“I know that navigating property disputes can be daunting. That’s why I pride myself on providing a personalised and strategic approach to every case. I’m here to guide and support you every step of the way.”
Professional negligence occurs when a professional fails to perform their responsibilities to the required standard.
You may bring a claim against a professional if you have suffered loss or damage due to the professional’s advice or actions. In property disputes, the professional may include:
Professionals are required to act with competence in accordance with their own regulatory bodies and professional standards. There may be grounds for a professional negligence claim if the professional falls below those standards.
The tort of negligence has three basic requirements which must be proved by the client on a balance of probabilities (i.e., more likely than not):
As a general rule, professionals are taken to have assumed responsibility towards their clients and so owe a duty of care.
The client will need to show that the professional did not comply with the standard of care owed. Broadly, this will involve evidence that the professional made an error that no reasonable member of that profession would have made, in the same circumstances. In most cases, expert evidence will be required to support the claim.
We can represent clients seeking to bring a claim for professional negligence, including providing expert legal advice on the merits of your case.
A successful claim of negligence would entitle you to compensatory damages. The aim of an award of damages is to put you in the position you would have been in if the professional had acted competently.
The amount of damages will be based on the financial loss caused by the professional’s negligence. For example, as a result of a negligent contractor’s actions, your property value may have decreased or you may have needed to enlist another professional to rectify the situation.
We can provide expert legal advice on the amount of damages you can expect to recover in a professional negligence claim.
Professionals often seek to restrict liability for loss and damage by inserting an exclusion or limitation of liability clause in the contract.
To be effective, the clause must be incorporated into the contract and brought to the attention of the other party before the contract is concluded.
However, under the Unfair Contract Terms Act 1977, parties do not have complete freedom to insert exclusion clauses into contracts. A clause purporting to exclude or restrict liability for any damage must be reasonable and the court will consider the bargaining powers of each party.
We can advise you on the enforceability of an exclusion or limitation of liability clause, to determine your right to bring a professional negligence claim.
We’re here to take your side, guide you through the intricacies of litigation, resolve disputes efficiently and help you achieve the best outcome for you.
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything.
Mustafa Kalayci
Private Client
