7 Steps to a Claim under Professional Negligence
Before issuing Court Proceedings, there is a procedure by which your solicitor will follow, in respect of a claim under Professional Negligence.
- We will take an initial consultation with you to obtain the details of exactly what has happened. Importantly we will wish to know:
- What has happened?
- When has this happened?
- What you have lost? And
- Who the claim is against?
It is vital to check who your case is against as this may not be as straightforward as you think.
It is also vital to make sure you are still ‘in time’ to make a claim as there are time limits that apply.
- If you wish to instruct us the first step will be to review all the documentation relating to your matter.
It is important for us to review the documents available to your case. If you do not have these, we can try to obtain these from the person or company wish to make a claim against.
- Based on reviewing this documentation our litigation solicitor, Alex Williams will provide you with advice explaining the merits of your claim and your options moving forward and take instruction from you on how you wish to proceed.
It is critical to apply the relevant law and rules to your case. This will involve reviewing, where relevant, the statutory regulatory regime applicable to the relevant professional.
We will advise you on the costs of litigation, and the different options available to you for funding your case.
- If we consider that your case has good prospects of success, we will prepare a Letter of Claim to the individual you wish to pursue under the ‘Pre-Action Professional Negligence Protocol’, which will set out case framed in law, and your losses.
The individual will then have 21 days to confirm receipt of this Letter and a further 3 months from the date of their acknowledgement to make you an offer, or provide a ‘Letter of Response’ detailing their response to our Claim and allegations against them.
- Depending on the response received to your professional negligence Letter of Claim, we will advice you about your options and the best way forward, including mediation or any other form of alternative dispute resolution (ADR), including mediation, or arbitration, or, if necessary, issuing court proceedings.
- At this stage, it may be beneficial to obtain expert evidence.
Judges, and solicitors, though experts in law, will need to be guided in fields where they are not experts. We can instruct an expert on your behalf to provide their opinion on the quality of the advice you were provided and to determine what ‘good’ advice would have been. The court will use this evidence to determine the loss you have suffered, in comparing the position based on ‘good’ advice, and the position you are in following the negligent advice. The difference between these two positions will determine the loss you have suffered, and the Court will aim to put you in the position you should have been in based on good quality advice.
- If we are unable to find a resolution to your claim, we will prepare to issue court proceedings.