rate or fixed-cost basis.

DJS Law Solicitors will discuss all funding options with you and agree the approach that is most suitable for your circumstances.


How long do I have to make a claim?

Court proceedings will have to be issued within six years of the date of the cause of action (i.e. when you had sufficient knowledge of the material facts about the damage). In certain circumstances s.14A of the Limitation Act 1980 can be used to extend the limitation period for a further three years from the date of awareness that a loss had been suffered, up to a maximum period of 15 years from the date that the cause of action arose.

 

If you would like to discuss a Solicitors’ negligence issue that has caused financial loss, fill in the online enquiry form to make a free enquiry today.